FL - Boynton Beach: City Commission Meeting

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City Commission Meeting

The City of

Boynton Beach City Commission Agenda Tuesday, August 20, 2019, 6:30 PM

Intracoastal Clubhouse Park 2240 N. Federal Highway Regular City Commission Meeting Boynton Beach City Commission Mayor Steven B. Grant (At Large) Vice Mayor Justin Katz (District I) Commissioner Mack McCray (District II) Commissioner Christina L. Romelus (District III) Commissioner Ty Penserga (District IV) Lori LaVerriere, City Manager James Cherof, City Attorney Crystal Gibson, City Clerk
Tagged Passions:grant, legal, boards and commissions, beach, parks, administrator, and manager

*MISSION* To create a sustainable community by providing exceptional

municipal services, in a financially responsible manner. www.boynton-beach.org Page 1 of 430 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
Tagged Passions:ordinance, boards and commissions, beach, procedure, services, and hearing

DECORUM: Any person who disputes the meeting while addressing the Commission may be ordered by the presiding officer to cease further comments and/or to step down from the podium. Failure to discontinue comments or step down when so ordered shall be treated as a continuing disruption of the public meeting. An order by the presiding officer issued to control the decorum of the meeting is binding, unless over-ruled by the majority vote of the Commission members present.

Please turn off all pagers and cellular phones in the City Commission Chambers while the City Commission Meeting is in session. City Commission meetings are held in the 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 6:30 p.m. (Please check the Agenda Schedule - some meetings have been moved due to Holidays/Election Day). Page 2 of 430
Tagged Passions:boards and commissions, voting, beach, election, parks, and holiday

1.
OPENINGS

No additional detail provided

A.
Call to Order - Mayor Steven B. Grant

No additional detail provided

Tagged Passions:grant

Invocation - Rabbi Michael Simon, Temple Beth Kodesh

No additional detail provided

Pledge of Allegiance to the Flag led by Commissioner Christina L. Romelus

Roll Call Agenda Approval:

1.
Additions, Deletions, Corrections

No additional detail provided

Tagged Passions:jail

2.
Adoption

No additional detail provided

2.
OTHER

No additional detail provided

A.
Informational items by Members of the City Commission

No additional detail provided

Tagged Passions:boards and commissions

3.
ANNOUNCEMENTS, COMMUNITY AND SPECIAL EVENTS AND PRESENTATIONS

No additional detail provided

Tagged Passions:events

A.
Present a Certificate of Achievement to three recent Career Online High School (COHS) graduates that earned their high school diplomas from the Library's online program.

Tagged Passions:program, education, and library

B.
Valerie Mathieu, President and Founder of Chariots of Love, invites the City Commission and the public, to the Ezell Hester Jr. Community Center on August 25th, at 12 noon, to celebrate the 99th and 100th recipients receiving their new wheelchairs.

No additional detail provided

Tagged Passions:boards and commissions and community center

C.
Debbie Majors, ADA Grants Coordinator, will introduce Lisa Pugliese, Founder CEO of Love Serving Autism, who will announce the start of the Love Serving Autism Program at the City's Tennis Center, beginning on Saturday, September 7, from 10 A.M. - 11 A.M.

No additional detail provided

Tagged Passions:grant, disability, and program

D.
Announce the following September 2019 meetings:

September 3rd Commission Meeting moved to Thursday, September 5th at 6:30pm at Intracoastal Park Clubhouse to hold 1st Public Budget Workshop for FY 19/20 budget.

Tagged Passions:boards and commissions, budget, and parks

Special Commission meeting on Tuesday, September 10, 2019 at 6:00pm at Intracoastal Park Clubhouse to adopt Final Fire Assessment for FY 19/20. This meeting will be held immediately before the CRA meeting.

Tagged Passions:boards and commissions and parks

Regular Commission Meeting on Tuesday, September 17, 2019 at 6:30pm at Intracoastal Park Clubhouse.

Tagged Passions:boards and commissions and parks

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)

Tagged Passions:business and boards and commissions

5.
ADMINISTRATIVE

No additional detail provided

A.
Appoint eligible members of the community to serve in vacant positions on City advisory boards.

B. Three City Commissioners will be traveling to the National League of Cities conference on Tuesday, November 19, 2019. This is a Commission meeting day. The Commission can either reschedule the meeting or cancel it. Monday, November 18, 2019 is a possibility. Page 3 of 430
Tagged Passions:boards and commissions, appointments, and travel

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

Tagged Passions:administrator and manager

A.
PROPOSED RESOLUTION NO. R19-084 - Authorize the City Manager to sign an agreement utilizing BSO (Broward Sheriff's Office) agreement 12-29077/JHJ with Express Radio for the purchase of Motorola products with an estimated annual expenditure of 50,000.

No additional detail provided

Tagged Passions:radio, public safety, Telecommunications, purchasing, telecommunications, administrator, and manager

B.
PROPOSED RESOLUTION NO. R19-085 - Approve the First Amendment to the ILA between the City of Boynton Beach and Boynton Beach CRA for funding certain portions of the Sara Sims Park Improvements and amend the FY 2019-2020 budget, which will adjust budgeted appropriations and revenue sources and provide spending authority for the Capital Improvement Fund (302) as it relates to the amended ILA.

No additional detail provided

Tagged Passions:funding, budget, capital spending, beach, Capital Spending, and parks

C.
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 August 20, 2019- Request for Extensions and/or Piggybacks.

Tagged Passions:rfp, RFP, services, and purchasing

D.
Approve an increase of 15,000 with PRIDE, for Tire-Recapping, utilizing the State of Florida Contract 94131608-16-P. This will bring the total approved expenditure to 65,000.

No additional detail provided

Tagged Passions:contract

E.
Approve Task Order UT-2C-04 with CDM Smith in the sum of 49,680 in accordance with RFQ No. 046-2821-17/TP, General Consulting Services Contract, Scope Category C executed on August 22, 2018 for the Evaluation and update of the utility's 10-year water supply plan.

No additional detail provided

Tagged Passions:utility, Utility, contract, services, and water

F.
Approve the addition of a vendor to Bid ANNUAL SUPPLY OF ORIGINAL EQUIPMENT MANUFACTURER (OEM) SERVICE AND PARTS FOR MEDIUM/LARGE AND HEAVY DUTY VEHICLES AND EQUIPMENT Bid 029-1412-19/MFD. To add Southern Sewer to Lot 10.

G. Approve increase of Blanket Purchase Order PO 190335 - Acct. 401-2824-536-46-98 for 10,000 issued to Vincent and Sons Landscaping, Inc. for annual landscape maintenance for Utility Stormwater Ponds Landscape Maintenance Services. With the proposed increase the new total will be 91,719.
Tagged Passions:rfp, RFP, equipment, sewer, utility, Utility, services, purchasing, buildings and grounds, and stormwater

H.
Accept third quarter report on operations of the Schoolhouse Children's Museum and Learning Center for FY18/19.

I. Approve utilizing the National JPA Cooperative Contract No. 062117-JCS with Tropicars Golf and Utility Vehicles a authorized Jacobsen distributor for north-central Florida, for the purchase of (1) JacobsenTruckster XD Diesel 4WD; (2) Jacobsen ZT600 60 mowers; (1) Turfco Widespin 1550 Tow-behind Top Dresser; (1) Ryan HD 18 Sod Cutter; and (1) Lely Broadcast Spreader HR for a total purchase price of 52,928.20.

Tagged Passions:utility, Utility, contract, purchasing, and golf

J.
Approve the minutes from City Commission meeting held on August 6, 2019.

Tagged Passions:boards and commissions

7.
CONSENT BIDS AND PURCHASES OVER 100,000

No additional detail provided

Tagged Passions:rfp, RFP, and purchasing

A.
PROPOSED RESOLUTION NO. R19-086 - Approve utilizing the City of Tamarac Contract 19-12R for office supplies, awarded to Office Depot; with an estimated annual expenditure of 120,000 and authorize the City Manager to sign a piggy-back Agreement.

No additional detail provided

Tagged Passions:contract, administrator, and manager

B.
Approve the employee group medical insurance renewal and recommended employer subsidies for Fiscal Year 2019-2020 and authorize City Manager to execute any required documents.

Tagged Passions:insurance, administrator, and manager

C.
Approve Task Order UT-1A-02 with Carollo Engineering in the sum of 143,000 in accordance with RFQ No. 046-2821-17/TP, General Consulting Services Contract, Scope Category A awarded by Commission on August 7, 2018. Services include the design, permitting and services during construction to implement electrical and standby power improvements to western wellfield, wells 4, 5, 7 and 8.

Page 4 of 430

Tagged Passions:construction, boards and commissions, contract, and services

8.
PUBLIC HEARING

Tagged Passions:hearing

7
P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS

The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission.

Tagged Passions:planning, boards and commissions, and hearing

A.
PROPOSED ORDINANCE NO.19-027 - FIRST READING - Approve proposed code language implementing Sustainable Development Standards recommended by the Climate Action Plan and CRA Redevelopment Plan (CDRV 19-005) - Amending the LAND DEVELOPMENT REGULATIONS: Chapter 4. Site Development Standards. Applicant: City-initiated.

No additional detail provided

Tagged Passions:regulation, ordinance, development, environment, and Development

9.
CITY MANAGER S REPORT

No additional detail provided

Tagged Passions:administrator and manager

A.
Chief Gregory will discuss security as it relates to our Town Square project.

No additional detail provided

Tagged Passions:security

B.
Review and discussion of the attached staff report concerning options for the Sara Sims amphitheater.

No additional detail provided

10.
UNFINISHED BUSINESS - None

No additional detail provided

Tagged Passions:business

11.
NEW BUSINESS

No additional detail provided

Tagged Passions:business

A.
Approve the request of Mayor Grant to distribute 400.00 of his Community Support Funds to Dani's Dream Scholarship Fund.

Tagged Passions:funding and grant

12.
LEGAL

No additional detail provided

Tagged Passions:legal

A.
PROPOSED ORDINANCE NO. 19-028 - FIRST READING - Approve amendments to Chapter 26 by adding a new Article IX - Chilled Water. This Addition will provide for the operation of District Energy Plants that produce and supply chilled water for use by customers for the provision of centralized air conditioning management.

No additional detail provided

Tagged Passions:ordinance, utility, Utility, water, plant, and energy

B.
PROPOSED ORDINANCE NO. 19-022 - SECOND READING - Adopting amendments to the City's Land Development Regulations, Chapter 2, Article II, Section 4.F pursuant to the Voluntary Compliance and Conciliation Agreement with the Department of Housing and Urban Development (HUD).

No additional detail provided

Tagged Passions:regulation, ordinance, development, Development, compliance, and housing

C.
PROPOSED ORDINANCE NO. 19-023 - SECOND READING - Approve proposed amendments to the City's Code of Ordinances, Chapter 2, Administration, Section 2-24 - Non- Discrimination Policy for consistency with the City's administrative Non-Discrimination Policy pursuant to Resolution No. R19-071, which Commission approved on July 2, 2019.

No additional detail provided

Tagged Passions:ordinance, boards and commissions, discrimination, and policy

D.
PROPOSED ORDINANCE NO. 19-024 - SECOND READING - Adopting amendments to the City's Land Development Regulations, Chapter 3. Zoning, Article IV, Section 3.B.2 clarifying the ability for an accessory use to be conducted outside a building within abutting road and canal rights-of-way.

No additional detail provided

Tagged Passions:regulation, ordinance, development, zoning, watershed, and Development

E.
PROPOSED ORDINANCE NO. 19-025 - SECOND READING - Approving amendments to the Land Development Regulations, Chapter 2. Article I, Section 4. Expedited Development Review Program, inserting additional eligible projects and benefits, and eliminating redundant verbiage and requirements.

No additional detail provided

Tagged Passions:regulation, ordinance, development, program, and Development

F.
PROPOSED ORDINANCE NO. 19-026 - SECOND READING - Approval of Ordinance modifying the original powers and responsibilities of the Quantum Park Overlay Dependent District but reserving the District's authority to manage outstanding debt.

No additional detail provided

Tagged Passions:ordinance and parks

G.
Request for a private attorney-client session of the City Commission to discuss pending litigation in the following case:

Page 5 of 430 OLEN PROPERTIES CORP., SECURED HOLDINGS INC, QUANTUM LAKE VILLAS II CORP., ET AL, Plaintiff, vs. CANTERBURY AT QUANTUM VILLAGE, PARKSIDE TOWNHOMES, BOYNTON BEACH FLOWERS, ET AL, Defendants Palm Beach County Circuit Court Case No. 502013CA007694XXXXMB

Tagged Passions:legal, boards and commissions, beach, and court

13.
FUTURE AGENDA ITEMS

A.
Amendment to DROP provisions in City's three pension plans (Ordinance) - September 5, 2019

No additional detail provided

Tagged Passions:ordinance and retirement

B.
Staff will present some options for use of our innovation space at the new city hall (1600 sf). September 5, 2019

No additional detail provided

C.
Staff to present updated Social Media Policy - September 17, 2019

No additional detail provided

Tagged Passions:policy and social media law

D.
Department to give brief presentation of their operations

Library - September 2019

Tagged Passions:library

E.
Quarterly Census updates by Laura Lansburgh, Marketing Manager:

No additional detail provided

Tagged Passions:market and manager

14.
ADJOURNMENT

NOTICE IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING, HE/SHE WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE, HE/SHE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. (F.S. 286.0105) THE CITY SHALL FURNISH APPROPRIATE AUXILIARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN INDIVIDUAL WITH A DISABILITY AN EQUAL OPPORTUNITY TO PARTICIPATE IN AND ENJOY THE BENEFITS OF A SERVICE, PROGRAM, OR ACTIVITY CONDUCTED BY THE CITY. PLEASE CONTACT THE CITY CLERK'S OFFICE, (561) 742-6060 OR (TTY) 1-800-955-8771, AT LEAST 48 HOURS PRIOR TO THE PROGRAM OR ACTIVITY IN ORDER FOR THE CITY TO REASONABLY ACCOMMODATE YOUR REQUEST. ADDITIONAL AGENDA ITEMS MAY BE ADDED SUBSEQUENT TO THE PUBLICATION OF THE AGENDA ON THE CITY'S WEB SITE. INFORMATION REGARDING ITEMS ADDED TO THE AGENDA AFTER IT IS PUBLISHED ON THE CITY'S WEB SITE CAN BE OBTAINED

Tagged Passions:boards and commissions, disability, services, and program

FROM THE OFFICE OF THE CITY CLERK.

Page 6 of 430 1.A. OPENING ITEMS 8/20/2019

CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM

Tagged Passions:beach

COMMISSION MEETING DATE: 8/20/2019

REQUESTED ACTION BY COMMISSION: Call to Order - Mayor Steven B. Grant

Tagged Passions:grant and boards and commissions

Invocation - Rabbi Michael Simon, Temple Beth Kodesh

No additional detail provided

Pledge of Allegiance to the Flag led by Commissioner Christina L. Romelus

Roll Call Agenda Approval:

1.
Additions, Deletions, Corrections

No additional detail provided

Tagged Passions:jail

2.
Adoption

No additional detail provided

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 7 of 430
Tagged Passions:grant, strategic, budget, services, program, and environment

2.A. OTHER

8/20/2019

CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM

Tagged Passions:beach

COMMISSION MEETING DATE: 8/20/2019

REQUESTED ACTION BY COMMISSION: Informational items by Members of the City Commission

Tagged Passions:boards and commissions

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 8 of 430 3.A. ANNOUNCEMENTS, COMMUNITY AND SPECIAL EVENTS AND PRESENTATIONS 8/20/2019
Tagged Passions:grant, strategic, services, events, program, and environment

CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM

Tagged Passions:beach

COMMISSION MEETING DATE: 8/20/2019

REQUESTED ACTION BY COMMISSION: Present a Certificate of Achievement to three recent Career Online High School (COHS) graduates that earned their high school diplomas from the Library's online program.

Tagged Passions:boards and commissions, program, education, and library

EXPLANATION OF REQUEST: To celebrate the achievements of Jill Petrunti, Maria Copeland and Loundarie Cheristin. All three have successfully earned their high school diplomas.

Tagged Passions:education

HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Celebrating this achievement will help bring awareness to the Library's Career Online High School program to encourage other potential students to participate in the program.

Tagged Passions:services, program, education, students, and library

FISCAL IMPACT: This program was paid for through the Florida State Division of Library and Information Services.

ALTERNATIVES: None STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount:
Tagged Passions:grant, strategic, services, program, environment, and library

ATTACHMENTS: Type Description Attachment Ceretificates of Achievement

Page 9 of 430 Page 10 of 430 Page 11 of 430 Page 12 of 430 3.B. ANNOUNCEMENTS, COMMUNITY AND SPECIAL EVENTS AND PRESENTATIONS 8/20/2019
Tagged Passions:events

CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM

Tagged Passions:beach

COMMISSION MEETING DATE: 8/20/2019

REQUESTED ACTION BY COMMISSION: Valerie Mathieu, President and Founder of Chariots of Love, invites the City Commission and the public, to the Ezell Hester Jr. Community Center on August 25th, at 12 noon, to celebrate the 99th and 100th recipients receiving their new wheelchairs.

Tagged Passions:boards and commissions and community center

EXPLANATION OF REQUEST: Chariots Of Love charity provides FREE, custom-fitted wheelchairs to those under the age of 21, living in the USA, that are not insured, under-insured, or otherwise unable to obtain medically required mobility equipment. The 99th recipient, 2-year old, Evan, will be receiving his first manual wheelchair and is already learning to propel himself to build strength, coordination, and independence (photo attached). The 100th recipient, 5-year old Nicholas, will be receiving an amazing pediatric powered wheelchair. It will allow him to start school this year and help with his independence (photo attached).

Tagged Passions:equipment, education, and charity

HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Valerie Mathieu is a member of the City's Inclusion Support Team and provides support to families in Boynton Beach and throughout Palm Beach County. Her work furthers our commitment to being an inclusive city.

FISCAL IMPACT: N/A ALTERNATIVES: N/A STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: Page 13 of 430 ATTACHMENTS: Type Description Other Photos of wheelchair recipients Page 14 of 430 Page 15 of 430 3.C. ANNOUNCEMENTS, COMMUNITY AND SPECIAL EVENTS AND PRESENTATIONS 8/20/2019
Tagged Passions:grant, strategic, beach, services, events, program, and environment

CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM

Tagged Passions:beach

COMMISSION MEETING DATE: 8/20/2019

REQUESTED ACTION BY COMMISSION: Debbie Majors, ADA Grants Coordinator, will introduce Lisa Pugliese, Founder CEO of Love Serving Autism, who will announce the start of the Love Serving Autism Program at the City's Tennis Center, beginning on Saturday, September 7, from 10 A.M. - 11 A.M.

Tagged Passions:grant, boards and commissions, disability, and program

EXPLANATION OF REQUEST: Love Serving Autism is a 501(c)(3) non profit organization that provides a specialized therapeutic program focusing on tennis, communication and life skills for children and adults with autism spectrum disorders and developmental disabilities. The program will be offered at the Tennis Center, located at 3111 S. Congress Avenue. More information is available by calling the Tennis Center at 561-742-6575 or by contacting lisa@loveservingautism.org. Volunteers are needed weekly.

Tagged Passions:Telecommunications, program, telecommunications, communications, Communications, and volunteer

HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? This will add another inclusive program to the Recreation Parks Department menu of programs and activities available to our community.

FISCAL IMPACT: Budgeted Registration fees cover all expenses.
Tagged Passions:budget, services, program, parks, and recreation

ALTERNATIVES: Do not make the announcement.

STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: Page 16 of 430 3.D. ANNOUNCEMENTS, COMMUNITY AND SPECIAL EVENTS AND PRESENTATIONS 8/20/2019
Tagged Passions:grant, strategic, events, and environment

CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM

Tagged Passions:beach

COMMISSION MEETING DATE: 8/20/2019

REQUESTED ACTION BY COMMISSION: Announce the following September 2019 meetings:

Tagged Passions:boards and commissions

September 3rd Commission Meeting moved to Thursday, September 5th at 6:30pm at Intracoastal Park Clubhouse to hold 1st Public Budget Workshop for FY 19/20 budget.

Tagged Passions:boards and commissions, budget, and parks

Special Commission meeting on Tuesday, September 10, 2019 at 6:00pm at Intracoastal Park Clubhouse to adopt Final Fire Assessment for FY 19/20. This meeting will be held immediately before the CRA meeting.

Tagged Passions:boards and commissions and parks

Regular Commission Meeting on Tuesday, September 17, 2019 at 6:30pm at Intracoastal Park Clubhouse.

Tagged Passions:boards and commissions and parks

EXPLANATION OF REQUEST:

HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES?

FISCAL IMPACT: ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: Page 17 of 430
Tagged Passions:grant, strategic, services, program, and environment

5.A. ADMINISTRATIVE

8/20/2019

CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM

Tagged Passions:beach

COMMISSION MEETING DATE: 8/20/2019

REQUESTED ACTION BY COMMISSION: Appoint eligible members of the community to serve in vacant positions on City advisory boards.

Tagged Passions:boards and commissions and appointments

EXPLANATION OF REQUEST: A list of vacancies is provided with the designated Commission members having responsibility for the appointment to fill each vacancy.

Tagged Passions:boards and commissions and appointments

HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Appointments are necessary to keep our Advisory Board full and operating as effectively as possible.

FISCAL IMPACT: Non-budgeted None
Tagged Passions:budget, appointments, services, and program

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:

Tagged Passions:grant, strategic, and environment

ATTACHMENTS: Type Description Attachment Appointments - 8-20-19

Page 18 of 430 Page 19 of 430
Tagged Passions:appointments

5.B. ADMINISTRATIVE

8/20/2019

CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM

Tagged Passions:beach

COMMISSION MEETING DATE: 8/20/2019

REQUESTED ACTION BY COMMISSION: Three City Commissioners will be traveling to the National League of Cities conference on Tuesday, November 19, 2019. This is a Commission meeting day. The Commission can either reschedule the meeting or cancel it. Monday, November 18, 2019 is a possibility.

Tagged Passions:boards and commissions and travel

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 20 of 430
Tagged Passions:grant, strategic, services, program, and environment

6.A. CONSENT AGENDA

8/20/2019

CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM

Tagged Passions:beach

COMMISSION MEETING DATE: 8/20/2019

REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R19-084 - Authorize the City Manager to sign an agreement utilizing BSO (Broward Sheriff's Office) agreement 12-29077/JHJ with Express Radio for the purchase of Motorola products with an estimated annual expenditure of 50,000.

Tagged Passions:radio, boards and commissions, public safety, Telecommunications, purchasing, telecommunications, administrator, and manager

EXPLANATION OF REQUEST: Boynton Beach Utilities uses a low frequency radio system to send information to and from lift stations to monitor and control sewer flow within the collection system. The utility utilizes Motorola technology for this radio system. This contract will allow the utility to purchase of Motorola products for the City's lift stations and other utility sites that require Motorola products. The parts are necessary to maintain the communication system with each lift stations.

This agreement allows four (4) one (1) year renewals which includes an agreement term of January 18, 2018 thru January 17, 2023. Historical expenditures in Utilities have averaged 30,000. Staff is recommending approval of 50,000 per year to allow other departments to use the contract for other Motorola parts purchases.
Tagged Passions:radio, sewer, sites, historical, utility, Utility, contract, beach, Telecommunications, purchasing, Technology, telecommunications, communications, technology, and Communications

HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? This contract can also be used for other City Departments that utilize Motorola equipment.

FISCAL IMPACT: Budgeted Funds are budgeted and available for account 502-0000-141-0100 for the estimated amount of 50,000. FY 16/17 expenditures were 26,278.26 FY 17/18 expenditures were 28,593.92 Expenditure to date are 38,587.00
Tagged Passions:funding, equipment, budget, contract, Telecommunications, services, program, and telecommunications

ALTERNATIVES: To not approve utilizing the contract and obtain quotes.

STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Page 21 of 430 Is this a grant? No Grant Amount: ATTACHMENTS: Type Description Resolution Resolution approving piggy-back agreement withExpress Radio Agreement Piggy-back Agreement with Express Radio Addendum BSO Contract Addendum Express Radio Authorization Letter Page 22 of 430 C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\030356F7-1DEB-4239-AAFA-EAC2AD15815B\Boynton Beach.17721.1.Piggy-back_-_BSO__(Express_Radio)__-_Reso.docx RESOLUTION NO. R19- 1
Tagged Passions:grant, radio, strategic, contract, beach, program, and environment

2
A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 3

Tagged Passions:beach

APPROVING UTILIZING THE BROWARD SHERIFF S OFFICE 4

AGREEMENT WITH EXPRESS RADIO, INC., THROUGH 5 MOTOROLA SOLUTIONS, INC., AGREEMENT 12-29077/JHJ IN 6 AN ESTIMATED ANNUAL EXPENDITURE OF 50,000.00; 7 AUTHORIZING THE CITY MANAGER TO SIGN AN AGREEMENT 8 WITH EXPRESS RADIO, INC.; AND PROVIDING AN EFFECTIVE 9 11 12 WHEREAS, the Agreement with Express Radio will allow the purchase of Motorola 13

Tagged Passions:radio, public safety, Telecommunications, purchasing, telecommunications, administrator, and manager

products for the City s lift stations and other needs that require Motorola Products; and 14

WHEREAS, the Agreement allows the City to use the Broward Sheriff s Office 15 Agreement 12-29077/JHJ prices to purchase Motorola products; and 16 WHEREAS, the City Commission of the City of Boynton Beach, upon the 17
Tagged Passions:boards and commissions, public safety, beach, Telecommunications, purchasing, and telecommunications

recommendation of staff, deems it in the best interest of the citizens and residents of the City 18

of Boynton Beach to approve and authorize the City Manager to sign an Agreement with 19
Tagged Passions:beach, administrator, and manager

Express Radio, Inc., for the purchase of Motorola Products, Inc., in an estimated annual 20

No additional detail provided

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expenditure of 50,000.00 at prices based on the Broward Sheriff s office Agreement 12-21

Tagged Passions:public safety

29077/JHJ with Motorola Solutions, Inc.. 22

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 23 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 24 Section 1. The foregoing Whereas clauses are hereby ratified and confirmed as being 25 true and correct and are hereby made a specific part of this Resolution upon adoption hereof. 26
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Section 2. The City Commission of the City of Boynton Beach hereby approves 27

No additional detail provided

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and authorizes the City Manager to sign an Agreement with Express Radio, Inc., for the 28

Tagged Passions:radio, administrator, and manager

purchase of Motorola Products, Inc., in an estimated annual expenditure of 50,000.00 at prices 29

Page 23 of 430 C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\030356F7-1DEB-4239-AAFA-EAC2AD15815B\Boynton Beach.17721.1.Piggy-back_-_BSO__(Express_Radio)__-_Reso.docx
Tagged Passions:beach, Telecommunications, program, purchasing, and telecommunications

based on the Broward Sheriff s Office Agreement 12-29077/JHJ with Motorola Solutions, 30

Inc., a copy of which is attached hereto as Exhibit A . 31
Tagged Passions:public safety, Telecommunications, and telecommunications

Section 3. That this Resolution shall become effective immediately upon passage. 32

PASSED AND ADOPTED this _____ day of ___________, 2019. 33

CITY OF BOYNTON BEACH, FLORIDA 34 35 YES NO 36 37

Mayor Steven B. Grant _____ _____ 38 39
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Vice Mayor Justin Katz _____ _____ 40 41

Commissioner Mack McCray _____ _____ 42 43 Commissioner Christina L. Romelus _____ _____ 44 45 Commissioner Ty Penserga _____ _____ 46 47 VOTE ______ 48 ATTEST: 49 50 51 _____________________________ 52 Crystal Gibson, MMC 53 City Clerk 54 55 56 (Corporate Seal) 57 58 Page 24 of 430 Page 1 C:\Program Files (X86)\Neevia.Com\Docconverterpro\Temp\NVDC\7552D252-F6BE-4E4A-B44E-B2EFC344FE52\Boynton Beach.17720.1.Piggyback_(BSO)_Express_Radio_-_Agmt.Docx MOTOROLA EQUIPMENT AGREEMENT This Agreement is made as of this ____ day of __________, 2019 by and between Express Radio, Inc., 10852 Wiles Road, Coral Springs, FL 33076 ( EXPRESS or Contractor ), and THE CITY OF BOYNTON BEACH, a Florida municipal corporation, with a mailing address of Post Office Box 310, Boynton Beach, FL 33425 (the City ). RECITALS WHEREAS, the City s lift stations and other needs require Motorola products. The parts
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are necessary to maintain functioning lift stations. These parts are used to replace malfunctioning

or damaged parts that cause the lift station to stop operating; and WHEREAS, Motorola has authorized use of Express Radio, Inc., as a Specialist Level Motorola Solutions Professional and Commercial Radio Channel Partner and that Express is authorized to extend pricing based on the Broward Sheriff s Office Agreement No. 12-29077/JHJ

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with an estimated annual expenditure of 50,000.00.

NOW THEREFORE, in consideration of the mutual covenants contained herein, and for

other valuable consideration received, the receipt and sufficiency of which are hereby

acknowledged, the parties agree as follows: AGREEMENT Section 1. The foregoing recitals are true and correct and are hereby incorporated in this Agreement.

Section 2. The City and EXPRESS agree that EXPRESS shall provide Motorola Products

No additional detail provided

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based on the Broward Sheriff s Office Agreement No. 12-29077/JHJ with an estimated annual

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expenditure of 50,000.00, a copy of which is attached hereto as Exhibit A , except as hereinafter

provided: A. All references to Broward Sheriff s Office, shall be deemed as references to the City of Boynton Beach. Venue for any litigation arising under this Agreement must be in a court of competent jurisdiction in Palm Beach County, Florida. B. All Notices to the City shall be sent to: City: Lori LaVerriere, City Manager
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City of Boynton Beach

P.O. Box 310 Boynton Beach, Florida 33425
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Telephone: (561) 742-6010 / Facsimile: (561) 742-6090

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Copy : James A. Cherof, City Attorney

Goren, Cherof, Doody Ezrol, PA.

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3099 East Commercial Boulevard, Suite 200

Fort Lauderdale, FL 33308

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Telephone: (954) 771-4500

Facsimile: (954) 771-4923

C. The following terms and conditions are hereby incorporated into the Agreement: Scrutinized Companies By execution of this Agreement, in accordance with the requirements of F.S. 287-135 and

F.S. 215.473, Contractor certifies that Contractor is not participating in a boycott of Israel.

Contractor further certifies that Contractor is not on the Scrutinized Companies that

Boycott Israel list, not on the Scrutinized Companies with Activities in Sudan List, and not

on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has Contractor been engaged in business operations in Syria. Subject to limited exceptions
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provided in state law, the City will not contract for the provision of goods or services with

any scrutinized company referred to above. Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing, to Contractor of the City's determination concerning the false certification. Contractor shall have five (5) days from receipt of notice to refute the false certification allegation. If such false certification is discovered during the active Agreement term, Contractor shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If Contractor does not demonstrate that the City's

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determination of false certification was made in error then the City shall have the right to

terminate the Agreement and seek civil remedies pursuant to Section 287.135, Florida Statutes, as amended from time to time.

D.
Records shall be deleted in it s entirety and replaced with the following:

The City is public agency subject to Chapter 119, Florida Statutes. The Contractor shall

comply with Florida s Public Records Law. Specifically, the Contractor shall:

1) Keep and maintain public records required by the CITY to perform the service;

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2) Upon request from the CITY s custodian of public records, provide the CITY with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in chapter 119, Fla. Stat. or as otherwise provided by law;

No additional detail provided

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3) Ensure that public records that are exempt or that are confidential and exempt from public record disclosure requirements are not disclosed except as authorized by law for the duration of the Agreement term and, following completion of the Agreement, Contractor shall destroy

Page 26 of 430 Page 3 C:\Program Files (X86)\Neevia.Com\Docconverterpro\Temp\NVDC\7552D252-F6BE-4E4A-B44E-B2EFC344FE52\Boynton Beach.17720.1.Piggyback_(BSO)_Express_Radio_-_Agmt.Docx all copies of such confidential and exempt records remaining in its possession once the Contractor transfers the records in its possession to the CITY; and 4) Upon completion of the Agreement, Contractor shall transfer to the CITY, at no cost to the CITY, all public records in Contractor s possession All records stored electronically by Contractor must be provided to the CITY, upon request from the CITY s custodian of public records, in a format that is compatible with the information technology systems of the CITY. 5) IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
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APPLICATION OF CHAPTER 119, FLORIDA STATUES, TO THE

CONTRACTOR S DUTY TO PROVIDE PUBLIC RECORDS
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RELATING TO THIS AGREEMENT, CONTACT THE

CUSTODIAN OF PUBLIC RECORDS:

CITY CLERK 3301 QUANTUM BLVD.
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BOYNTON BEACH, FL, 33435.

561-742-6061. CITYCLERK@BBFL.US Section 3. In the event that the Broward Sheriff s Office Agreement is amended, or

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terminated, EXPRESS shall notify the City within ten (10) days. In the event the Broward Sheriff s

Office Agreement is amended or terminated prior to its expiration, this Agreement shall remain in

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full force and effect, and not be deemed amended or terminated, until specifically amended or

terminated by the parties hereto.

Section 4. EXPRESS agrees that in the event it enters into a Agreement for the same (or

substantially similar) scope of services with another local government in Florida which contains a

Tagged Passions:services and events

term or condition, including fees, charges or costs, which the City determines to be more favorable

than the terms in this Agreement, the parties shall enter into an Addendum to provide those terms to the City. Section 5. The insurance required shall require that the Certificate of Insurance name the
Tagged Passions:insurance

City of Boynton Beach as an additional insured.

Section 6. In all other aspects, the terms and conditions of the Broward Sheriff s Office Agreement are hereby ratified and shall remain in full force and effect under this Agreement, as provided by their terms. Page 27 of 430 Page 4 C:\Program Files (X86)\Neevia.Com\Docconverterpro\Temp\NVDC\7552D252-F6BE-4E4A-B44E-B2EFC344FE52\Boynton Beach.17720.1.Piggyback_(BSO)_Express_Radio_-_Agmt.Docx IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day and year first written above. ATTEST:
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CITY OF BOYNTON BEACH, FLORIDA

By:_________________________________ ___________________________________ Crystal Gibson, MMC, City Clerk APPROVED AS TO FORM: ___________________________________ Lori LaVerriere, City Manager
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James A. Cherof, City Attorney

WITNESSES: EXPRESS RADIO, INC. ____________________________________ BY:_________________________________ Print Name: _______________________ ____________________________________ Title: _________________________ ATTEST: ____________________________________ SECRETARY Page 28 of 430 Page 5 C:\Program Files (X86)\Neevia.Com\Docconverterpro\Temp\NVDC\7552D252-F6BE-4E4A-B44E-B2EFC344FE52\Boynton Beach.17720.1.Piggyback_(BSO)_Express_Radio_-_Agmt.Docx EXHIBIT A

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AGREEMENT BETWEEN BROWARD SHERIFF S

OFFICE AND MOTOROLA SOLUTIONS, INC. Page 29 of 430 Page 30 of 430 Page 31 of 430 Page 32 of 430 Page 33 of 430 Page 34 of 430 Page 35 of 430 Page 36 of 430 Page 37 of 430 Page 38 of 430 Page 39 of 430 Page 40 of 430 Page 41 of 430 Page 42 of 430 Page 43 of 430 Page 44 of 430 Page 45 of 430 Page 46 of 430 Page 47 of 430 Page 48 of 430 Page 49 of 430 Page 50 of 430 Page 51 of 430 Page 52 of 430 Page 53 of 430 Page 54 of 430 Page 55 of 430 Page 56 of 430 Page 57 of 430 Page 58 of 430 Page 59 of 430 Page 60 of 430 Page 61 of 430 Page 62 of 430 Page 63 of 430
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Re: Express Radio, Inc.

No additional detail provided

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To Whom It May Concern,

No additional detail provided

Motorola Solutions, Inc. (MSI) is committed to providing quality products that meet the needs of our end users. MSI utilizes an extensive network of independent channel partners to provide two way radio product solutions to end customers.

Please be advised that Express Radio, headquartered at 10850 Wiles Rd, Coral Springs, FL 33076 is a Specialist Level Motorola Solutions Professional and Commercial Radio Channel Partner in good standing with Motorola. They have the ability to sell Motorola branded trunking and conventional products, as well as provide certain warranty services, and maintenance on the manufacturer's equipment.

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Express Radio also is authorized to extend pricing to customers based on the Broward County LGRS Motorola Contract No. 12-29077/JHJ and other available public contracts that contain the Motorola Solutions Professional and Commercial Portfolio.

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Should you have any questions, please do not hesitate to contact me at 786-858-2622. We appreciate your continued consideration of Motorola s products and services.

Sincerely, Nicholas Bacigalupi Nicholas Bacigalupi Motorola Solutions, Inc. Sr. Channel Account Manager 1-786-858-2622 Alternate Contact: Brian Carter 1-847-544-6782 Page 64 of 430
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6.B. CONSENT AGENDA

8/20/2019

CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM

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COMMISSION MEETING DATE: 8/20/2019

REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R19-085 - Approve the First Amendment to the ILA between the City of Boynton Beach and Boynton Beach CRA for funding certain portions of the Sara Sims Park Improvements and amend the FY 2019-2020 budget, which will adjust budgeted appropriations and revenue sources and provide spending authority for the Capital Improvement Fund (302) as it relates to the amended ILA.

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EXPLANATION OF REQUEST: On October 2, 2018, the City Commission accepted from the CRA Interlocal Agreement for 600,000, via Resolution 18-143 (see attachment 1), to fund the Sara Sims Park Improvement Project (RP1820). On July 9, 2019, the CRA Amended the Interlocal Agreement to add an additional 45,000 (see attachment 2). These funds are intended to fund the reassembly of the amphitheater canopy at Sara Sims Park (salvaged from next to the Old School Museum). This agenda item proposes to approve a Resolution to amend ILA and appropriate budget, related to funds received from the CRA for Fund 302: Capital Improvement Fund.

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HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The City would continue to follow good and appropriate budgeting practices.

FISCAL IMPACT: Budgeted Funding from CRA will not exceed 645,000 increased from original 600,000. ALTERNATIVES: None STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: Page 65 of 430 ATTACHMENTS: Type Description
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Resolution Resolution approving First Amendment to ILA with CRA for Funding of Sara Sims Park improvements

Page 66 of 430 C:\Program Files (X86)\Neevia.Com\Docconverterpro\Temp\NVDC\99648EE2-19B8-4C32-BDFB-20A1B3AC5FEF\Boynton Beach.17799.1.First_Amendment_To_ILA_With_CRA_For_Partial_Funding_For_Sara_Sims_Park_-_Reso.Docx RESOLUTION NO. R19-___ 1 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 2

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FLORIDA, APPROVING AND AUTHORIZING THE MAYOR TO 3

No additional detail provided

SIGN AN THE FIRST AMENDMENT TO INTERLOCAL 4

No additional detail provided

AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND 5

THE BOYNTON BEACH COMMUNITY REDEVELOPMENT 6
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AGENCY TO PROVIDE ADDITIONAL FUNDING FOR CERTAIN 7

IMPROVEMENTS AT SARA SIMS PARK; PROVIDING FOR 8
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AMENDMENT TO THE FY 2019-2020 BUDGET, WHICH WILL 9

ADJUST BUDGETED APPROPRIATIONS AND REVENUE 10
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SOURCES AND PROVIDE SPENDING AUTHORITY FOR THE 11

No additional detail provided

CAPITAL IMPROVEMENT FUND (302) AS IT RELATES TO THE 12

AMENDED INTERLOCAL AGREEMENT; AND PROVIDING AN 13

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EFFECTIVE DATE. 14

No additional detail provided

WHEREAS; on October 2, 2018 the City Commission, via Resolution R18-143, 15

approved the Interlocal Agreement between the City and the CRA for partial funding associated 16 with the Sara Sims Improvement Project; and 17 WHEREAS, the First Amendment to the Interlocal Agreement will add an additional 18
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45,000 to the original amount to fund the reassembly of the amphitheater canopy at Sara Sims 19

Park; and 20 WHEREAS, the City Commission of the City of Boynton Beach, Florida, upon the 21
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recommendation of staff, deems it to be in the best interests of the City residents to approve and 22

authorize the Mayor to sign the First Amendment to the Interlocal Agreement with the Boynton 23 Beach Community Redevelopment Agency to provide additional funding for certain 24 improvements at Sara Sims Park and to amend the FY 2019-2020 budget, which will adjust 25
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budgeted appropriations and revenue sources and provide spending authority for the Capital 26

Improvement Fund (302) as it relates to the amended ILA. 27 Page 67 of 430 C:\Program Files (X86)\Neevia.Com\Docconverterpro\Temp\NVDC\99648EE2-19B8-4C32-BDFB-20A1B3AC5FEF\Boynton Beach.17799.1.First_Amendment_To_ILA_With_CRA_For_Partial_Funding_For_Sara_Sims_Park_-_Reso.Docx NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 28 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 29 Section 1. Each Whereas clause set forth above is true and correct and incorporated 30 herein by this reference. 31

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Section 2. The City Commission of the City of Boynton Beach, Florida does hereby 32

approve and authorize the Mayor to sign the First Amendment to the Interlocal Agreement 33 between the City of Boynton Beach and the Boynton Beach Community Redevelopment 34 Agency to provide 45,000 in additional funding for certain improvements at Sara Sims Park, 35 a copy of the First Amendment to Interlocal Agreement is attached hereto as Exhibit A . 36

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Section 3. The City Commission approves amending the FY 2019-2020 budget, 37

No additional detail provided

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which will adjust budgeted appropriations and revenue sources and provide spending authority 38

for the Capital Improvement Fund (302) as it relates to the amended Interlocal Agreement. 39
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Section 4. That this Resolution shall become effective immediately upon passage. 40

PASSED AND ADOPTED this _____ day of ___________, 2019. 41

CITY OF BOYNTON BEACH, FLORIDA 42 43 YES NO 44 45

Mayor Steven B. Grant _____ _____ 46 47
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Vice Mayor Justin Katz _____ _____ 48 49

Commissioner Mack McCray _____ _____ 50 51 Commissioner Christina L. Romelus _____ _____ 52 53 Commissioner Ty Penserga _____ _____ 54 55 VOTE ______ 56 ATTEST: 57 Page 68 of 430 C:\Program Files (X86)\Neevia.Com\Docconverterpro\Temp\NVDC\99648EE2-19B8-4C32-BDFB-20A1B3AC5FEF\Boynton Beach.17799.1.First_Amendment_To_ILA_With_CRA_For_Partial_Funding_For_Sara_Sims_Park_-_Reso.Docx 58 _____________________________ 59 Crystal Gibson, MMC 60 City Clerk 61 62 (Corporate Seal) 63 64 Page 69 of 430
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1
RESOLUTION NO. R18- 143

2
A RESOLUTION OF THE CITY OF BOYNTON BEACH, 3 FLORIDA, APPROVING AND AUTHORIZING THE MAYOR TO 4 SIGN AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF 5 BOYNTON BEACH AND THE BOYNTON BEACH COMMUNITY 6 REDEVELOPMENT AGENCY TO PROVIDE PARTIAL FUNDING 7 FOR IMPROVEMENTS AT SARA SIMS PARK; AND PROVIDING 8 AN EFFECTIVE DATE.

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9
WHEREAS; on September 11, 2018 the Boynton Beach CRA approved the Interlocal

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10
Agreement between the City and the CRA for partial funding associated with the Sara Sims

11 Improvement Project; and

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12
WHEREAS, the Interlocal Agreement will allow the City to request up to 600,000 in 13 funding assistance from the CRA as the project progresses; and

No additional detail provided

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14
WHEREAS, the City Commission of the City of Boynton Beach, Florida, upon the

No additional detail provided

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15
recommendation of staff, deems it to be in the best interests of the City residents to approve and

No additional detail provided

16
authorize the Mayor to sign an Interlocal Agreement with the Boynton Beach Community

No additional detail provided

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17
Redevelopment Agency to provide partial funding for improvements at Sara Sims Park.

No additional detail provided

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18
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF

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19
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:

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20
Section 1. Each Whereas clause set forth above is true and correct and incorporated

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21
herein by this reference.

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22
Section 2. The City Commission of the City of Boynton Beach, Florida does hereby

No additional detail provided

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23
approve and authorize the Mayor to sign the Interlocal Agreement between the City of Boynton

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24
Beach and the Boynton Beach Community Redevelopment Agency to provide partial funding,

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C:\ Users\ Stanzionet\ Appdata\ Local\ Microsoft\ Windows\ Temporary Internet Files\ Content. IE5\ SATNOEVN\ ILA_W ith_ CRA_ For_ Partial_ Funding_ For_ Sara_ Sims_ Park_-_ Reso. Docx

Page 70 of 430 25 up to 600, 000, for improvements at Sara Sims Park, a copy of said Interlocal Agreement is
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26
attached hereto as Exhibit A .

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27
Section 3. That this Resolution shall become effective immediately upon passage.

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28
PASSED AND ADOPTED this 2nd day of October, 2018.

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29
CITY OF BOYNTON BEACH, FLORIDA 30

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31
YES NO 32

33
Mayor- Steven B. Grant 34

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35
Vice Mayor- Christina L. Romelus 36

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37
Commissioner- Mack McCray 38

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39
Commissioner- Justin Katz 40

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41
Commissioner- Joe Casello 42

43
VOTE v 44 ATTEST: 45

46 l

47
j- c/. / r4 48 Judith '. Pyle, CMC 49 City lerk 50

51

52
( City Seal) 53

i tw

C:\ Users\ Stanzionet\ Appdata\ Local\ Microsoft\ Windows\ Temporary Internet Files\ Content. IE5\ SATNOE VN\ ILA_ W ith_ CRA_ For_ Partial_ Funding_ For_ Sara_ Sims_ Park_-_ Reso. Docx

Page 71 of 430 INTERLOCAL AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY FOR THE FUNDING OF CERTAIN PORTIONS OF THE SARA SIMS PARK IMPROVEMENT PROJECT LOCATED WITHIN THE COMMUNITY REDEVELOPMENT AREA THIS AGREEMENT ( Agreement ) is made by and between the CITY OF BOYNTON BEACH, a Florida Municipal Corporation, ( CITY ), and the BOYNTON
Tagged Passions:funding, beach, parks, information technology, and Information Technology

BEACH COMMUNITY REDEVELOPMENT AGENCY, ( CRA ) ( individually and

collectively, the Party or Parties ). WITNESSETH: WHEREAS, the 2016 Boynton Beach Community Redevelopment Plan ( Plan )
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Exhibit A ) calls for the redevelopment of the Community Redevelopment Area( CRA Area )

as described in the Plan; and

WHEREAS, the CITY and the CRA desire to provide funding for the enhancement and improvement to Sara Sims Park ( the Project ), as further described in Exhibit B, which is

hereby incorporated herein; and WHEREAS, the Project site lies within the boundaries of the CRA Area, and more

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specifically, in the Heart of Boynton District; and

WHEREAS, the Project is intended to improve the quality, aesthetics and function of Sara Sims Park for the residents of the Heart of Boynton District; and WHEREAS, the CRA Board finds that this Agreement, and the use of the CRA' s funds for the Project, is consistent with the CRA' s Redevelopment Plan and Chapter 163, Florida Statutes; and WHEREAS, due to the intended elimination of slum and blighted conditions, and the
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beneficial neighborhood and redevelopment impact of the Project, the CRA and the CITY find

that this Agreement serves a municipal and public purpose, and is in the best interest of the

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health, safety, and welfare of the CITY of Boynton Beach, including the Community

Redevelopment Area; NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, the parties hereby agree as follows:
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1.
Recitals. The recitations set forth above are hereby incorporated herein.

01039564- I 1 Page 72 of 430 2. Obligations of the CRA.

a.
The CRA shall provide funding to the CITY in an amount not to exceed Six Hundred Thousand and 00/ 100 Dollars ( 600,000.00), for physical improvements to the Project

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consistent with the terms of this Agreement, to be used for reimbursement of certain eligible

costs.

b.
The CRA shall make payments to the CITY upon receipt of a complete written

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request from the CITY for payment, which request shall comply with all requirements of this Agreement.

3. Obligations of the CITY.

a.
The CITY shall ensure funds provided by the CRA are not used for any purposes prohibited by 163. 370( 3), Florida Statutes, or otherwise prohibited by law.

No additional detail provided

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b.
The CITY shall ensure that the Project is designed and constructed in compliance

with the Plan.

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c.
The CITY shall be responsible for overseeing the Project, coordinating with the contractor( s), and otherwise contracting and coordinating with all other entities as necessary to

effectuate the Project, but shall coordinate with the CRA concerning compliance with the Plan. d. Upon request from the CRA, or an authorized agent of the CRA, including the Executive Director and the CRA Attorney, the CITY shall provide all documents reasonably requested by the CRA or CRA' s agent concerning compliance with this Agreement, specifically including any documentation concerning compliance with Florida Statutes. 4. Reimbursement of Funds

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a.
The CITY shall provide a written request for reimbursement of funds

Reimbursement Request ) to the CRA no later than 30 days after payment by the CITY of funds for which it is seeking reimbursement, and in no case later than 30 days after the Project achieves final completion. For purposes of this Agreement, final completion shall be deemed achieved upon issuance of a Certificate of Completion, or equivalent. The request shall include the following information: i. The amount of reimbursement requested; 01039564- 1 2 Page 73 of 430 ii. A summary of the Project improvements for which the CITY seeks reimbursement;

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iii.
A statement that the Project is in compliance with the Plan and Florida

Statutes and evidence supporting the same. iv. Copies of all invoices, receipts, and any other documentation necessary to evidence the amount and purpose for each payment made by the CITY for the Project for which the CITY is seeking reimbursement.

Tagged Passions:compliance

v.
For any Reimbursement Request submitted after final completion, a fully

executed Certificate of Completion, or equivalent. by; vi.

b.
Upon receipt of a complete Reimbursement Request from the CITY that meets the

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requirements of this Agreement, the CRA shall remit funding in the amount requested, consistent

with this Agreement, to the CITY within thirty ( 30) days of receipt of the Reimbursement Request.
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c.
If the CITY fails to submit a Reimbursement Request within 30 days after the

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Project achieves final completion, the CITY will no longer be eligible to receive any reimbursement and this Agreement shall terminate. If the CITY submits a Reimbursement

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Request that the CRA deems incomplete, the CRA shall notify the CITY in writing. The CITY

shall have 30 days from receipt of the notice to provide the necessary documentation to complete the Reimbursement Request. If the CITY fails to provide the documentation required by the CRA within 30 days, the CITY shall only be eligible for the portion of the Reimbursement

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Request, if any, that the CRA deems complete and eligible. The CRA will not reimburse the

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CITY for any portion of the request the CRA deems ineligible for reimbursement. 5. Limits of CRA Obligations for the Project. The Parties agree that the CRA shall only

be responsible for providing reimbursement to the CITY for eligible expenses for the Project, and shall not otherwise be responsible for effectuating the Project. 6. Indemnification. The CITY shall indemnify, save, and hold harmless the CRA, its agents, and its employees from any liability, claim, demand, suit, loss, cost, expense or damage

which may be asserted, claimed, or recovered against or from the CRA, its agents, or its

employees, by reason of any property damages or personal injury, including death, sustained by any person whomsoever, which damage is incidental to, occurs as a result of, arises out of, or is 01039564- 1 3 Page 74 of 430 otherwise related to the negligent or wrongful conduct of persons or the faulty equipment including equipment installation and removal) associated with the Project. Nothing in this Agreement shall be deemed to affect the rights, privileges, and sovereign immunities of the CRA or the CITY as set forth in Section 768. 28, Florida Statutes. This paragraph shall not be construed to require the CITY to indemnify the CRA for CRA' s own negligence, or intentional acts of the CRA, its agents or employees. Each party assumes the risk of personal injury and property damage attributable to the acts or omissions of that party and its officers, employees and agents. 7. Term of the Agreement. This Agreement shall become valid and commence upon execution by the last Party to this Agreement, and unless earlier terminated pursuant to this Agreement, shall terminate after the Project has obtained a Certificate of Completion, or equivalent, and the CRA reimburses the CITY for the Project. In no case shall the CRA be required to reimburse the CITY for any untimely requests, or requests submitted after this Agreement is terminated. The term of the Agreement may be extended only upon the execution of a written amendment signed by the CITY Commission and the CRA Board. Nothing in this paragraph shall be construed so as to affect a Party' s right to terminate this Agreement in accordance with other provisions in this Agreement.

Tagged Passions:equipment, boards and commissions, risk, and property

8.
Records. The CITY and the CRA each shall maintain their own records and documents

associated with this Agreement in accordance with the requirements set forth in Chapter 119, Florida Statutes. All such records shall be adequate to justify all charges, expenses, and costs incurred in accordance with generally accepted accounting principles. Each Party shall have

access to the other Party' s books, records and documents as required in this Agreement for the

purpose of inspection or audit during normal business hours during the term of this Agreement and at least 1 year after the termination of the Agreement.

Tagged Passions:audit

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