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Agenda 09-17-02
The City of ton 100 E. Boynton Beach Boulevard · (561) 742-6000 City Commission AGENDA SEPTEMBER 17, 2002 Gerald Broening Mayor At Large Ronald Weiland Vice Mayor District I Mack McCray Commissioner District II Mike Ferguson District III Charlie Fisher Commissioner District IV Kurt Bressner City Manager www.boynton-beach.org We're Reinventing City Living for the Millennium 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. City Commission meetings are business meetings and, as such, the Commission retains the right to limit discussion on an issue. Comment cards are located on the table by the entry door to the Chambers. Please complete a "Comment by the Public Card" and give it to the City Clerk at the left end of the dais before the "Openings" portion of the meeting. As a general practice, comment cards will not be accepted after presentation of an agenda item has begun. · 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. Please use the yellow colored card for matters not listed on the agenda. The Mayor will call for speakers by name from the yellow cards provided by the City Clerk. · 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. Please use the green colored card for matters listed on the agenda. The Mayor will call for speakers by name from the green cards provided by the City Clerk. ADDRESSING THE COMMISSTON: When your name is called, please step up to either podium and state, for the record, your name and address. DECORUM: Any person making impertinent or slanderous remarks or who becomes boisterous while addressing the Commission will be barred from further audience before the Commission by the presiding officer, unless permission to continue or again address the Commission is granted by the majority vote of the Commission members present. Please turn off all pagers and cellular phones in the City Commission Chambers while the City Commission Meeting is in session. City Commission meetings are held in the Boynton Beach City Commission Chambers, 100 East Boynton Beach Boulevard, Boynton Beach. All regular meetings are held typically on the first and third Tuesdays of every month, starting at 6:30 p.m. (Please check the Agenda Schedule - some meetings have been moved due to Holidays/Election Day). CITY OF B 0 YNTON BEA CH REGULAR CITY COMMISSION MEETING - 6:30 P.M. AI~IENDED AGENDA T. OPENZNGS: A. Call to Order - Mayor Gerald Broening B. Invocation - Father Mark Szanyi, St. Mark Catholic Church C. Pledge of Allegiance to the Flag led by Commissioner Ferguson D. IF YOU W~'SH TO ADDRESS THE COHt4TSS'rON: · FTLL OUT THE APPROPRZATE REQUEST FORt4 · GZVE Z'I' TO THE CZTY CLERK (ON THE DA'rS) BEFORE THE "OPENZNGS" PORTZON OF THE AGENDA HAS BEEN COYlPLETED · COf4E TO THE POD'rUPl WHEN THE F,'IAYOR CALLS YOUR NAt4E I'NDZVZDUALS t4AY SPEAK FOR THREE UN'I'NTERRUPTED pI'rNUTES. E. Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption Agenda Regular City Commission Meeting Boynton Beach, Florida September 17, 2002 II. PUBLZC AUDZENCE: ZNDIVZDUAL SPEAKERS WTLL BE LZMITED TO 3-MTNUTE PRESENTATIONS III. OTHER: A. Informational Items by Members of the City Commission ADMINISTRATIVE: A. Accept resignation from Joy Currier, Regular Member of the Community Relations Board B. Appointments to be made: Appointment To Be Made IV Fisher Mayor Broening ! Weiland ! Weiland I Weiland II McCray Fisher Mayor Broening III Ferguson III Ferguson Length of Term Board Expiration Date Children & Youth Advisory Bd Children & Youth Advisory Bd Children & Youth Advisory Bd Bldg. Bd of Adj & Appeals Community Relations Board Community Relations Board Education Advisory Board Education Advisory Board Nuisance Abatement Board Senior Advisory Board Stu/Reg/Voting 1 yr term to 4/03 Tabled (2) Stu/Reg/Voting 1 yr term to 4/03 Tabled (2) Stu/Reg/NonVoting i yr term to 4/03 Tabled (2) Alt i yr term to 4/03 Alt i yr term to 4/03 Tabled (2) Reg 3 yr term to 4/05 Stu i yr term to 4/03 Tabled (2) Stu 1 yr term to 4/03 Tabled (2) Alt 1 yr term to 4/03 Tabled (2) Alt 1 yr term to 4/03 Tabled (2) ANNOUNCEMENTS & PRESENTATIONS: A. Announcements: None B. Presentations: 1. Proclamations: a. "Sickle Cell Awareness Month" - Charlie Hudnell) September 2002 (accepted by Agenda Regular City Commission Meeting Boynton Beach, Florida September 17, 2002 Recognition of the East Boynton Beach Senior League Team as the South Regional Champions and 2® place Winners at the Senior League World Series Vi'. PUBLI'C HEARZNG: 6:30 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMt'TS A. Project: Agent: Owner: Location: Description: The Harbors (LUAR 02-005) (TABLED TO CRA HEE7'~NG OF OCTOBER 8, 2002) .lennifer Morton, Land Design South Schgai, :[nc. 2300 North Federal Highway Request to amend the Comprehensive Plan Future Land Use Map from Local Retail Commercial (LRC) to Special High Density Residential (SHDR); and Proposed Use: Request to rezone from (C-3) Community Commercial to (:[PUD) l~nfill Planned Unit Development Development of 54 fee-simple townhouses Project: Agent: Owner: Location: Description: Proposed Use Merano Bay (LUAR 02-006) (TABLED TO CRA i~IEE'I'~NG OF OCTOBER 8~ 2002) Carlos Ballbe, Woodside Land Development Corp. Autozone, :[nc. Southeast corner of Shore Drive and Federal Highway Request to reclassify the subject property from Local Retail Commercial to High Density Residential and to rezone from C-3 Community Commercial to :[PUD l:nfill Planned Unit Development 20-unit fee simple Town homes and related site improvements VI(. 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. Minutes: Agenda Preview Conference of August 29, 2002 Special City Commission Meeting of September 3, 2002 Regular City Commission Meeting of September 3, 2002 Bids and Purchase Contracts - Recommend Approval - All expenditures are approved in the 2001-2002 Adopted Budget 3 Agenda Regular City Commission Meeting Boynton Beach, Florida September 17, 2002 Award the bid for "THE CONSTRUCT[ON OF INTRACOASTAL PARK," Bid #048-2413-02/C3D, to MCTEAGUE CONSTRUCT/ON COMPANY, INC. of Stuart, Florida, in the amount of $1,943,440 (Proposed Resolution No. R02- :136) ('TABLED ON AUGUST,20, 2002,) Approve the "piggy-back" of the TOWN OF WALLINGFORD, CT. BID #01- 103 for the PURCHASE OF A SEWER TELEVISING TRUCK from CUES, INC. in the amount of $111,050 Award Areas 'B' through '3/ Bid #072-2511-02/KR, "TWO-YEAR CONTRACT FOR CUSTODIAL SERVICES FOR C1TY FACILI-I'~ES" to Cleaning Systems, Inc. for an estimated annual expenditure of $183,362 - AND - Award Area 'A' to City Custodial Staff (Proposed Resolution No. R02-157) Award the Request for Proposal for the "Rewriting of Land Development Regulations for the City of Boynton Beach," RFP #065-2414-02/KR, to the RMPK Group, Inc. in the amount of $70,000 (Proposed Resolution No. R02-158) Extend the "ANNUAL CONTRACT FOR LANDSCAPE MAINTENANCE," Bid #081-2730-01/KR, for 30 days, or until such time a new contract is in place, for an estimated expenditure of $51,252 (New Bid #084-2730- 02/KR) Multi award Bid #068-1412-02/C2D "ANNUAL CONTRACT FOR AUTOMOTIVE PARTS AND SUPPLIES" on an overall basis broken down into two sections: Warehouse Inventory and Non-Stocked items, with an estimated annual expenditure of $150,000 C. Resolutions: Proposed Resolution No. R02-159 Re: Appointing Palm Beach County Supervisor of Elections to handle and canvas all absentee ballots for the November 5, 2002 General Election and, if necessary, the November 19, 2002 Run-Off Election; to represent the Municipal Canvassing Board at all Logic & Accuracy Tests; and to certify the election results Proposed Resolution No. RO2-160 Re: Approving two Agreements for Water Service Outside the City Limits for 1) A.E. Verzaal as owner and Holiday Organization, Inc. as contract vendee and 2) Stratford Greens, LLC as owner Proposed Resolution No. R02-161 Re: Approving a contract with URS Corporation for Phase T of the Preparation of a 4 Agenda Regular City Commission Meeting Boynton Beach, Florida September 17, 2002 Greenway/Bikeway Master Plan, RFQ #041-2413-02/KR, at a total cost not to exceed $16,350 Proposed Resolution No. R02-162 Re: Approving release of cash bond of $9,871.40 to the Congregation of 3ehovah's Witnesses, [nc. Proposed Resolution No. R02-163 Re: Executing the First Amendment to the NPDES Interlocal Agreement, extending the term of the present agreement until a new five-year NPDES permit and Inteflocal agreement are finalized Proposed Resolution No. R02-164 Re: Approving reduction of surety in the amount of $158,537 for the potable water and sanitary sewer portions of the project known as Alta Chase Proposed Resolution No. R02-16S Re: Special Warranty Deed conveying title to Arnisa Hill for Lot 29, Block 14, Rolling Green Ridge First Addition Proposed Resolution No. R02-166 Re: Approving Change Order No. 1, in the amount of $35,000, to the "Heart of Boynton Beach" project for the Master Plan and Schematic Design for Wilson Community Center and Park, Sara Sims Park and surrounding Heart of Boynton Beach Neighborhoods with JEG Associates, [nc. Proposed Resolution No. R02-167 Re: Letters of Appointment for Peter Mazzella, Deputy Utilities Director, and Barbara Conboy, Manager, Utilities Administration 10. Proposed Resolution No. R02-168 for 3ohn McNally, Manager of LT.S. Re: Letter of Appointment 11. Proposed Resolution No. R02-169 Re: Accepting an amended Exhibit "A' to the license agreement with VDS Associates, Ltd. for the installation and maintenance of landscaping improvements at the northwest corner of Federal Highway and Old Dixie Highway (Villa Del Sol) 12. Proposed Resolution No. R02-170 Re: Approving a Consultant Contract Amendment in the amount of $134,218.15 with Kimley-Horn and Associates, [nc. for additional Construction Phase Services in support of the [ndustrial Avenue Corridor/Lake Boynton Estates Tnfrastructure [mprovement Project Agenda Regular City Commission Meeting Boynton Beach, Florida September 17, 2002 D. Ratification of Planning & Development Board Action: Woolbright Plaza (ZNCV 02-009), SW Corner of Woolbright Road and Congress Avenue - Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 4.L to allow a landscape buffer along the north, approximately 277 feet of the western property line, in lieu of the required six foot high masonry buffer wall required by code, where a commercial and/or industrial district abuts a residential district (TABLED ON SEPTEHBER 3~ 2002,) E. Ratification of CRA Action: The Harbors (NWSP O2-O12), 2300 North Federal Highway - Request to construct 54 fee-simple townhouse units on 3.21 acres (Site Plan Approval) Fo Accept the written report to Commission of purchases over $:L0,000 for the month of August 2002 for informational purposes Approve revisions to Library Overdue Fines Approve the updated Library Long Range Plan for 2003-2005 Accept the renewal quote for 2002-2003 from the Florida League of Cities/Florida Municipal Insurance Trust Release of $1,100 Builders Cash Bond to Tosca Catering, 4707 N. Congress Avenue VIII. CITY MANAGER'S REPORT: None IX. FUTURE AGENDA 1'rEMS: Review of Professional Services Contract between City of Boynton Beach and Smith, Ballard & Logan, P.A. (October 1, 2002) Proposed Resolution No. R02-016 regarding authorizing the use of eminent domain to acquire the public right-of-way necessary to develop the Boynton Beach Boulevard Promenade and Riverwalk - Tabled to November 19~ 2002 FRA Whistle Ban - Report (3anuary 2003) - Delayed due to Federal Railway Administration Delay in Rulemaking 6 Agenda Regular City Commission Meeting Boynton Beach, Florida September 17, 2002 Ordinance on first reading rescinding LDR Chapter 2, Zoning, Section :L1.3. Environmental Review and associated references to Environmental Review Permit or the Environmental Review Committee (TBA) X. DEVELOPMENT PLANS: None XT. NEW BUSTNESS: Ao Approve the Special Event Permit request for the Dickman wedding and reception at Oceanfront Park on October 21, 2002 XII. LEGAL: A. Ordinances - 2nd Reading - PUBLIC HEARING Proposed Ordinance No. O2-O50 Re: Rezoning a 10.37- acre parcel from PUD (Planned Unit Development) district to PU (Public Usage) (Bethesda Hospital) Proposed Ordinance No. 02-051 Re: Rezoning the 6.93- acre Marina property from Central Business District (CBD) to Mixed Use- High Tntensity (MU-H) to allow for the planned Mixed-Use Marina Project B. Ordinances - ist Reading None C. Resolutions: None D. Other: Alhambra request for authorization to process amendment to Court Stipulation regarding land use zoning and use restrictions XTTT. UNFTNZSHED BUSTNESS: None 7 Agenda Regular City Commission Meeting Boynton Beach, Florida September 17, 2002 XZV. AD.1OURNMENT: NOTICE IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WI-I'H 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 DISABILI-I-Y AN EQUAL OPPORTUNITY TO PARTICIPATE IN AND ENJOY THE BENEFITS OF A SERVICE~ PROGRAM~ OR AC'llVITY CONDUCTED BY THE CITY. PLEASE CONTACT JOYCE COSTELLO, (561) 742-6013 AT LEAST TWENTY-FOUR HOURS PRIOR TO THE PROGRAM OR ACTIVITY IN ORDER FOR THE CITY TO REASONABLY ACCOMMODATE YOUR REQUEST. bg FINAL AGENDA 9/:1.7/2002 10:23 AM S:\CC\WP\CCAGENDA'~,GENDAS\YEAR 2002\091702.DO0 8 Requested City Commission Meeting Dates [] August 6, 2002 [] August 20, 2002 [] September 3,2002 [] September 17, 2002 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to City Clerk's Office July 17, 2002 (5:00p.m.) August 5, 2002 (Noon) August 19, 2002 (Noon) September 3, 2002 (8:00 a.m.) Requested City Commission Meeting Dates [] October 1, 2002 [] October 15, 2002 [] November 6, 2002 [] November 19, 2002 Date Final Form Must be Turned in to City Clerk's Office September 16, 2002 (Noon) September 30, 2002 (Noon) October 14, 2002 (Noon) November 5, 2002 (Noon) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unf'mished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Review Recommended Adjustments for Proposed Operating Budget and Millage Rate. Adopt resolution and ordinance related to the 9/2/02 approved tax rate. Also review minor changes in Capital Improvement Budget (CIP). EXPLANATION: As a follow-up to the City Cornrnission's review of the proposed Budget, Five-Year Plan and Millage Rate, the staff has reviewed budget expenditures with a view toward seeing if the Millage Rate for the City could be reduced to a rate below the current base rate of 8.2110% (General Millage 7.8160% plus Debt Service .3950%). General Millage Debt Service Total Millage Rate 7.8160% (Proposed) .3950% (Proposed) 8.2110% (Proposed) 7.600% (Revised w/Cuts) - approved 9/2/02 .3950% (Proposed) -- approved 9/2/02 7.995% (Revised w/Cuts) -- approved 9/2/02 Commission authorized lower combined Millage rate of 7.995 on September 2, 2002. Final comf'mnation of the rate is needed by approval of the Millage Resolution and the Second Reading of the Budget Ordinance reflecting the lower tax rate. PROGRAM IMPACT: The budget adjustments will not affect City programs and services (cuts) and allow proper funding of pension obligations (additions). Department Head's Signature FISC~kL IMPACT: The millage rate set 7.995% results in the City using $3.8 M of the fund balance. The original budget proposed called or use of $3.9 M of the fund balance. Therefore, there has been an improvement based on the impact of budget reductions. ALTERNATIVES: Provided abovebasedondesiredMillageRate. ~_~j~~~! . . ~ . C~ty Manager s S~gnature Department Name City Attorney / Finance / Human Resources S:\BULLETINSFORMSSAGENDA iTEM REQUEST FORMDOC RESOLUTION R02- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, ADOPTING A FINAL MILLAGE RATE OF 7.600 MILLS FOR THE CITY'S GENERAL OPERATING FUNDS FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2002, AND ENDING SEPTEMBER 30, 2003; PROVIDING THAT THE FINAL MILLAGE RATE OF 7.600 MILLS IS 0.94 PERCENT ABOVE THE COMPUTED ROLLED- BACK RATE; PROVIDING FOR SEVER_ABILITY, CONFLICTS AND AN EFFECTIVE DATE. WHEREAS, a Final Budget has been reviewed and considered by the City Commission of the City of Boynton Beach, Florida, for the ensuing year, with detailed information, including revenues to be derived from sources other than ad valorem levy, and the City Manager has made recommendations as to the amount necessary to be appropriated for the ensuing year; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA: Section 1. That the final millage rate necessary to be levied against ad valorem valuation of property subject to taxation in the City of Boynton Beach, Florida, to produce a sufficient sum which together with departmental and other revenues will be sufficient to pay for appropriations made in the budget for the Fiscal Year beginning October l, 2002, and ending September 30, 2003, is hereby set at 7.600 mills plus 0.3950 for Voted Debt Service for a total Final Millage rate of 7.9950. Section 2. The Final Millage rate of 7.600 mills is 0.94% above the computed rolled-back rate. Section 3. If any clause, section or other part of this Resolution shall be held by any court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid part shall be considered as eliminated and shall in no way affect the validity of the remaining portions of this Resolution. Section 4. All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. 1 Section 5. This Resolution shall become effective immediately upon passage. FIRST READING, this __ day of September, 2002. CITY OF BOYNTON BEACH, FLORIDA Mawr Vice Mayor Commissioner ATTEST: City Clerk (Corporate Seal) Commissioner Commissioner ,i O O=A C Ct Y CO SS OS iOO n Z ^ 2002, AND ENDING SEPTEMBER 30, 2003; DETERMINING AND FIXING THE AMOUNTS NECESSARY TO CARRY ON THE GOVERNMENT OF THE CITY FOR THE ENSUING YEAR; PROVDING FOR SEVERABILITY, CONFLICTS, AND AN EFFECTWE DATE. WHEREAS, a final budget has been prepared by the City Manager estimating expenditures and revenues of the City for the ensuing year, with detailed information, including revenues to be derived from sources other than ad valorem lew, and she has made recommendations as to the amount necessary to be appropriated for the ensuing year; and WHEREAS, the City Commission has met and considered the recommendations, the suggested budget, and the proposed millage necessary to be levied to carry on the government of the city for the ensuing year; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA: Section 1. That the final budget of the City of Boynton Beach, Florida, for thc fiscal year beginning October 1, 2002, and ending September 30, 2003, is hereby adopted and the appropriations set out therein are hereby made to maintain and carry on the government of the City of Boynton Beach, Florida. There is hereby appropriated the sum of $48,813,915.00 ($4~,928,956 in new revenue plus $3,884,959.00 allocated from reserve fund balance) the General Fund for the payment of operating expenses and necessary capital outlays for the City Government pursuant to the terms of thc above budget. Section 2. That there is hereby appropriated the sum of $1,151,923.00 to thc interest and sinking fund for the general debt service for the purpose of paying thc interest, principal and reserve duc on the general obligation bonds of the City not subject to statutory exemptions and for redeeming such bonds as they mature. Section 3. That there is hereby appropriated the sum of $24~576,400.00 to thc Capital Improvement Fund for the payment of capital outlays pursuant to the terms of thc 1 above budget. Section 4. That there is hereby appropriated the sum of $6,289,234.00 to the Solid Waste Fund for the payment of operating expenses and necessary capital outlays. Section 5. That there is hereby appropriated the sum of $2,348,564.00 to the Golf Course Revenue Fund for operating expenses and necessary capital outlays. Section 6. That there is hereby appropriated the sum of $525,379.00 to the Golf Course Fund for the purpose of paying Debt Service due on the Golf Course Recreational Bonds, the sum of $12,752.00 for amortization of its Revenue Bond discounts, for a total of $2,886,695.00 Dollars. Section 7. That there is hereby appropriated the sum of $4,827,273.00 to the Fleet Maintenance Fund for the payment of operating expenses and necessary capital outlays. Section 8. That there is hereby appropriated the sum of $1,512,000.00 to the local Option Gas Tax Fund for the payment of operating expenses and necessary capital outlays. Section 9. That there is hereby appropriated the sum of $20,398,103.00 to the Water and Sewer Utility Fund for operating expenses and necessary capital outlay. Section 10. That there is hereby appropriated the sum of $3,796,505.00 to the Water and Sewer Utility Fund for the purpose of paying debt service due on the Water and Sewer Revenue Bonds, the sum of $3,345,000.00 for renewal and replacement and amortization of its Revenue Bond discounts, for a total of $27,539,608.00. Section 11. That there is hereby appropriated the sum of $236,730.00 to the Warehouse Fund for the payment of operating expenses and necessary capital outlays. Section 12. That there is hereby appropriated the sum of $265,500.00 to Cemetery Fund for the payment of operating expenses and necessary capital outlays. Section 13. That there is hereby appropriated the sum of $4,144,300.00 to the interest and sinking fund for general debt service for the purpose of paying the interest, principal and reserve due on the public service tax bonds of the City not subject to statutory exemptions and for redeeming such bonds as they mature. Section 14. That there is hereby appropriated the stun of $2,236,814.00 to the Self-Insurance Fund for the payment of operating expenses. Section 15. That there is hereby appropriated the sum of $236,400.00 to the Mass Transit Fund for the ,,:o.2maent of operating expenses and necessary capital outlays. Section 16. That there is hereby appropriated the sum of $945,136.00 to the Recreation Program Revenue Fund for the payment of operating expenses and necessary capital outlays. Section 17. That Community Improvements capital outlays. there is hereby appropriated the sum of $725,035.00 to the Fund for the payment of operating expenses and necessary Section 18. That there is hereby appropriated the sum of $7,056,340.00 to the Assessment Fund for the payment of operating expenses and necessary capital outlays. Section 19. All delinquent taxes collected during the ensuing fiscal year as proceeds from levies of operation millages of prior years are hereby specifically appropriated for the use of the General Fund. Section 20. If any clause, section or other part of this Resolution shall be held by any court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid part shall be considered as eliminated and shall in no way affect the validity of the remaining portions of this Resolution. Section 21. If any clause, section or other part of this Ordinance shall be held by any court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid part shall be considered as eliminated and shall in no way affect the validity of the remaining portions of this Ordinance. Section 22. All Ordinances or parts of Ordinances in conflict herewith are hereby repealed to the extent of such conflict. FIRST READING THIS '~ day of September, 2002. SECOND, FINAL READING AND PASSAGE, this __ day of September, 2002. CITY OF BOYNTON BEACH, FLOR[DA Mayor Vice Mayor Commissioner Commissioner ATTEST: Commissioner City Clerk (Corporate Seal) uJ Z I-- Leatrice JoYth Currier 449 S.W. 4 Ave. Boynton Beach, Fl. 33435 734-4652 ZV. ADMINISTRATZVE I'TEM A. Sept., 11, 2002 TO WHOM IT MAY CONCERN: I, Joy Currier, do hereby resign from the Community Relations Board, City of Boynton Beach, Fl., as of this date. V.-ANNOUNCEMENTS & PRESENTATIONS Item B.La CITY OF BOYNTON BEAC1 AGENDA ITEM REQUEST FO x ,a Requested City Commission Date Final Form Must be Turned Requested City Commission Meeting Dates in to Ciw Clerk's Office Meeting Dates [] August 6, 2002 July 17, 2002 (5:00 p.m.) [] October l, 2002 [] August 20, 2002 August 5, 2002 (Noon) [] October 15, 2002 [] September 3, 2002 August 19, 2002 (Noon) [] November 6, 2002 [] September 17, 2002 September 3, 2002 (8:00 a.m.) [] November 19, 2002 Date Final Form Must be Turned in to City Clerk's Office September 16, 2002 (Noon) September 30, 2002 (Noon) October 14, 2002 (Noon) November 5, 2002 (Noon) [] Administrative [] Development Plans NATURE OF [] Consent Agenda [] New Business AGENDA ITEM [] Public Hearing [] Legal , ,:. [] Bids [] Unf'mished Business ,_-z [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Present proclamation for Sickle Cell Awareness Month. " EXPLANATION: In recognition of Sickle Cell Anemia Month, The Sickle Cell Foundation of Palm Beach County has requested a proclamation. This organization aids individuals and families affected by sickle cell disease and conducts education programs to increase community awareness about the disease. During the month of September, it will conduct various activities that will make residents throughout Palm Beach County more sensitive to this disease. PROGRAM IMPACT: None FISCAL IMPACT: None ALTERNATIVES: Not present proclamation - 0~; ~Dep~anen(~ead'sSignature City Manager's Signature Public Affairs Department Name City Attorney / Finance / Human Resources S:\BULLETIN\FORMS~GENDA ITEM REQUEST FORM.DOC Sickle cell disease is an inherite~r that affects red blood cells· Sickle cells cauo~ many problems including anemia, lung tissue damage, pain episodes and stroke. The blockage of blood flow caused by sickled cells also causes damage to most organs including the spleen, kidneys and liver. Sickle cell disease is a global health problem. In the United States it is estimated that over 70,000 people have sickle cell disease. About 1,000 babies are bom with the disease each year in this country. Measures to ameliorate the excruciatingly painful sickle-cell crises have been introduced for those afflicted. Also, our ability to combat life-threatening complications has improved· But while there has been substantial progress in research on sickle-cell disease and diagnostic procedures have been greatly improved, much remains to be done to conquer this serious health problem. The Sickle Cell Foundation of Palm Beach County, Inc. aids individuals and families affected by sickle cell disease and conducts education programs to increase community awareness about the disease. During the month of September, the Sickle Cell Foundation of Palm Beach County, Inc. will conduct various activities that will make residents throughout Palm Beach County more sensitive to this disease. Now, therefore, I, Gerald Broening, by virtue of the authority vested in me as Mayor of the City of Boynton Beach, do hereby proclaim the month of September 2002 as: "SICKLE CELL AWARENESS MONTH" in Boynton Beach, Florida, and urge all citizens of our City to join in learning more about this serious disease and to support the efforts of the Sickle Cell Foundation of Palm Beach County, Inc. in educating the public, as well as seeking a treatment and cure for Sickle Cell Disease. In witness whereof, I have set hereunto my hand and caused the Seal of the City of Boynton Beach, Florida, to be affixed at Boynton Beach, Florida, this 17th day of September in the Year 2002. A'I'rEST: Gerald Broening, Mayor City of Boynton Beach City Clerk (Corporate Seal) S:\CC~WP~CCAGENDA'u~'oclamations~Sickl¢ Cell Awareness Month-2002.doc Requested City Commission Meeting Dates [] August 6, 2002 [] August 20, 2002 [] September 3, 2002 [] September 17, 2002 VI.-PUBLIC HEARING ITEM A. CITY OF BOYNTON BEAC. AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to City Clerk's Office July 17, 2002 (5:00 p.m.) August 5, 2002 (Noon) August 19, 2002 (Noon) September 3, 2002 (8:00 a.m.) Requested City Commission Meeting Dates [] October 1,2002 [] October 15, 2002 [] November 6, 2002 [] November 19, 2002 Date Final Form Must be Turned in to City Clerk's Office September 16, 2002 (Noon) September 30, 2002 (Noon) October 14, 2002 (Noon) November 5, 2002 (Noon) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Heating [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Please place this request on the September 17, 2002 City Commission Agenda under Public Hearing. The Community Redevelopment Agency Board with a 5 to 1 vote, recommended that the subject request be tabled to the October 8, 2002 Community Redevelopment Agency Board meeting, allowing additional time for staff and the applicant to discuss and incorporate design issues/comments into the proposed Master Plan. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 02-162. EXPLANATION: PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: THE HARBORS (LUAR 02-005) Jennifer Morton of Land Design South Schgal, Inc. 2300 North Federal Highway Request to amend the Comprehensive Plan Future Land Use Map from Local Retail Commercial (LRC) to Special High Density Residential (SHDR); and Request to rezone from (C-3) Community Commercial to (IPUD) Infill Planned Unit Development. Proposed use: development of 54 fee-simple townhouses. PROGRAM IMPACT: N/A FI2TCEALdAM PTi~ N/N/~, Ill~q[op~e ni[l~e h'/l~ ir e c t o r Planning and Zoning ~)tYector · ~ity Manager's Signature City Attorney / Finance / Human Resources SSPlanning~SHARED\WPXPROJECTS\The HarborsXLUAR 02-005XAgenda Item Request The Harbors LUAR 02-005 9-17-02.dot SSBULLETIN~FORMS\AGENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT PLANNING & ZONING DIVISION MEMORANDUM NO. PZ 02-162 TO: FROM: THROUGH: DATE: Project/Applicant: Agent: Owner: Location: File No: Property Description: Proposed change/use: Chairman and Members Community R.~e~ment Agency Board Dick Hudso ,n4'~cltrlor Planner Michael W. Rumpf Director of Planning and Zoning August 25, 2002 PROJECT DESCRIPTION The Harbors/Centex Homes Jennifer Morton of Land Design South SCHGAI, Inc. 2300 N. Federal Highway (Caf6 La Notte) Land Use AmendmentJRezoning (LUAR 02-005) Developed property consisting of +3.2 l acres, classified Local Retail Commercial (LRC) and zoned C-3 Community Commercial To reclassify the subject property from Local Retail Commercial (LRC) to Special High Density Residential (SHD-20 du/ac), and rezone from C- 3 Community Commercial to Infill Planned Unit Development (IPUD) in order to redevelop with 54 fee-simple townhouses. Adjacent North: South: East: West: Land Uses and Zoning: To the northeast, developed (Las Palms) single family homes classified Low Density Residential (LDR - 4.84 du/ac) and zoned R-l-AA Single Family Residential and to the northwest, developed commercial land (gas station) classified Local Retail Commercial (LRC) and zoned C-3 Community Commercial. Vacant land, currently being developed as Intracoastal Park, designated Recreational (R) and zoned REC Recreation. Intracoastal Waterway Rights-of-way of Federal Highway and the Florida East Coast Railroad, then developed commercial property classified Local Retail Commercial (LRC) and zoned C-2 Neighborhood Commercial. Page 2 File Number: LUAR 02-005 The Harbors PROJECT ANALYSIS Chapter 163, Florida Statutes requires that in order for an amendment to the Future Land Use Map to qualify as a "small-scale" amendment, the property must be less than 10 acres in size. If the amendment involves a residential land use, the density must be I0 dwelling units or less per acre. An exception to the density limitation is permitted if the property is in an area designated in the comprehensive plan for urban infill, urban redevelopment or downtown revitalization. Even though the requested density for the site is greater than 10 du/ac, the parcel is less than 10 acres in size, is located within the expanded Community Redevelopment Area, and would be considered an urban redevelopment project. The subject property contains +3.21 acres, and therefore qualifies as a "small-scale" amendment. A "small-scale" amendment is adopted prior to forwarding to the Florida Department of Community Affairs and is not reviewed for compliance with the state, regional and local comprehensive plans prior to adoption. The eight criteria used to review Comprehensive Plan amendments and rezonings are listed in Article 2, Section 9, Administration and Enforcement, Item C. Comprehensive Plan Amendments: Rezonings. These criteria are required to be part of a staff analysis when the proposed change includes an amendment to the Comprehensive Plan Future Land Use Map. Whether the proposed land use amendment/rezoning would be consistent with applicable comprehensive plan policies including but not limited to, a prohibition against any increase in dwelling unit density exceeding 50 in the hurricane evacuation zone without written approval of the Palm Beach County Emergency Planning Division and the City's risk manager. The planning department shall also recommend limitations or requirements, which would have to be imposed on subsequent development of the property, in order to comply with policies contained in the comprehensive plan. Under its present land use designation and zoning category, the property could be redeveloped for residential use at a density of 10.8 dwelling units/acre for a total of 34 units. The applicant is requesting an increase of 20 units and therefore falls below the density requiring risk management review; however, staff would recommend that all home-buyers in the development be made aware of the fact that they are buying property in a humcane evacuation zone. Policy 1.19.1 of the Land Use Element provides a definition of the Special High Density Residential land use classification, limits the use of the designation to the Coastal Area of the city and states that the maximum gross density is twenty (20) dwelling units per acre. Policy 1.13.3 states, "The City shall continue to encourage infill development and redevelopment by implementing actions of the Boynton Beach 20/20 Redevelopment Master Plan, and the policies contained in the Coastal Management Element." The adoption of the Infill Planned Unit Development (IPUD) regulations was a direct response to the cited policy directions as well as policy directions in the Federal Highway Corridor Community Redevelopment Plan. The introduction to the regulations states: "It is a basic pubHc expectation that landowners requesting the use of the [PUD district will develop design standards that exceed the standards of the basic Page 3 File Number: LUAR 02-005 The Harbors development standards in terms of site design, building architecture and construction materials, amenities and landscape design. The extent of variance or exception to basic design standards, including but not limited to requirements for parking spaces, parking lot and circulation design, and setbacks, will be dependent on how well the above stated planning expectations are expressed in the proposed development plan." While both the land use amendment and rezoning are consistent with policies contained in the Future Land Use Element of the Comprehensive Plan, the master/site plan for the proposed development, which must be adopted simultaneously with the zoning designation, lacks minimum design attributes necessary for consistency with the cited requirements of the IPUD regulations. Whether the proposed rezoning would be contrary to the established land use pattern, or would create an isolated district unrelated to adjacent and nearby districts, or would constitute a grant of special privilege to an individual property owner as contrasted with the protection of the public welfare. In this portion of the Federal Highway Corridor, there are a number of properties designated High Density Residential, interspersed with city owned lands designated for Recreational use. The requested amendment would not create an isolated or unrelated district. Rather, it is the existing Local Retail Commercial designation extending to the Intracoastal Waterway that forms an isolated and unrelated district. c. Whether changed or changing conditions make the proposed land use amendment?rezoning desirable. A number of changed and changing conditions make the proposed land use amendment and rezoning desirable. The Federal Highway Corridor Community Redevelopment Plan, adopted by the City Commission on May 15,2001, included the following strategy to provide a strong residential base that is aesthetically inviting: "Encourage a variety of housing. Develop intensity standards that allow for a variety of housing styles and types at intensities that will assist in supporting the downtown and general economic expansion." In response to this strategy, the city adopted amendments to the land development regulations, adding the Infill Planned Unit Development ([PUD) zoning district to allow a greater range of housing types to be developed on infill parcels, specifically along Federal Highway in the entrance districts. Residential densities for the IPUD zoning district can range fi.om 10.8 du/ac to '20 du/ac. The two entrance districts are defined by the redevelopment plan as the areas of the Federal Highway corridor from the north city limits to the Boynton (C-16) Canal, and from Woolbright Road to the south city limits. The I~UD zoning district regulations are relatively flexible in order to encourage developer creativity, including townhouse developments on small infill and redevelopment parcels. In addition, the South Florida housing market is experiencing a growing popularity of townhouse developments as a residential unit of choice, particularly in urban areas. Page 4 File Number: LUAR 02-005 The Harbors d. Whether the proposed use would be compatible with utility systems, roadways, and other public facilities. Comparisons of water and sewer demands, provided by the applicant, show that the proposed use of the property will potentially increase water demands by slightly more than 2,000 gallons per day, yet decrease wastewater usage by over 11,000 gallons per day (see Attachment "B"). The traffic generation statement, that accompanied the application, states that the vested uses on the site generate 1,815 daily trips, while the proposed use equates to 378 trips per day. With respect to solid waste, the Solid Waste Authority has stated, within a letter dated December ! 8,2001, that adequate capacity exists to accommodate the county's municipalities throughout the 1 O-year planning period. Lastly, drainage will also be reviewed in detail as part of the review of the site plan, and must satisfy all requirements of the city and local drainage permitting authorities. Whether the proposed land use amendment/rezoning would be compatible with the current and future use of adjacent and nearby properties, or would affect the property values of adjacent or nearby properties. The proposed land use amendmenffrezoning is compatible with the current and future use of adjacent properties. It is the existing use of the property and the array of commercial uses that could be placed on the site if it were redeveloped under the Local Retail Commercial designation, that create incompatibilities. f Whether the property is physically and economically developable under the existing zoning. The property was developed as a restaurant many years ago, and recently applied for a conditional use permit to operate as a nightclub. g. Whether the proposed land use amendment/rezoning is of a scale which is reasonably related to the needs of the neighborhood and the city as a whole. With proper development, the site could be an example of the type of redevelopment and infill project that will help to underpin the redevelopment efforts in the Federal Highway Corridor and also increase the variety of types and styles of housing to support general economic expansion. h. Whether there are adequate sites elsewhere in the city for the proposed use, in districts where such use is already allowed. There are very few residentially designated sites in the City that provide opportunities for small to . medium-sized developments of this type. CONCLUSIONS/RECOMMENDATIONS As indicated herein, the requested land use amendment and rezoning are consistent with the intent of the Comprehensive Plan; will not create additional impacts on infrastructure that have not been anticipated in the Comprehensive Plan; will be compatible with adjacent land uses and will contribute to the overall economic development of the City. In light of the fact, however, that even after numerous meetings and discussions with City staff, the applicant has failed to provide an adequate interpretation of the zoning regulations and has proposed a master/site plan that provides less than the basic amenities, mediocre building architecture, almost no landscape design and seeks only to crowd the site with more dwelling units than the site planner is capable of Page 5 File Number: LUAR 02-005 The Harbors placing on the site in a reasonable design, staff recommends that the subject request be denied. Should the Community Redevelopment Agency Board and the City Commission recommend approval, any recommended conditions of approval will be included as Exhibit "C". ATTACHMENTS Jg~SHRDATA\PlanningLSHARED\W~PROJECTS\Th¢ Harboi'~\LUAR 02-005~STAFF REPORT doc Location Map Attachment "A" :_ N_ E 25TH_ AVE :_ '; -: Z PUD SITE i O ST POTTEF RD -- - R3 LAKE WORTH ICWW 300 0 300 600 Feet N LAND DESIGN SOUTH i Land Planning Landscape Architecture Environmental ConsultQtion Attachment "B" 561-478-8.501 - FAX 561-478-5012 · C. on~r~.s5 8u,~r~.s~ Center - 1280 N. Congress Avenue' S~ife 215 · West Palm 8e~c,~ F~cr~ac 33-~q The Harbors Land Use Amendment, Rezoning, & Site Plan Approval Justification Statement Request The purpose of this Justification Statement is to request a Land Use Amendment, a Rezoning, and site plan approval for the subject property. The applicant is requesting to change the land use from Local Retail Commercial to Special High Density Residential and the zoning from Community Commercial (C3) to Infill Planned Unit Development (IPUD). On behalf of the Petitioner, Land Design South of Florida, Inc. is requesting a land use amendment, rezoning, and site plan approval of a 3.21-acre property with 54 upscale town homes. The subject property is generally located on the southeast corner of Federal Highway and Gateway Boulevard. Site Characteristics The 3.21-acre property currently has a Future Land Use designation of Local Retail Commercial and is located within the C3 (Community Commercial) Zoning District. As previously stated, the applicant is proposing to change the Future Land Use designation to Special High Density Residential and rezone the property to IPUD (Infill Planned Unit Development). The subject property is currently being used as a nightclub facility. There is an existing two-story 20,679 square foot building located on the eastern most portion of the site. The remaining portion of the site is used predominately for parking. In determining the impacts of the site we compared the maximum development potential at the existing land use and zoning to the maximum development potential at the proposed land use and zoning. We also accounted for what the applicant is actually proposing. There are several different uses surrounding the subject property. There are two (2) different uses which border the subject property to the north. Along the eastern section of the northern property line is the Las Palmas residential community. This property has a Future Land Use Designation of Low Density Residential (LDR) and is located within the RI AA zoning district. Along the western portion of the northern property line is a gas station. This property has a future land use designation of Local Retail Commercial and is located within the C3 zoning district. To the east of the subject property is the Intracoastal Waterway. To the south of the subject property is the proposed Boynton Beach City Park. This property has a future land use designation of Recreation and is located within the Recreation zoning district. To the west of the subject property is Federal Highway (94-foot Right-of-Way (ROW)) and the Florida East Coast (FEC) Railroad ROW (100-foot ROW). To the west of the FEC ROW are several residential properties. Due to the fact that there is over 194-feet of separation between the subject property and the properties to the west, the applicant did not consider the impacts of the proposed community on these properties. The Harbors Page 1 of 4 June 5, 2002 Proposed Impacts The subject property can currently be developed with either commercial or residential development. After the proposed land use amendment and rezoning the property will be allowed to be developed mainly as a residential use, with limited commercial use. The following table identifies the development scenarios under the existing land use and zoning as well as the proposed. Existing Land Use & Zoning Proposed Land Use & Zoning LRC/C3 SHDR/IPUD Maximum Development Potential 223,724 Sq. Ft. of Commercial 64 DU's & 34 DU's Proposed/Existing Development 20,679 Sq. Ft. of Commercial 54 DU's The existing zoning designation does not allow the development of fee simple townhomes. In order to develop the site the applicant has to rezone the property to the IPUD designation. The IPUD district is only allowed in the Special High Density Land Use designation. Therefore the applicant must also change the land use. With the new zoning and land use there is a limited amount of commercial that is allowed along Federal Highway. The applicant is not proposing commercial uses as a part of the proposed development. The timing and phasing of the proposed community is dependent on the approval of the rezoning, land use, and site plan. In order to determine a rough estimate of the development of the site, we will assume that the project will receive final approval in September 2002. Once final approval is obtained, the applicant will immediately begin the permitting process. The applicant will begin to clear and develop the property in March 2003. Development of the units will begin shortly after the clearing. Population, Water, & Sewer Comparisons The following table compares the demand for water and sewer based on the square footage allowed under the existing land use and zoning against the proposed land use and zoning. This demand was estimated using the standards adopted by the Palm Beach County Health Department when determining the potential impact of development. In order to determine the impact of the residential development we used the 2000 Census data of 2.26 persons per household. In addition, we used the 2001 LOS for the City of Boynton Beach. Infrastructure Information Water Provi(~er City of Boynton Beach Level of Service 200 gallons per capita per day Current Maximum Demand 22,372 gallons/day (3.21 ac X 43,560 sq. ft. X .40 Building coverage x 4 stories x .1) Proposed Maximum Demand 29,018 gallons/day (3.21 AC X 20 DU/AC X 2.26 PPH X 200) (62 DU's) Proposed Actual Demand (54 DU's) 24,408 gallons/day (54 X 2.26 PPH X 200) Proposed Change +2,036 gallons/day The Harbors Page 2 of 4 June 5, 2002 Wastewater Provider City of Boynton Beach Level of Service 90 gallons per capita per day Current Maximum Demand 22,372 gallons/day (3.21 AC X 43,560 SQ FT X .40 Building coverage x 4 stories x. 1 ) Proposed Maximum Demand (62 DU's) 13,058 gallons/day (3.21 AC X 20 DU/AC X 2.26 PPH X 90) Proposed Actual Demand (54 DU's) 10,983 gallons/day (54 X 2.26 PPH X 90) Change - 11,389 gallons/day Nuisances The existing land use of the subject property is Local Retail Commercial and the existing zoning distdct is Community Commercial (C3). The existing land use and zoning are not compatible with the residential nature of the area. To the north of the subject property are several different uses. Along the eastern portion of the northern property line are the Las Palmas Park and the Las Palmas Landing single-family residential community. These two communities have a land use designation of Low Density Residential (LDR) and are located within the RIAA (Single Family) zoning district. Along the western portion of the northern property line are commercial properties and a existing gas station. These properties have a future land use designation of Local Retail Commercial and are located within the C3 zoning district. To the east of the subject property is the Intracoastal Waterway. To the south of the subject property is a vacant property that has a Future Land Use designation of Recreational and is located within the Recreation (REC) zoning district. The property is proposed for a City of Boynton Beach Park. To the west of the subject property is Federal Highway (94-foot ROW) and the FEC railroad (100-foot ROW). The existing land use and zoning is not compatible with the surrounding residential nature of the area. Over the years the subject property has received numerous complaints from the surrounding residents due to loud music and the disruptive behavior of patrons to the nightclub and restaurant. Once the park to the south is completed, the existing use could potentially disrupt the activities occurring in the park. The applicant is proposing to change the land use of the subject property to Special High Density Residential. The applicant is also proposing to change the zoning designation to IPUD (Infill Planned Unit Development). The applicant is proposing to construct 54 upscale town homes on 3.21 acres. This results in a gross density of 16.82 dwelling units per acre. The proposed residential use is more consistent with the residential uses to the north and the proposed park use to the south. The proposed site plan submitted with this justification statement shows a 52-foot setback along the northern property line where the subject property abuts the existing residential. Approval of the proposed land use plan amendment and rezoning will eliminate the incompatibility of uses currently occurring in the area surrounding the subject property. The Harbors Page 3 of 4 June 5, 2002 Site Plan The site plan dated June 5, 2002 submitted with this justification statement shows a total of 54 three (3)-story town homes on a total of 3.21 acres. Each of the 54 town homes has a two-car garage. In addition the site plan shows a total of 13 additional parking spaces for guest parking. When designing the site plan the applicant relied upon the draft code language for the Infill Planned Unit Development (IPUD) zoning district. This zoning district applies to properties located within the Community Redevelopment Area (CRA) that are greater than one (1) acre in size and smaller than five (5) acres. The applicant is proposing a three (3)-story town home on the subject property. This structure will be less then the maximum height of 45-feet. The IPUD distdct also has maximum lot coverage of 50%. The proposed site plan has building lot coverage less than 50%. Along with the rezoning application, the applicant is proposing to change the land use designation to Special High Density Residential. This designation allows a maximum density of twenty (20) dwelling units per acre. The applicant is proposing a total of 54 dwelling units on 3.21 acre for a gross density of 16.82 units per acre. This is consistent with the proposed land use designation. The minimum open space requirements for properties within the IPUD zoning distdct are 100 square feet per dwelling unit. The proposed site plan submitted with this justification statement shows a total of 1.45 acres of open space. This equates to 1,169 square feet per dwelling unit. There are several different buffers proposed around the perimeter of the site. The applicant is proposing two different buffers along the northern portion of the subject property. Along the portion of the property that abuts Las Palmas the applicant is proposing a seven (7) foot buffer. Along the remaining portion of the northern property line the applicant is proposing a five (5) buffer. At the pre-application meeting the City Staff requested that the existing vegetation along the northern property line, adjacent to the single-family homes, remain in place. Therefore the applicant is only proposing the one (1) tree per thirty (30) feet. The existing hedge will be cut out and a tree will be placed in the vacant area. The applicant is not proposing a buffer along the eastern property line due to the fact that it is adjacent to the Intrecoastal Waterway. The applicant is proposing a five (5) foot buffer along the southern property line. There is also a buffer proposed for the future park to the south. The applicant is proposing a ten (10) foot buffer along Federal Highway. This will sufficiently buffer the future residents of the community, while increasing the amount of landscaping along Federal Highway. The proposed plan shows a large .20-acre recreation area on the eastern section of the property. This allows all of the residents of the proposed community to have access and to enjoy the Intracoastal. The recreation area will have a pool and cabana. It is the intent of the applicant to use the existing pool and "Tiki" bar structure located on the site. The property is structured so that most of the units front on a "paseo" area. This area will provide for guest entrance in to each of the units and create an intimate atmosphere between the units. In South Flodda today, we are use to seeing the garage as the predominate feature on the front of residential structures. The proposed homes have the garage in the back of the units. Each of the garages will be access via an 18-foot access way. Based upon the above and the attached information, the Petitioner respectfully request approval of this petition. N:\Project Files\38~389,53\The Harbors LUPA, Rezoning, & Site Plan Approval Just Stat.doc File: 389.53A, 53B The Harbors Page 4 of 4 June 5, 2002 Requested City Commission Meeting Dates [] August 6, 2002 [] August 20, 2002 [] September 3, 2002 [] September 17, 2002 VI.-PUBLIC HEARING ITEM B. CITY OF BOYNTON BEAC AGENDA ITEM REQUEST FOv, ,a Date Final Form Must be Turned in to City Clerk's Office July 17, 2002 (5:00 p.m.) August 5, 2002 (Noon) August 19, 2002 (Noon) September 3, 2002 (8:00 a.m.) Requested City Commission Meeting Dates [] October l, 2002 [] October 15, 2002 [] November 6, 2002 [] November 19, 2002 Date Final Form Must be Turned in to City Clerk's Office September 16, 2002 (Noon) September 30, 2002 (Noon) October 14, 2002 (Noon) November 5, 2002 (Noon) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Please maintain this request on September 17, 2002 City Commission Agenda under Public Hearing as tabled to October 15, 2002 meeting. This item has been advertised for the September 17, 2002 meeting and should be tabled to coincide with the revised schedule for processing of the corresponding site plan. EXPLANATION: PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: PROGRAM IMPACT: Merano Bay (LUAR 02-006) Carlos Ballbe, Woodside Land Development Corp. AutoZone, Inc. Southeast comer of Shore Drive and Federal Highway Request to reclassify the subject property from Local Retail Commercial to High Density Residential and to rezone from C-3 Community Commercial to IPUD In.fill Planned Unit Development. The applicant proposes to develop the property with twenty (20) fee- sLmple town homes and related site improvements. The site plan (NWSP 02-014) will be adopted as the master plan for the PUD. N/A FISC~,~L IMPACT: N/A ALTERNA~/ N/A ~Devel~pme~m ~r~ne~irector City Manager's Signature Plann~g and Zoning tDirector City Attomey/ Finance / Human Resources J:\SHRDATA~Planning~SHARED\WP~PROJECTSLMERANO BAY~LUAR'~Agenda Request 9172002.dot VII.-CONSENT AGENDA ITEM B.1 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Meeting Dates [] August 6, 2002 [] August 20, 2002 [] September 3. 2002 [] September 17.2002 Date Final Form Must be Turned in to City Clerk's Office July 17, 2002 (5:00 p.m.) August 5, 2002 (Noon) August 19, 2002 (Noon) September 3, 2002 (8:00 a.m.) Requested City Commission Meeting Dates [] October 1, 2002 [] October 15, 2002 [] November 6, 2002 [] November 19, 2002 Date Final Form Must be Tumed in to City Clerk's Office September 16, 2002 (Noon) September 30, 2002 (Noon) October 14, 2002 (Noon) November 5, 2002 (Noon) NATURE OF AGENDA ITEM [] Administrative [] Consent Agenda [] Public Hearing [] Bids [] Announcement [] City Manager's Report [] Development Plans [] New Business [] Legal [] Unfinished Business [] Presentation (AMENDED COVER SHEET 09/16/02) RECOMMENDATION: Motion to award the bid for "THE CONSTRUCTION OF INTRACOASTAL PARK", Bid#048-2413-02/CJD, to MCTEAGUE CONSTRUCTION COMPANY, INC. of Stuart, Florida in the amount of: $1,943,440.00. EXPLANATION: On May 23, 2002, Procurement Services received and opened sixteen (16) bids for the "CONSTRUCTION OF THE INTRACOASTAL PARK". After review of the sixteen (16) proposals, it has been determined that McTeague Construction Company, Inc. of Stuart, Florida, is the second lowest, most responsive, responsible bidder who met all specifications. The "Low" Bidder's references and performance checks were unfavorable, therefore, the Consultant as well as the user departments felt it would be in the best interest of the city to award the contract to the second lowest bidder. Bill DeBeck, Project Manager concurs with this recommendation (see attached memo #02-163). Subsequent to the bid award being tabled at the August 20, 2002 Commission meeting, City staff met with John DiPompeo, of DiPompeo Construction Corporation and his legal representation to listen to their concerns expressed regarding not being recommended for award as the low bidder. The meeting was held August 27, 2002 and included: Kurt Bressner, City Manager; David Tolces, Assistant City Attorney; Jeff Livergood, Director of Public Works; Bill Atkins, Deputy Director of Financial Services/Purchasing Agent; John DiPompeo, President, DiPompeo Construction Corporation, Inc.; Geoffrey Sluggett, Geoffrey B. Sluggett & Associates; and Bruce Alexander, Attorney, with Boose Casey Ciklin Lubitz Martens McBane & O'Connell. Within a few days of the meeting John DiPompeo provided a manual of information entitled "Documentation and References for the Construction of Boynton Beach Intracoastal Park Bid #048-2413-02/CJD". This manual contained project references, additional references provided to Engineering Department, letters of recommendation for DiPompeo Construction Company, prequalification letter from Broward County, appreciation letters from Palm Beach County for previous projects, etc. Based upon the information provided by John DiPompeo, the City Manager requested further review by the Engineering Department, and Wallace Roberts and Todd (WRT), the consulting engineering firm. A copy of the S:~BULLETINZFORMS~GENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM manual was provided to WRT which was reviewed in this process (See WRT memorandum dated September 11, 2002). The review was to focus on the two (2) lowest bidders for the project. The memorandums from Kevin Might, WRT, dated September ll, 2002 and September 12, 2002 are the direct result of the further review. In the memorandum dated September 11, 2002 WRT reviewed the manual provided by John DiPompeo and made slight modifications on their comments but WRT is still holding to recommendation for the second lowest bidder...McTeague Construction Company, Inc. The memorandum dated September 12, 2002 documents further research on the references for McTeague Construction Company, Inc. with all showing positive recommendations. In addition, McTeague Construction Company, Inc. submitted to WRT on September 10, 2002 an affidavit attesting to the fact that they have no outstanding litigation with any clients. Based upon the research provided by WRT, the Engineering Department concurs with recommending the second lowest bid...McTeague Construction Company, Inc. (See Bill DeBeck's memorandum dated September 16, 2002. PROGRAM IMPACT: The purpose of this bid is to obtain a firm price for the construction of Intracoastal Park which consists of a new eight (8) acre park with (3) picnic shelters, (1) picnic pavilion, restroom, playground, parking and streets, lake and landscaped grounds located at 2240 N. Federal Highway, Boynton Beach, Florida. FISCAL IMPACT: Funding for the construction of Intracoastal Park is as follows: FUND: ACCOUNT DESCRIPTION: ACCOUNT#: EXPENDITURE: GRANTS PARKS IMPROVEMENTS 105-3257-513-63-05 $1,392,096.00 CIP PARKS IMPROVEMENTS 302-4223-580-63-05 551,344.00 Total $1,942,430.00 Deputy Director of Financial Services City Manager's Signature Procurement Services Department Name City Attorney / Finance / Human Resources S:'~BULLETINLFORMSL~kGENDA ITEM REQUEST FORM.DOC TO: THRU: FROM: DEPARTMENT OF PUBLIC WORKS ENGINEERING DIVISION MEMORANDUM NO. 02-190 Bill Atkins, Deputy Director of Finance/Procurement Agent H. David Kelley, Jr., P.E./P.S.M, Utility/Civil Eng~nee~ Bill DeBeck, Project Manager~ DATE: September 16, 2002 RE: INTRACOASTAL PARK At the request of the City Manager, the consultant for this project, Wallace Roberts & Todd, LLC, has done further checks into the references and past performance of both DiPompeo Construction and McTeague Construction. They have also reviewed the documentation DiPompeo provided. Reference checks on McTeague Construction al..~l came back positive and McTeague Construction has submitted an affidavit attesting to no outstanding litigation with any clients. Please see the attached letters from WRT concerning their reference checks on each contractor. WRT continues to recommend the contract be awarded to the second lowest bidder, McTeague Construction as being the better choice for this project at this time. The Engineering Division has no reason to disagree with our Consultants recommendation and agrees the bid should be awarded to McTeague Consultant. WMD/ck Attachments Xc: James Cherof, City Attorney Jeff Livergood, Public Works Director RECEIVED SEP ] 6 2002 CITY MANAGER'S OFFICE J:\SHRDATA\Engineering\CSD\DeBeck\lntracoastal Park\city, Memo to B. Atkins. re-DiPompeo & McTeague.doc Memorandum To: Bill DeBeck CC: File City of Boynton Beach 100 E. Boynton Beach Blvd. Boynton Beach, FL 33425-0310 (561) 742-6486 (561) 742-6285 (Fax) Date: September 11, 2002 From: Kevin Might Ref. No. 012087 Project: Boynton Intracoastal Park Pages: 1 Re: Recommendation Regarding Low Bidder Since my letter to the City of Boynton Beach dated July 24,2002 regarding my follow-up of DiPompeo Construction's references, I have reviewed DiPompeo's document entitled "Documentation and References for the Construction of Boynton Beach Intracoastal Park Bid #048-2413-02/CJD." My conclusions are as follows: 1. DiPompeo Construction provided additional information and references in Section #3 to indicate that their relationship with the Broward County School Board remains positive. 2. In my July 24, 2002 letter I indicated that two recent projects performed by DiPompeo for Palm Beach County had not been completed on-time. One project was Fire Station #27, and the other was Seminole Palms Park. DiPompeo's August 30, 2002 memorandum indicates in Section #6 and Section #3 that Fire Station #27 was completed on-time. 3. In my July 24, 2002 memorandum, I indicated that a "majority" of parties contacted indicated personality clashes between Owners' representatives and DiPompeo. After review of DiPompeo's August 30 memorandum, I would revise that statement to indicate that a recurring comment from parties contacted was a tendency for a poor working relationship to develop between DiPompeo and Owner's representatives. Today I received a memorandum dated September 10, 2002 from Jim Mize, attorney for Palm Beach County, indicating that DiPompeo Construction has filed suit against Palm Beach County for claims arising out of the design and construction of the Seminole Palms pool project. The memorandum indicates that DiPompeo has also named the design professionals who were responsible for preparing the plans and specifications. DiPompeo's August 30, 2002 memorandum in Section #10 provides details surrounding the dispute where, he claims, he was delayed due to consultant errors and omissions and lack of timely responses to Requests for Information. I am able to conclude from the information available that a poor relationship exists between Palm Beach County and DiPompeo as reflected in the recent litigation and that this dispute tends to reinforce the "recurring comment" mentioned in item #3 above. Based on recent information received from the Contractor and the City of Boynton Beach, my recommendation regarding DiPompeo remains as stated in my July 24, 2002 memorandum to the City, and I would recommend pursuing the second-lowest bidder for award. RECEIVED iSEP 16 2002 31'17 MANAGER'S OFFICE C:~Documents and SettJngs~kinsb~LocaJ SetlJngs[Temporary Internet Files\OLK34~Conffactor Recommendation 9-11-02 ,~- Wallace Roberts & Todd, LLC 191 Giralda Avenue, Penthouse Coral Gables, FL 33134 305.448.0788 www.wrtdesign.com fax 305.443.8431 Memorandum Bill DeBeck Date: September 12, 2002 City of Boynton Beach From: Kevin Might 100 E. Boynton Beach Blvd. Ref. No. 012087 Boynton Beach, FL 33425-0310 Project: Boynton Intracoastal Park (561) 742-6486 Pages: 1 (561) 742-6285 (Fax) Re: Reference Checks for McTeague Construction CC: File To date, I have received the following information regarding McTeague Construction with regard to references, i.e. ability to complete projects on-time, quality of workmanship, ability to develop a good working relationship, organizational ability, and ability to complete projects under budget.: 1. City of Boynton Beach Reference Checks. All indicate a positive experience: a. Tom Wagner, Palm Beach County Capital Improvements. b. Frank Coles, Palm Beach County Capital Improvements. c. Mike Fichera, City of Boca Raton. d. Isaac Kovner, City of West Palm Beach. 2. From McTeagues List of references submitted to me on September 3, 2002, I have received positive verbal recommendations from the following: a. Thaddeus Cohen, Thaddeus Cohen Architect, September 9, 2002. b. Frank Kautz, Palm Beach County Capital Improvements, September 9, 2002. 3. From McTeagues List of references submitted to me on September 3, 2002, I have received positive written recommendations from the following: a. Steven Sarley, City of West Palm Beach Public Utilities Engineering Services, September 10, 2002. b. Thaddeus Cohen, Thaddeus Cohen Architect, September 10, 2002. 4. McTeague submitted to WRT, September 10, 2002, an Affadavit attesting to the fact that they have no outstanding litigation with any clients. 5. Positive verbal references were received during reference checks of other contractors during the month of July. They are as follows. a. Mike McPherson, Gee & Jensen. b. Crystal Kaufmann, Republic Construction (formerly an employee of Gee & Jensen). Based on the references received to date, and McTeague's bid of $1,943,400, a bid including alternates substantially below the budget price of $2.3 million, award of the Intracoastal Park bid to McTeague Construction appears to be appropriate. RECEIVED SEP 16 2002 C:~Do~urnents and SetlJngs\debeckb~Local SetlJngs\Temporar/Internet Files\OLl( C~Conffac~r Recorn~nenda~on 9-11-02.doc CITY MANAGER'S OFFICE Wallace Roberts & Todd, LLC 191 Giralda Avenue, Penthouse Coral Gables, FL 33134 305.448.0788 www.wrtdesig n.corn fax 305.443.8431 Requested City Commission Meeting Dates [] August 6, 2002 August 20, 2002 September 3, 2002 ~ September 17, 2002 VII.-CONSENT AGENDA ITEH B.1 CITY OF BOYNTON BEA ' . AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to City Clerk's Office July 17, 2002 (5:00 p.m.) August 5, 2002 (Noon) August 19, 2002 (Noon) September 3, 2002 (8:00 a.m.) Requested City Commission Meeting Dates [] October l, 2002 [] October 15, 2002 [] November 6, 2002 [] November 19, 2002 Date Final Form Must be Turned in to City Clerk's Office September 16, 2002 (Noon) September 30, 2002 (Noon) October 14, 2002 (Noon) November 5, 2002 (Noon) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Motion to award the bid for "THE CONSTRUCTION OF INTRACOASTAL PARK", Bid#048-2413-02/CJD, to MCTEAGUE CONSTRUCTION COMPANY, INC. of Stuart, Florida in the amount of: $1,943,440.00. EXPLANATION: On May 23, 2002, Procurement Services received and opened sixteen (16) bids for the "CONSTRUCTION OF THE INTRACOASTAL PARK". After review of the sixteen (16) proposals, it has been determined that McTeague Construction Company, Inc. of Stuart, Florida, is the second lowest, most responsive, responsible bidder who met all specifications. The "Low" Bidder's references and performance checks were unfavorable, therefore, the Consultant as well as the user departments felt it would be in the best interest of the city to award the contract to the second lowest bidder. Bill DeBeck, Project Manager concurs with this recommendation (see attached memo #02-163). PROGRAM IMPACT: The purpose of this bid is to obtain a firm price for the construction of Intracoastal Park which consists of a new eight (8) acre park with (3) picnic shelters, (1) picnic pavilion, restroom, playground, parking and streets, lake and landscaped grounds located at 2240 N. Federal Highway, Boynton Beach, Florida. FISCAL IMPACT: Funding for the construction of lntracoastal Park is as follows: FUND: ACCOUNT DESCRIPTION: GRANTS PARKS IMPROVEMENTS CIP PARKS IMPROVEMENTS Deputy Director of Financial Services Procurement Services Department Name S:~BULLETIN~ORMSL~GENDA ITEM REQUEST FORM.DOC ACCOUNT#: EXPENDITURE: 105-3257-513-63-05 $1,392,096.00 302-422~-~t~0-63~ 551,344.00 City l~lanager's Signature City Attorney/F~inance / Human ~]~ources 'i RESOLUTION NO. R 02- l S~ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING THE AWARD OF A BID (NO. 048-2413-02/CJD) TO MCTEAGUE CONSTRUCTION COMPANY, INC. OF STUART, FLORDA, IN THE AMOUNT OF $1,943,440 FOR THE CONSTRUCTION OF INTRACOASTAL PARK; AUTHORIZING THE MAYOR TO EXECUTE SAD CONTRACT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Procurement Services received and opened Bids for the Construction of Intracoastal Park, and it was determined that McTeague Construction Company, Inc. was the most responsive bidder who met and exceeded all specifications. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Commission of the City of Boynton Beach, Florida, approves the award of a bid to McTeague Construction Company, Inc. in the of $1,943,440.00 for the Construction of Intracoastal Park, and authorizes the to execute a Contract between the parties, a copy of which is attached hereto and a part hereof. Section 2. That this Resolution shall become effective immediately upon )assage. PASSED AND ADOPTED THIS __ day of September, 2002. CITY OF BOYNTON BEACH, FLORIDA Mawr Vice Mayor Commissioner Commissioner ATTEST: City Clerk Commissioner ;:Reso~Bid Award\Construction lntracoastal Park-McTeague DEPARTMENT OF PUBLIC WORKS ENGINEERING DIVISION MEMORANDUM NO. 02-163 TO: THRU: THRU: FROM: RE: Bill Atkins, Deputy Director of Finance / Procurement Agent Jeff Livergood, P.E., Director of Public Works H. David Kelley, Jr., P.E./P.L.S., City Enginee~ Bill DeBeck, Project Manager ~~ Intracoastal Park RECEIVED AUG 0 1 20O2 PROCURE,~ff2i"~'i ~ ~;~' v ~CES The Engineering Division has received a memorandum from its consultant, WRT, concerning references and performance checks on the low bidder for this project, DiPompeo Construction Corporation. I have conducted additional checks and the results and comments are in line with our Consultant's summary. The Engineering Division has no reason to disagree with our Consultant's recommendation to go with the second lowest bidder, McTeague Construction Company. This is a very large, highly visible project and the Engineering Division wants it to go well with as little conflict, delay, or problems as possible. Picking the right General Contractor for the job is most important. Based on WRT's recommendation, please proceed with award of the bid to McTeague Construction Company. BD&d xc: Clem Bucher, Contract Administrator S:\Engineermg'd)ostal\ENGINEERING\lntracoastal Park Bid Award Memo #02-162.doc Memorandum To: Bill DeBeck CC: City of Boynton Beach 100 E. Boynton Beach Blvd. Boynton Beach, FL 33425-0310 (561) 742-6486 (561) 742-6285 (Fax) Date: July 24, 2002 / From: Kevin Might Ref. No. 012087 Project: Boynton Intracoastal Park Pages: 1 Re: Recommendation Regarding Low Bidder I have contacted all references submitted by the apparent Iow bidder, DiPompeo Construction Corporation, on June 3, 2002; however I was not able to reach the reference listed for Camillus Health Concern, Inc. I have also received and reviewed the Reference Checks performed by the City of Boynton Beach. The following is a summary of comments regarding DiPompeo's workmanship and general client impressions of the contractor: 1. All parties indicated that workmanship appeared to be satisfactory. 2. A majority of contacts indicated personality clashes between the owner of DiPompeo, its employees, and Owner representatives. The contractor is characterized as unusually argumentative. 3. DiPompeo's record of on-time project delivery appears inconsistent. Palm Beach County representative indicated two recent projects substantially behind schedule and one in litigation for delays and resulting liquidated damages. 4. A recurring remark by contacts was a tendency by the contractor to make an unusual number of requests for information, change orders, and delay claims and to base them on unreasonable circumstances. The contractor overall is perceived as generating excessive paperwork. 5. The Broward County School Board, Palm Beach County Department of Capital Improvements, and Palm Beach County Parks Department offered the strongest negative references based on poor on-time completion and working relationship. Based on above comments from previous DiPompeo clients, it appears that awarding the Intracoastal Park construction contract to them would present the probability of encountering the same, unfortunate working relationship related by these former clients. If the City is in agreement, it is recommended that award of the construction contract to the second-lowest bidder, McTeague Construction Company, Inc., should be pursued. McTeague's bid of $1,943,440 including Alternates 1 and 2, along with DiPompeo's bid of $1,909,000 remains substantially below the project budget of $2,300,000. JUl JUL 2. 6 L Wallace Roberts & Todd, LLC ]*9]. Giralda Avenue, Penthouse Coral Gables, FL 33].34 305.448.0788 www.wrtdesign.c0m fax 305.443.843]. Z C~ 0 0 Z 0 0 0 00~ Z I-- (/9 Z 0 0 0 --03 (D O~w ~- ~ LU U.I W W ~n W UJ ~.-.'~ zZ d I- ol'U ~- ~o ,,, z-z · ~m ~'- z ~z z o - -~ ~ °~i m m E w , C3 :::) LU ,, <~ Z -- Z~ *~ w ~-~ _~0 O~ z n,'~ <~ 0 Z 0 0 00~ Z 0 00~ Z 0 00~ Z -I I- c> ~ o -{,,, IJJ I'-- 0 0 LLI Iii Z r~ ~.l i~ w z ~ z' w 0 ~ :~0 . o o ¢,3 W LIJ Z ,~ ::3 <~Z --I 0 {n ~0 (~ o~'~ o o o u o o ~v~ Z LI.I I-- >- W ~ Z (/) 0 :u_~: ~ 0 o 0 ~_ - w 0 o o ~- ~ o ,,,@ z - --~ (/) LIJE3 UJW I-- Za3 (/3 o3 :~ ;~ n Z 0 g g _ ~ o ~: 80 o oz oz ~ ~< ~3 ZUJ Zul > << <~o~ ~ o~' ,9o~ o <~ o~ Z o Z 0 0 0 00~ Z 0 0 0 00~ Z o 0 0 00~ Z 0 0 0 UJUJ 13..13. 00~ Z uJ I-.- =,o ,,,z , ~~ ~ >,,,~,,<,~ © _~ _ ,,,,"' o~ 0 0 0 0 0 0 0 0 ~=_~, z z z z z z z z W LLI ~ w I- w a3 [:3 n~ - 1::3 o~~'_w L~ ~ ~Z _~ -~<" ,,< $~ ~g < z _. o~ ~ oo o ,,, o ,,, "'~~ - ~, c ~ - n,~ ~ 0 BID TITLE: CONSTRIICTION OF INTRACOASTAI, PARK BID NL~BER: #048-24 l 3-02/CJD PROJECT NUMBER: CPO249 CITY OF BOYNTON BEACH, FLORIDA CONTRACT FOR CONSTRUCTION SERVICES THIS CONTRACT, made and entered into this 22xLday of A[ I'GI IRT; 20_02, by and between the CITY OF BOYNTON BEACH, a municipal corporation of Florida, hereinafter called the "CITY" or "OWNER" and MC TEAGIIF. CON~TRUCTION COMPANY, INC. a Florida Corporation (_X_) a Florida General Partnership ( ) a Florida Limited Partnership ( ) a Sole Proprietor ( ) Check One hereinafter called "CONTRACTOR". WITNESSETH The City has heretofore invited bids for a City construction project ("Project") identified by the bid title, bid number and project number listed above and commonly referred to as: CONSTRUCTION OF INTRACOASTAI~ PARK Bo Contractor, in compliance with the bidding requirements announced by the City, submitted a bid on the 22ad day of Ma.y., 2.OflZ for the total bid amount C. On the 2..flth day of August, 2t33.Z, the City Commission designated contractor as having submitted the bid that was most advantageous to the City and authorized the execution of this Agreement. D. The Parties agree that the Project is scheduled to be completed within 2.7.0_calendar days of the issuance of the Notice to Proceed, subject to CITY approved time extensions. There are penalties to the CONTRACTOR for the failure to meet such deadlines. NOW, THEREFORE, in consideration of these premises and the mutual conditions and covenants contained herein, the parties agree as follows: c-1 1. AGREEMENT 1.1. The Parties agree that: 1.1. I. The foregoing recitations contained in Paragraphs A-C are true and correct and incorporated herein by this reference. 1.1.2. The CITY does hire and employ the CONTRACTOR to provide construction services for completion of the Project. 1.l.3. The CONTRACTOR does accept this Contract and does agree to furnish the necessary labor, tools, equipment, materials and supplies, etc., and to complete the Project by performing all the work as set forth in the this Contract and the Contract Documents for the price and amounts set forth in Contractor's bid. 1.1.4. Contractor is an independent contractor as that term is set forth in the General Conditions for Construction (GC-2) 1.1.5. Unless otherwise provided, all time frames referenced in all Contract Documents shall be calendar days. 2. SCOPE OF SERVICES 2.1. The Project consists of those improvements described and set forth in the Contract Documents. 2.2. The Contract Documents are the compilation of the following individual documents: 2.2.1. 2.2.2. 2.2.3. 2.2.4. 2.2.5. 2.2.6. 2.2.7. 2.2.8. 2.2.9. Advertisement for Bids Instructions for Bidders Bid Proposal Bid Bond General Conditions for Construction (GC) - all references to "GC" shall be to section numbers Construction Contract Certificate of Insurance Public Construction Bond Letters of Credit 2.2.10. Technical Specifications 2.2.11. Contract Drawings and Plans 2.2.12. Addenda 2.2.13. Written directives or interpretations 2.2.14. Manufacturers warranties C-2 3. OBLIGATIONS OF CONTRACTOR 3.1. Contractor shall: 3.1.l. Furnish all materials, supplies, machines, equipment, tools, superintendents, labor, insurance, and other accessories and services necessary to complete said project in accordance with the conditions and prices as stated in the Contract Documents. 3.1.2. Perform all the work and labor pursuant to this contract and all of the materials furnished shall be in strict conformity with the Contract Documents. CONTRACTOR further accepts and consents to the conditions contained in said Contract Documents and expressly agrees to comply with every requirement and stipulation therein contained. 3.1.3. Furnish all tools, equipment, materials and supplies and to do all the work above mentioned in a first-class, substantial and workmanlike manner, and in conformity with the detail for said work on file in the office of the Project Manager and strictly in accordance with the Contract Documents. 3.1.4. Guarantee all work and materials for a period of one (1) year. Upon receipt of written notification from the CITY, CONTRACTOR shall correct any defective or faulty work or materials which may appear within one (l) year after completion of the Contract and receipt of final pa~vrnent. CONTRACTOR shall make the necessary corrections within ten ti 0) days of receipt of the written notice. Comply with the provisions of Section 255.05, Florida Statutes, if applicable. ?ay promptly, before final settlement, any and all claims or tiens by subcontractors or material suppliers, incurred in and about this work. Furnish release of liens forms from all subcontractors and suppliers of materials. Release of lien tbrms to be utilized shall be supplied by CITY. 3.1.6. 3.1.7. 3.1.8. 3.1.9. Remove and clean up all rubbish, debris, excess material, temporary structures, tools and equipment from streets, alleys, parkways and adjacent property that may have been used or worked on by the CONTRACTOR in connection with the project promptly as such section or portion is completed and ready for use, leaving the same in a neat and presentable condition. Observe and comply with the provisions of the charter, ordinances, codes and regulations of the City of Boynton Beach, Florida. Obtain written approval from the CITY of all subcontractors not disclosed in the Contractor's bid document. Perform such other tasks as set forth in the Contract Documents. C-3 3.1.10. Shall provide all required bonds, insurance certificates and any other required security for performance of the Project within ten (10) days of the Award of the Project. 3.2. The CONTRACTOR will be held responsible for the care, protection and condition of all work until final completion and acceptance thereofi and will be required to make good at his own cost any damage or injury occurring from any cause resulting from their acts or omissions or the acts or omissions of their subcontracts or suppliers. 4. CITY'S OBLIGATIONS 4.1. City shall provide a written notice to proceed not later than ten (10) days from the execution of this Contract. 4.2. Make timely payments for the work in accordance with the procedures and time frames set forth in the Contract Documents. 4.3. On satisfactory completion of the Project, provide a written final acceptance and payment for the entire project. 5. COMMENCEMENT OF WORK 5.1. 5.2. CONTRACTOR hereby agrees to commence work under this contract on or before a date to be specified in the written "Notice to Proceed" of the CITY and to fully complete the project within 270 calendar days following the commencement date as specified in same. Time is the essence of the contract. In the event the CONTRACTOR shall fail to timely commence the work following Notice to Proceed or fail in the performance of the work specified and required to be performed within the time limit set forth in the contract, after due allowance for any extension or extensions of time made in accordance with the Contract Documents, the CONTRACTOR shall be liable to the CITY, as liquidated damages and not as penalty, the amount stipulated in Section 6.0 herein below for each and every calendar day that the CONTRACTOR shall be in default of completion. 5.3. CONTRACTOR shall notify the Project Engineer in writing of any change in the names and addresses of each subcontractor proposed for principal parts of work, and any changes in subcontractors from those proposed in CONTRACTOR's bid proposal, and for such others as the Project Engineer may direct, and shall not employ any that CITY may, within a reasonable time, object to as incompetent or as unfit. C-4 6. LIQUIDATED DAMAGES 6.1. The CONTRACTOR further agrees to pay $250.00 per day as liquidated damages, for failure to begin within ten (10) days of CITY's issuance of the "Notice to Proceed" or failure to complete the work within 2_7_lLcalendar days from the commencement date as indicated in the written "Notice to Proceed". The CITY shall have the right to deduct said liquidated damages from any amount due, or that may become due the CONTRACTOR, or to collect such liquidated damages from the CONTRACTOR or his Surety. 7. PROTECTION OF EXISTING FACILITIES AND WORK IN PROGRESS 7. I. The CONTRACTOR warrants that quoted prices include the protection and continuous use of all existing work in process, property or operations of the CITY as more particularly set forth in the General Conditions for Construction (GC-44, GC-45, and GC-46). 8. INDEMNIFICATION 8.1. The CONTRACTOR shall indemnify and save harmless and defend the CITY, its agents, servants, and employees from and against any claim, demand, or cause of action of whatsoever kind or nature arising out of error, omission or negligent act of CONTRACTOR, its agents, servants, or employees in the performance of services under this Agreement. 8.2. 8.3. CONTRACTOR shall indemnify and save harmless and defend CITY, its agents, servants and employees from against any kind and all causes, claims, demands, actions, losses, liabilities, settlements, judgments, damages, costs, expenses, and fees (including without limitation reasonable attorney's and paralegal expenses at both the trial and appellate levels) of whatsoever kind or nature for damages to persons or property caused in whole or in part by any act, omission, or default of the CITY, its agents, servants or employees arising from this contract or its performance. The CONTRACTOR and the CITY hereby agree and covenant that the CONTRACTOR has incorporated in this original bid, which constitutes the Contract sum payable by the CITY to the CONTRACTOR, specific additional consideration in the amount of ten dollars ($10.00) sufficient to support this obligation of indemnification provided for in this paragraph. The indemnification required pursuant to the Contract shall in no event be less than $1 million per occurrence or no more than the limits of insurance required of the CONTRACTOR by the Contract, whichever is greater. It is the CITY'S and CONTRACTOR'S full intention that this provision shall be enforceable and said provision shall be in compliance with Section 725.06, Florida Statute. The execution of this Agreement by the CONTRACTOR shall obligate c-5 CONTRACTOR to comply with the foregoing indemnification provision, as well as the insurance provisions which are set forth in the General Conditions for Construction. However, the indemnification provision, and the insurance provision contained in the General Conditions for Construction are not interdependent of each other, but rather each one is separate and distinct from the other. 8.4. The obligation of the CONTRACTOR to indemnify the CITY is not subject to any offset, limitation or defense as a result of any insurance proceeds available to either the CITY or the CONTRACTOR. 9. PAYMENT BY CITY 9. I. The CITY agrees to pay the CONTRACTOR in current funds for the performance of the contract, subject to additions and deductions as provided in the Contract Documents. 10. CHANGES IN THE WORK 10.1. 10.2. The CITY, without invalidating the Contract, may order extra work or make changes by altering, adding to or deducting fi.om the work, the Contract sum being adjusted accordingly. All such work shall be executed under the conditions of the original Contract. Any claim for extension of time caused thereby shall be made in writing at the time such change is ordered. Changes in the work must be processed as set forth in the General Conditions for Construction (GC-57). All change orders and adjustments shall be in writing and approved by the Project Manager, otherwise, no claim for extras will be allowed. 10.3. Claim of payment for extra work shall be submitted by the CONTRACTOR upon certified statement supported by receipted bills. Such statements shall be submitted for the current contract payment for the month in which the work was done. No claim for extra work shall be allowed unless same was ordered, in writing, as aforesaid and the claim presented at the time of the first estimate after the work is completed. 11. PROJECT ENGINEER 11.1. 11.2. 11.3. The Project Engineer ("Engineer") is ~ The Project Engineer shall have general supervision and direction of the work. The Project Engineer is the agent of the CITY only to the extent provided in the Contract Documents and when in special instances he has the authority by CITY to act, and in such instances he shall, upon request, show CONTRACTOR such authority in writing. He has authority to stop the work whenever such stoppage may be necessary to insure the proper execution of the Contract. As the Project Engineer is, in the first instance, the interpreter of the conditions of C-6 the contract and the judge of its performance, he shall side neither with CITY nor with CONTRACTOR, but shall use his authority pursuant to the Contract to enforce its faithful performance by both parties. ~, 11.4. In the event of a dispute, the role of the Project Engineer is to make recommendations to the Project Manager who shall make the final decision. 12. INSURANCE 12.1. The Contractor shall obtain and maintain insurance as set forth in the General Conditions for Construction (GC-28). 13. CONTRACT CONTROLS 13.1. This Contract must be construed with all other Contract Documents, a master set of which shall be maintained by the City Clerk of the CITY. In the event of a dispute, only the master set of docUments, or copies thereof certified by the City Clerk, shall be used as evidence. 13.2. In the event of a conflict between the requirements or specifications set forth in the Contract DocUments, the conflict shall be resolved by written interpretation by the CITY, or its representatives as set forth in the General Conditions for Construction (GC-18). In reconciling conflicting provisions of the Contract Documents, the Contract shall have the greatest weight, followed by the General Conditions for Construction and finally by the balance of the Contract Document 14. TIME OF ESSENCE 14.1. Inasmuch as the provisions of the Contract DocUments relating to the times of performance and completion of the work are for the purpose of enabling the CITY to complete the construction of a public improvement in accordance with a predetermined program, all such time limits are of the essence of the Contract. 15. REMEDY FOR DELAY 15.1. 15.2. In the event of any delay in the project caused by any act or omission of the CITY, its agents or employees, by the act or omission of any other party other than the CONTRACTOR, his agents, employees or subcontractors, or delay caused by weather conditions or unavailability of materials, the sole remedy available to CONTRACTOR shall be by extension of the time allocated to complete the project. NO MONETARY DAMAGES SHALL BE CLAIMED OR AWARDED TO CONTRACTOR IN ASSOCIATION WITH ANY DELAY IN THE PROJECT CAUSED BY AN ACT OR OMISSION OF THE CITY, ITS AGENTS OR EMPLOYEES. CONTRACTOR ACKNOWLEDGES THIS LIMITATION ON RECOVERY AND ASSUMES ALL MONETARY RISK ASSOCIATED WITH THIS LIMITATION. c-7 CONTRACTOR hereby acknowledges that he has read and understands the above provision. INTIALS 15.3. Failure on the part of CONTRACTOR to timely process a request for an extension of time to complete the work shall constitute a waiver by CONTRACTOR and CONTRACTOR shall be held responsible for completing the work within the time allocated by this contract. 15.4. All requests for extension of time to complete the work shall be made in accordance with the General Conditions for Construction (GC 24) ! 5.5. For the purpose of this section, the phrase "the CITY, its agents and employees" shall include but shall not be limited to the Project Engineer and Project Manager. 16. DISPUTES 16.1. Disputes shall be resolved as set forth in the General Conditions for Construction (GC-19). 16.2 Upon resolution of a dispute by the Owner, either party may request the appointment of a mediator. C-8 IN WITNESS WHEREOF, the CITY has caused these presents to be signed by its Mayor, attest~e~d to by the City Clerk with the Corporate Seal of the .sai_'d ~j.T_Y__ a.nd_?~h.e__:__.~ CONTRACTOR has executed these presence the day and year herein before written. Signed, sealed and witnessed in the presence of: CITY OF BOYNTON BEACH, FLORIDA Attest: Mayor Approved as to Form: City Clerk City Attorney Signed, sealed and witnessed in the presence off MCTEAGUE CONSTRUCTION COMPANY, INC. President or Vice President State of Florida County of Palm Beach ) ) SS: ) Attest as to CONTRACTOR On this ~ day of ,20 , personally appeared before me, duly authorized to admimster oaths, known to be the persons described herein or who has produced as identification and who executed the foregoing instrument and has acknowledged before me that they have executed same. My Commission Expires: Notary Public C-9 Requested City Commission Meeting Dates [] August 6, 2002 [] August 20, 2002 [] September 3, 2002 [] September 17, 2002 VII.-CONSENT AGENDA ITEM B.2 CITY OF BOYNTON BEACI AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to City Clerk's Office July 17, 2002 (5:00 p.m.) August 5, 2002 (Noon) August 19, 2002 (Noon) September 3, 2002 8:00 a.m.) Requested City Commission Meeting Dates [] October 1, 2002 [] October 15, 2002 [] November 6, 2002 [] November 19, 2002 Date Final Form Must be Turned in to City Clerk's Office September 16, 2002 (Noon) September 30, 2002 (Noon) October 14, 2002 (Noon) November 5, 2002 (Noon) NATURE OF AGENDA ITEM Administrative Consent Agenda Public Hearing Bids Announcement City Manager's Report [] Development Plans [] New Business [] Legal [] Unfinished Business [] Presentation RECOMMENDATION: Motion to approve the "piggy-back" of the TOWN OF WALLINGFORD, CT. BID #01-103 for the PURCHASE OF A SEWER TELEVISING TRUCK from CUES, INC. in the amount of $111,050.00. EXPLANATION: The Utilities Department is requesting the purchase of a Sewer Televising Truck to replace Unit #148. The Utilities Department worked with Fleet Maintenance and two (2) options were developed. The two (2) options explored were: 1) replace the truck and keep the existing TV equipment; or 2) purchase a new complete TV truck. Replacement of Unit #148 will keep the fleet at two (2) TV trucks. The Vehicle Replacement Schedule for budget year 2001/2002 allocated $40,560 for the replacement of just the vehicle. Additional funding estimated at $38,900 would be required to retrofit the existing equipment to the new vehicle. Since the existing TV equipment is old, and the warranties have expired, staff recommends purchasing a new TV vehicle. Funding adjustments for the additional costs of the new TV vehicle are described in Fiscal Impact below. PROGRAM IMPACT: The Utilities system has grown and demand for TV inspection of existing wastewater lines and wastewater development projects has increased. Also, Stormwater will be using the TV vehicle to televise/inspect large diameter pipe, and next year this vehicle will work in conjunction with a camera transporter. FISCAL IMPACT: Funding will be provided as follows in the Fiscal Year 2001/2002 budget: Description Replace Unit #148 Replace Unit #8049 Replace Unit #8051 New Vehicle Account Number 401-2815-536-91-30 401-2815-536-91-30 401-2815-536-91-30 401-2824-536-91-30 Total Amount $ 40,560.00 30,000.00 18,610.00 23~212.00 $112,382.00 (not replacing) (not replacing) (not purchasing) S:XBULLETIN~FORMSL&GENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Deputy Director of Financial Services City Manager's Signature Procurement Services Department Name City Attorney / Finance / Human Resources SSBULLETIN~ORMSXAGENDA ITEM REQUEST FORM.DOC Conbo¥, Barb From: Sent: 'O: ,.;c: Subject: Livergood, Jeffrey Tuesday, July 30, 2002 9:05 AM Conboy, Barb Lee, Robert Unit 148 Barb, I have reviewed Utility Department correspondence related to the replacement of Unit #148, a sewer televising truck. I agree strongly that you should pursue the replacement of the televising electronics at the same time as the cab and chassis are replaced. You have identified funding sources and, in fact, have been able to reduce costs in the fleet plan in the future. There is no negative impact to the current year fleet funds. Jeff Jeffrey R. Livergood, P. E. Director of Public Works City of Boynton Beach, FL 5~30~02 Ref: New Equipment vs. used vl Tony Lombardi Boynton Beach, City of 124 E. Woolbright Rd. Boynton Beach, FL 33435 561-742-6421 via E- Mail Lombardit@ci. Boynton-Beach.fl.us Dear Tony: Per our conversation on a new TV unit purchase vs. upgrading your existing TV system, there are several factors to consider. I have attached a simple bullet point page that covers the major areas. Please do not hesitate to call me if you need additional information. 1-800-327-7791 ext 240 (office), 1-800-327-7791 ext 439 (voice mail 24hfs) 1-800-509-3741 (Pager) please include your area code Sincerely, Dennis Parker Florida Sales Manager cc Customer File Major points on new vs. retrofitting older TV equipment 1. Warranty On a new purchase the warranty covers all the components and 3'" party products (i.e. VCR, Monitors, etc.) are covered by the 3r" party vendors. On a retrofit of an existing component like the TV reel, the warranty covers only the item that has been upgraded. For example, if a new TV cable was installed on the old TV reel, the cable would be covered under warranty, but not the existing TV reel. This would be the case on all existing items. 2. New Technology The video technology has changed dramatically in the past few years with new LED lighting on cameras, better video chips in the cameras, new lightheads, etc. Footage and Data systems now offer full time digital video capture that was not available just two years ago. Recording and writing to CD and/or DVD's is now available. New design of camera transporter allows inspection in 8'-48' pipe diameters in both sanitary and storm lines. Lighter weight and stronger TV cables allow further inspections when used with camera transporters. 3. Interior and truck items: The current interiors in the TV units have new lighting and layout design. Improved ventilation and rack design for rack mounted computers. Cabinet design changes allow better storage of items during transit. Water wash down systems have changed to a higher capacity and different tank design. New truck chassis have higher GVVVR ratings to allow greater load capacity for safety equipment, tools, and additional items. 4. 100% Full Circle Compatibility CUES new cameras, lightheads, Power Control Units, Footage Systems are 100% compatible with your existing equipment without modifications. This allows older equipment to operate on newer TV systems and newer equipment to operate on older systems giving your full circle compatibility. April 30, 2002 Ref: Piggyback offer on TV Unit v2 Tony Lombardi Boynton Beach, City of 124 E. Woolbright Rd. Boynton Beach, FL 33435 561-742-6421 via FedEx CLJE5 Dear Tony, Per our conversation on the recent City of Wailingford, CT bid that was awarded to CUES. CUES bid price was $127,950.00 per the attached bid. CUES will honor a piggyback purchase of the TV unit for 90 days from the date of this letter. Please note, the "Base" bid did not include the Pan and Tilt camera or transporter. These were listed as options in their bid and were purchased. Base Bid per attached component list Option One PT Camera Option Two Wheeled Transporter Total bid package Deduct Trade-in of Boynton TV Seal Unit Chew 3500 gas truck w/16' Box Boynton Beach total $107,850.00 +$11,400.00 +$8,700.00 $127,950.00 -$14.ooo.oo $113,950.00 -$2.900.00' $111,050.00 *Note: CUES will offer the Chew 3500 Cab, chassis and a 16' dry freight box in lieu of the 16' Step Van if that better suits your needs. Please do not hesitate to call me if you need additional information. 1-800-327-7791 ext 240 (office), 1-800-327-7791 ext 439 (voice mail 24hrs) 1-800-509-3741 (Pager) please include your area code Sincerely, Dennis Parker Florida Sales Manager cc Customer File Specifications for: City of Wallingford, CT. Equipment to be Supplied: Step Van Multi Conductor TV Inspection System Component List: TV STEP VAN 16' GAS COMPONENT LIST TV Step Van Gas (16,000 GVW) w/Automatic Transmission and 16' (Minimum) Loadspace I Cab A/C I AM/FM Radio TV Step 2 2 1 1 1 l Van Equipment to include: Amber Electronic Strobe Warning Beacons Roof Mount Adjustable Floodlights Rear of Vehicle Area Illumination Standard Drivers Seat with Seatbelt and Sunvisor Standard Passenger Seat with Seatbelt and Sunvisor 12 Volt Light, Cab Area Back-Up Alarm TV Step Van Power Package to include: i 6.0 kW 120 Volt 60 HZ Commercial Grade Generator. Gasoline Powered with Electric Start I Generator Remote Start/Stop Cable Assembly I Generator Storage Compartment with a Lockable External Access Door I Generator Slide Out Rail Assembly for External Sen'icing 1 Commercial Power Supply Receptacle. 25' Cord and Plug 1 Electric Supply Center with Circuit Breaker Box. Commercial Power and Generator Power Connectors System Engineering Panel, Power Distribution System Rack Mount to include: 1 Voltage Readout, Power Supply I Hertz Readout, Power Supply for 60I-Iz 1 Generator Hour Readout I Remote Generator Start/Stop Control Switch TV Step 1 1 1 1 1 Van Control Room Interior to Include: 13,500 Air Conditioner Roof Mount with 5600 BTU Heat Strip Lonseal Lonplate Flooring Laminated Surface Wall Covering on Plywood Wall Surface Embossed Aluminum Ceiling Covering Bulkhead Wall with Plexiglas Window and Passage Door from Control Room to Equipment Room with Plexiglas Viewing Window Built in Contoured Control Console w/Rack Mounts for Electronic Equipment, Desktop and Under Storage Cabinet 110 Volt Fluorescent Light Fixture Fire Extinguisher I0 BC Rating W/Bracket Operators Chair, permanently mounted, Pedestal Base Swivel Closet/Cabinet 16" W x 14" D x 71" H Padded Bench Seat with Underneath Storage TV Step Van Equipment Room Interior to Include: I Extruded, Non-Skid Aluminum Floor I Smooth Aluminum Covered Walls and Rear Doors 1 Embossed Aluminum Ceiling I Insulated Tapered Roof I Electrical Outlet Dual Receptacle, GFI I Downhole Pole Mounting Bracket Assembly I Plywood Work Top with Storage Cabinet, Stainless Steel Sink and Upper Storage Cabinet I First Aid Kit I Eyewash Station I 3 ~" Workbench Mounted Vise I Rear Access Electronics Service Access Door with Dust / Air Filter 1 110-Volt Fluorescent Light Fixture Mounted Above Workbench I 110-Volt Fluorescent Light Fixture Mounted Above Rear Access Electronics Service Door 30 Gallon Wash Down System with 12 Volt Water Pump 12 Volt Dome Light 9" Rear Monitor Roof Mounted Retractable Water Hose/Reel 1 1 1 1 Color TV Power Control Unit-Multi Conductor Rack Mount, NTSC Color Standard to include: I TV Camera Remote Optical Focus Control I TV Camera Automatic Iris Remote Control I TV Camera Lighthead Intensity Control w/Meter I Camera Test Cable Assembly 16" Color Industrial TV Monitor, 450(min.) Line Resolution, NTSC Color Standard, Built- in Speaker S-VHS Video Cassette Recording System to include: Rack Mount for VCR Removable Video/Audio Tape Recorder. Industrial Cassette, Black and White or NTSC Color Standard, VHS/S-VHS Format - Front Load Audio Recording Microphone 2-Hour 1/2" Recording Tape Cassette Cable Assembly - VCR to Monitor Pipeline l 1 1 Data Collection & Real Time Video Capture System, Rack Mount, to include: Soundblaster Live, PCI Sound Card Genuine Intel Pentium ITI 1GHZ CPU 256 MB (Megabytes) of SDRAM (Synchronous Dynamic Random Access Memory) DIMM, 10ns (nanoseconds) Speed PCI Video Capture Board with MPEGI Video Capture & Hardware Compression AGP 64 Mb Geforce 2 Video Card 36GB 7,200 RPM Ultral60 SCSI Hard Drive 36GB 7,200 RPM Ultral60 SCSI Hard Drive Hot-Swappable A/V Removable Hard Drive 16x 10x 40x CDRW Drive ATX 350 Watts Power Supply 19" Rack Mountable Video Character Generator & Titler 3 V: inch 1.44 MB High Density FDD (Floppy Disk Drive) Industrial Hardened Case with Air Filtering, Vibration Dampening Hard Drive Mounts, Peripheral Cards Support Bar, 19" Rack 101 Key Enhanced Heavy Duty Keyboard Optical PS/2 Mouse SVGA Multimedia Monitor w/Speakers 17" Adaptec SCSI Controller Desk top Color Ink Jet Printer, 600x300 dpi, 512K DataCap Version 4.0 Software Read/Write/Sort Viewing Software DVD-Ram Drive System Combination TV Transmission & Tow Cable Assembly to include: 1 i000' Gold-Multi Conductor Kevlar Fiber Armored Cable..437" Diameter. 2000 lb. rating 1 Kevlar Armored Cable Terminal Connector I Y Eliminator Cable 1 Dummy Protector Plug I Cable Strain Relief Electric Motor 1 1 1 1 1 1 Drive Television Cable Reel to include: Power Level Wind & Multi-Ratio Manual Transmission Footage Meter with Local LCD and Remote Electronic Counter Transmission Control at Viewing Station Local Reel Mount Electrical & Mechanical Control Sealed Continuous Contact Collector Assembly Controller Cable Reel/Power Winch Motor Self-Propelled Camera Transporter Controller 1 Pan & Tilt Camera Controller Cable Manhole Guide System to include: 2 6 2 1 l TV Invert Pulley Assemblies Quick Coupling Extension Poles Manhole Adapter Hooks Manhole Top Roller Assembly Equipment Retrieval Tool TV Inspection Accessories Package to include: TV Maintenance Tool Kit Manual Operation, Instruction and Maintenance TV Manual Spare Parts. TV Video Training Tape, TV Systems Operating Procedures Video Training Tape, System Trouble Shooting Procedures Video Training Tape, TV Cable Repair Procedures Days Onsite Training Delivery 'OF Department of Finance Bureau of Purchases 45 South Main Street Wallingford. Connecticut 06492 Telephone (203) 294-2I 15 Fax (203) 294-2073 Monday, March 11. 2002 David Doolittle Cues 3600 Rio Vista Ave. Orlando, ~,. 32805 Your company has been awarded Public Bid No. 01-103 for Televising System for Sanitary Sewers. In compliance with the bid specifications please forward to us as soon as possible an insurance certificate as per the bid documents naming the Town of Wallingford as an additional insured (in the '-~escnption of Operations section), with a 30 day notice of cancellation. In addition, please reference .,e Public Bid number on the insurance certificate. The Town intends to issue a purchase order as soon as the insurance certificate has been received and funding is approved. Sincerely, Sal Amadeo Purchasing TOWN OF WALLINGFC BUREAU OF PURCHASES WALLINGFORD TOWN HALL 45 SOUTH MAIN STREET WALLINGFORD, CT 06492 TELEPHONE: (203) 294-2115 OAT~arch 18, 2002 Elxsi dba Cues 3600 Rio Vista Avenue Orlando, FL 32805 PURCHASE OHDEP __1 /_ JIS PURCHASE ORDER NUMBER 'Must IAPPEAR ONAM. INVOICES, PACKAGESAN~ OMMUNICATIONS .... · ..~.: ~/-~ .../- .....-. · ~' , .- Sewer Division Dept. of Public Utilities 155 John St Wallingford, CT 06492 DATEREQUIRED IREQUI$1TIONNO. 60-90 days ARO 931202 YOUR QUOTATION Public Bid No. 01-103 I TERMS OF PAYMENT 1%-10, 'Net 30 THIS ORDER EXEMPT FROM FEDERAL EXCISE AND CONNECllCUT SALES AND lip WA USE TAX UNDER SECT1ON 12-412 (a) OF F. 0. B. De s t ina t ion CONNEClqCUT GENERAL STATUTES. DESCRIPTION UNIT PRICE AMOUNT ng system for sanitary sewers n Public Bid No. 01-103 Base Bid $107,830,( Less Trade-in -28,000.( )PTION 1 11,400.( )PTION 2 8,700.( ~'OTAL COST NOT TO EXCEED $ 99,950. f I~ ,,Ak . .~ ACCOUNT 3=9012- 2-0414-02 QUANTrTY Provide one televis' Per specifications 1 )INVOICE MUST BE SUBMrTTED IN TRIPLICATEAND MAILED TO THE ABOVE ADDRESS. 2) REFER ALL QUESlNONS REGARDING THIS ORDER TO THE DEPT. OF FINANCE-PURCHASING. 3) UNLESSALL TERMSAND CONDmONSAPPEARING O,N THE FACEAND REVERSE OF THIS ORDERARE COMPUED WITH PAYMENT MAY BE WITHHELD. 4) ALL SHIPMENTS EO.B. DES11NA3qON. BY TOWN OF WALLINGFORD TOWN OF W L GFORD Department of Finance Bureau of Purchases 45 South Mare S~eet Wallin~ord, Connecticut 06492 Telephone (203) 294-2115 BID NO. I DATE OF BID OPENING 01-1 031 February 26, 2002 TIMEOF BID OPENING 2:00 P.M., Prevailing Local Time BID ITEM Televising System for Sanitary Sewers INSURANCE REQUIREMENTS Liability See General Terms & Conditions AMOUNT OF SlD SURETY j PERFORMANCE SOND None J None CONTACT PERSON James Kirkland, Supt. of Sewer Div. CONTRACT PERIOD OR DATE DELIVERY REQUIRED AS Soon As Possible - Please Specify PHONE [1] 209-949-2677 DEPT. Sewer Div., Dept. of Public Utilities, 155 John St., Wallingford, CT 06492 INVITATION TO BID Pursuant to the provisions of Section 4, Chapter VII of the Charter of the Town of Wallingford, Connecticut, sealed proposals will be received by the Purchasing Agent for the Town of Wallingford in Room 206, Town Hall, 45 South Main Street, Watlingford, Connecticut, for furnishing the commodities and/or services herein listed to town agencies. AFFIRMATION OF BIDDER The undersigned bidder affirms and declares: l) That this contract proposal is executed and signed by said bidder with full knowledge and acceptance of the provisions of the General terms & Conditions, Bid Specifications and Bid Proposal which are made a part of the contract. That should any part of this proposal be accepted in writing by the Purchasing Agent within sixty (60) calendar days from the date of bid opening, said bidder will furnish and deliver the commodities and/or services for which this proposal is made, in the quantities and at the pdces bid, and in compliance with the Specifications. 3) That this proposal is covered by surety in. the following form as checked. (See Amount of Bid Surety above if required) [] Proposal Bond [] Cashiers Check [] Certified Check Enclosed in the amount of $ PROPOSAL: The undersigned, accepting the conditions set forth herein, hereby agrees in strict accordance therewith, to furnish and deliver the commodities and/or services to the town agency or agencies named at the prices bid herein. Type of Business Company Name Businc~ Addr~$ [] Proprietorship Signature of Per,on Authorized to Sign This Bid jr-] Pannership [] Sub Chapter S Corp. Doing Bu~ncs~ ~ ('rradg Namg) Date j ~[/Corporation Print Name of Sig~r l~oae Fax ¢.0- .327. ~:urther information and references on any individual or company ,lacing a bid may be required by the Town of Wallingford prior ,o the awarding of a bid. This Form Must Be Signed & Returned Public Bid 0'~ -103 BID PROPOSAL The undersigned ,doing business in the City/Town of · -,--submits herewith, in conformity with the general terms and conditions and specifications for the above mentioned public bid, the following proposal for: Tel¢¥ising System for Sewers Base Bid: Total Cost Delivered & Installed per Specifications Less Optional Trade-in Net Cost s /or//~J-~.~ $ (-) Optional Equipment Packages: $/!, Voo, days after receipt of order. Warranty period I TERMS: { Cash Discount [ % /'0 Days Company Nam~ Addr~s ~ Name (Print) Titl~ Sigu Net Cash ~ Days. R~i,nt Of Addenda Is Acknowled.~ed (If Applicable): No. Date t No. Date Page 3 VII.-CONSENT AGENDA ITEM B.3 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Requested City Commission Meeting Dates Date Final Form Must be Turned in to City Clerk's Office [] August 6, 2002 July 17, 2002 (5:00 p.m.) [] October 1,2002 September 16, 2002 (Noon) [] August 20, 2002 August 5, 2002 (Noon) [] October 15, 2002 September 30, 2002 (Noon) [] September 3, 2002 Augustt9,2002(Noon) [] November 6, 2002 October 14, 2002 (Noon) [] September l7,2002 NATURE OF AGENDA ITEM September 3, 2002 (8:00 a.m.) [] November 19, 2002 November 5, 2002 (Noon) [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Motion to award Areas 'B' through 'J', Bid #072-2511-02/KR, "TWO-YEAR CONTRACT FOR CUSTODIAL SERVICES FOR CITY FACILITIES" to Cleaning Systems, Inc. for an estimated annual expenditure of $183,362.00 - AND - Motion to award Area 'A' to City Custodial Staff. CONTRACT PERIOD: OCTOBER 1, 2002 to SEPTEMBER 30, 2004 EXPLANATION: On August 20, 2002 Procurement Services received and tabulation eleven (11) proposals. Max Cleaning Services, Inc. was the lowest bidder; however, they were not able to provide a bond and a check of references proved to be unfavorable. Cleaning Systems, Inc. was the next lowest bidder, has provided a bid bond, has favorable references, and meets all other specifications outlined in the bid document. We recommend Cleaning Systems, Inc. of Sunrise, Florida, be awarded Areas 'B' through 'J' which includes all buildings and park complexes with the exception of the City Hall complex. (A schedule of area locations is attached) In an effort to take advantage of the bids received and provide quality service while saving the City money, it was decided to reorganize the existing custodial staff. As a result, Area 'A', which includes City Hall, East Wing, West Wing, Police Department and Fire Administration will be cleaned utilizing in-house staff. Jeffrey Livergood, Public Works Director, Christine Roberts, Assistant Public Works Director, and Richard Fiege, Facilities Management Supervisor concur with this recommendation (Public Works Memo #02-112 is attached). PROGRAM IMPACT: The intent of this bid is to obtain firm pricing for a two-year period for contractual custodial services for the City of Boynton Beach's facilities. The provisions of this bid award will allow for two (2) additional one (1) year renewals subject to vendor acceptance, satisfactory performance and determination that the renewal is in the best interest of the City. FISCAL IMPACT: This bid award will exceed the budgeted line item amount for Contractual Services by approximately $54,000. The increased contractual costs will be funded by cost reductions in the following areas: 1. Transfer three (3) staff members to Parks' positions and eliminate these three (3) positions in Facilities. The total cost for these three (3) employees is $91,917, including benefits. 2. Elimination of three (3) cargo vans and one (1) pickup. Annual savings in pre-funding and maintenance are $16,344 (this does not include proceeds from the sale of these vehicles). S:\BULLETIN~FORMSX~AGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Funds for this award are available in the Facilities Management Division as follows: ACCOUNT NUMBER/NAME CONTRACTUAL SERVICES 001-2511-519-34-10 EST. ANNUAL EXPENDITURE $183,362.00 DEPARTMENTAL OBJECTIVE: By making this joint award, no existing City employee will lose their job and a cost savings of nearly $50,000 in FY Budget 2002/03 will be provided. The Public Works Department plans to increase contractual custodial costs in the future without affecting existing employees in an effort to provide quality services at reduced costs to the taxpayer. Deputy Director of Financial Services Procurement Services Department Name ~C i~~gnature ty At~ll[~'~y / Finan-c~-/Human Resources cc: Jeffrey Livergood, Public Works Director Chris Roberts, Assistant Public Works Director Rich Fiege, Facilities Management Supervisor File S:\BULLETIN~FORMSXAGENDA ITEM REQUEST FORM.DOC RESOLUTION NO. R 02- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING THE AWARD AREAS "B" THROUGH "J" OF BID NO. 072-2511-02/KR), TWO YEAR CONTRACT FOR CUSTODIAL SERVICES FOR CITY FACILITIES" TO CLEANING SYSTEMS, INC., FOR AN ESTIMATED ANNUAL EXPENDITURE OF $183,362.00 AND AWARDING AREA "A' TO CITY CUSTODIAL STAFF; AUTHORIZING THE MAYOR TO EXECUTE SAID CONTRACT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on August 20, 2002, Procurement Services received and tabulated eleven (11) proposals, and it was determined' that areas "B" through "J" be awarded to Cleaning Systems, Inc., for an estimated annual expenditure of $183,362, and Area "A" to City custodial staff; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Commission of the City of Boynton Beach, Florida, hereby approves the award of areas "B" through "J" to, Cleaning Systems, Inc., for an estimated annual expenditure of $183,362, and Area "A" to City custodial staff, and authorizes the Mayor to execute a Contract between the parties, a copy of which is attached hereto. Section 2. That this Resolution shall become effective immediately. S:\CA\RESO~Agreements\Bid Awards\Bid Award -Cleaning Systems.doc PASSED AND ADOPTED THIS ~ day of September, 2002. CITY OF BOYNTON BEACH, FLORIDA Mawr Vice Mayor Commissioner Commissioner A-UfEST: Commissioner Cit~ Clerk ;:\CA\RESO~.~greements\Bid Awards\Bid Award -Cleaning Systems.doc PUBLIC WORKS DEPARTMENT MEMORANDUM #02-112 TO: THRU: FROM: SUB J: DATE: Bill Atkins, Deputy Director of Financial Services Jeffrey Livergood, Public Works Director AR ~ Christine Roberts, Assistant Public Works Director Richard Fiege, Facilities Management Supervisor Custodial Services Bid//072-2511-02/KR August 28, 2002 Staff has reviewed the bids for custodial services and recommends that the bid be awarded to Cleaning Systems Inc. (CSI) of Sunrise Florida for areas B thru J as defined in the bid specifications for an annual amount of $183,362. These areas included all buildings and parks complexes with the exception of the City Hall complex. Alter reviewing the bids it has been decided to reorganize the existing custodial staff in an effort to take advantage of very favorable bids that will save the City money and still provide the quality service for the City. As a result "Area A" which includes City Hall, East Wing, West Wing, Police Department and Fire Administration will be cleaned utilizing in-house staff. Max Cleaning Services, Inc. was initially the lowest bid for areas A thru J, however they did not provide a 5% bid bond, and upon checking references they were found to be unfavorable. The next lowest bidder is Cleaning Systems Inc. (CSI), they have provided a bid bond and the references checked were found to be favorable. Based on review of the qualifications we feel CSI is the best responsible bidder. Funding for the annual cleaning contract is from the Facilities Management Division account #001-2511-519-34-10. Furthermore, we recognize that this bid award in the amount of $183,362 will exceed our budgeted line item amount for contractual services by slightly over $54,000. The increased contractual costs will be funded by cost reductions in the following areas. 1. Transfer 3 staff to vacant Parks positions and eliminate these 3 positions in Facilities. Regular Salaries = $71,000 FICA = $5,440 Gen. Pension = $2,100 Disability Insurance = $410 Health Insurance = $12,123 Dental Insurance = $854 Total Personnel Cost = $91,927 Page Two 2. Equipment Savings Eliminate three cargo vans and 1 pickup. Annual savings in pre-funding and maintenance = $16,344 (Note: this does not include the proceeds from the sale of the vehicles) It should be noted that no existing City employees will lose their jobs and that this will provide a cost savings of nearly $50,000 in next year's budget. We plan to work towards increasing contractual custodial costs in the future without affecting existing employees in an effort to provide quality services at further reduced costs to the taxpayer. If you have any questions or need further information please give me a call. SERVICE AGREEMENT FOR TWO-YEAR CONTRACT FOR CUSTODIAL SERVICES FOR CITY FACILITIES THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to as "the City", and CLEANING SYSTEMS, INC., hereinafter referred to as "the Contractor", in consideration of the mutual benefits, terms, and conditions hereinafter specified. PROJECT DESIGNATION. The Contractor is retained by the City to perform custodial services in connection with the bid designated TWO-YEAR CONTRACT FOR CUSTODIAL SERVICES FOR CITY FACILITIES, Bid #072-2510-02/KR. 2. SCOPE OF SERVICES. Contractor agrees to perform the services, identified on Exhibit "A" attached hereto, including the provision of all labor, materials, equipment and supplies. o TIME FOR PERFORMANCE. Work under this contract shall commence upon the giving of written notice by the City to the Contractor to proceed. Contractor shall perform all services and provide all work product required pursuant to this agreement by September 30, 2004 from the date written notice is given to proceed, unless an extension of such time is granted in writing by the City. 4. PAYMENT. The Contractor shall be paid by the City for completed work and for services rendered under this agreement as follows: ao Payment for the work provided by Contractor shall be made as provided on Exhibit "B" attached hereto, provided that the total amount of payment to Contractor shall not exceed $15,280.13 per month, for Areas 'B' through 'J' only, without express written modification of the agreement signed by the City. bo The Contractor 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 checked by the City, and upon approval thereof, payment will be made to the Contractor in the amount approved. Final payment of any balance due the Contractor of the total contract price earned will be made promptly upon its ascertainment and verification by the City alter the completion of the work under this agreement and its acceptance by the City. do 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 as provided on Exhibit "B". eo The Contractor's records and accounts pertaining to this agreement are to be kept available for inspection by representatives of the City and State for a period of three (3) years after final payments. Copies shall be made available upon request. CA-1 COMPLIANCE WITH LAWS. Contractor shall, in performing the services contemplated by this service agreement, faithfully observe and comply with all federal, state and local laws, ordinances and regulations that are applicable to the services to be rendered under this agreement. INDEMNIFICATION. Contractor shall indemnify, defend and hold harmless the City, its offices, agents and employees, from and against any and all claims, losses or liability, or any portion thereof, including attorneys fees and costs, arising from injury or death to persons, including injuries, sickness, disease or death to Contractor's own employees, or damage to property occasioned by a negligent act, omission or failure of the Contractor. INSURANCE. The Contractor shall secure and maintain in force throughout the duration of this contract comprehensive general liability insurance with a minimum coverage of $1,000,000 per occurrence and $1,000,000 aggregate for personal injury; and $1,000,000 per occurrence/aggregate for property damage, and professional liability insurance in the amount of $1,000,000 (see Attachment 'A'). Said general liability policy shall name the City of Boynton Beach as an additional named insured and shall include a provision prohibiting cancellation of said policy except upon thirty (30) days prior written notice to the City. Certificates of coverage as required by this section shall be delivered to the City within fifteen (15) days of execution of this agreement. INDEPENDENT CONTRACTOR. The Contractor and the City agree that the Contractor is an independent contractor with respect to the services provided pursuant to this agreement. Nothing in this agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither Contractor nor any employee of Contractor shall be entitled to any benefits accorded City employees by virtue of the services provided under this agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or for COntributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to Contractor, or any employee of Contractor. 9. COVENANT AGAINST CONTINGENT FEES. The Contractor warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for the Contractor, to solicit or secure this contract, and that he has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the Contractor, any fee, commission, percentage, brokerage fee, gifts, or any other consideration ' contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty, the City shall have the right to annul this contract without liability or, in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 10. DISCRIMINATION PROHIBITED. The Contractor, with regard to the work performed by it under this agreement, will not discriminate on the grounds of race, color, national origin, religion, creed, age, sex or the presence of any physical or sensory handicap in the selection and retention of employees or procurement of materials or supplies. CA-2 11. ASSIGNMENT. The Contractor shall not sublet or assign any of the services covered by this agreement without the express written consent of the City. 12. NON-WAIVER. Waiver by the City of any provision of this agreement or any time limitation provided for in this agreement shall not constitute a waiver of any other provision. 13. TERMINATION. a. The City reserves the right to terminate this contract without cause effective thirty days from the date of the written notice. b. In the event that any of the provisions of the Contract are violated by the Contractor, the City may serve whtten notice upon Contractor of its intention to terminate the Contract. Co Liability of the bidder for any and all such violations(s) shall not be affected by any such termination and his surety as required by the bidding documents, shall be enforced for any additional cost incurred to complete the annual contract. In the event of the death of a member, partner or officer of the Contractor, or any of its supervisory personnel assigned to the project, the surviving members of the Contractor hereby agree to complete the work under the terms of this agreement, if requested to do so by the City. This section shall not be a bar to renegotiations of this agreement between surviving members of the Contractor and the City, if the City so chooses. 14. DISPUTES. Any dispute arising out of the terms or conditions of this agreement shall be adjudicated within the courts of Florida. Further, this agreement shall be construed under Florida Law. 15. NOTICES. Notices to the City of Boynton Beach shall be sent to the following address: City of Boynton Beach P.O. Box 310 Boynton Beach, FL 33425-0310 Attn: Richard Fiege, Facilities Management Supervisor Notices to Contractor shall be sent to the following address: Cleaning Systems, Inc. 10330 NW 55~h Street Sunrise, FL 33351 Attn: James Fischer CA-3 16. INTEGRATED AGREEMENT. This agreement, together with attachments or addenda, represents the entire and integrated agreement between the City and the Contractor and supersedes all prior negotiations, representations, or agreements written or oral. This agreement may be amended only by written instrument signed by both City and Contractor. DATED this __ day of 20__. CITY OF BOYNTON BEACH NAME OF CONTRACTOR Mayor Contractor Attest/Authenticated: Title City Clerk (Corporate Seal) Approved as to Form: Attest/Authenticated: Office of the City Attorney Secretary Rev. 1/22/91 CA-4 EXHIBIT "A" SCOPE OF SERVICES SPECIFICATIONS FOR TWO-YEAR CONTRACT FOR CUSTODIAL SERVICES FOR CITY FACILITIES GENERAL REQUIREMENTS Please place an (x) on the blank line next to each item if a specification is met. If exception is taken (alternatives), bidder must explain using a separate sheet of paper. Bidder must submit specifications "check-off" sheets (Pages 3-23) with the proposal sheet in order for a bid to be considered. 1. SERVICE PERFORMANCE The intent of this contract is to provide a high level of service in custodial care and maintenance. Performance and the quality of work will be first-class in hygiene and cleanliness. Failure to meet the cleaning specifications as set forth in this contract will invoke penalties. All areas serviced by this contract will be inspected daily by the contract administrator or his designated representative. These inspections will be for the purpose of assessing the contractor's performance in meeting Section 24, Page 12, Materials & Equipment; Section 25, Page 13, Quality Standards and Workmanship; and Section 26, Page 15, Task Schedules as described herein. Any deviations and deficiencies noted by the contract administrator will be brought to the attention of the contractor through the use of the Deficiency Report Form, sample on Page 23. Any deficiencies noted in any inspections will be corrected within twenty-four hours or become subject to penalty as outlined herein. The twenty-four hour grace period may be extended in writing by the contract administrator should extraordinary circumstances warrant such extension in his judgment. Disputes over inspections or deficiencies will be resolved in accordance with Section 19, Page 1 I, Disputes. 2. WORK SCHEDULE ,~/ Work is to be performed after 6:00 P.M. and before 7:00 A.M. THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID TO BE CONSIDERED COMPLETE AND ACCEPTABLE SPECIFICATIONS Continued .... See detailed W_ork Schedule, Pages 21 and 22. A weekly schedule will be furnished to the City indicating the name of the supervisor assigned to oversee the work, including his/her day and night telephone number. 3. QUALIFICATION OF BIDDERS )~ Bidder must identify the number of years organization has been in business. Bidder must provide a list and brief description of similar contracts of similar size, satisfactorily completed or on-going with location, dates of contracts, names, phone numbers, size of building, type of services requested and addresses of owners. A minimum of three (3) references shall be submitted. A contact name, address, and telephone number shall be provided for each reference. Similar contracts as referenced above will be defined as vendor's experience at servicing multiple buildings, spread out over a 10-mile radius, from one central location or main/central building which has a minimum of 50,000 sq. ft. Bidders must submit proof that they have sufficient staff to provide daily custodial maintenance services specified, including a list of anticipated staff numbers and titles to service the City and a proposed schedule of their activities. Bidders must submit a complete list of janitorial/custodial materials, equipment, product/brand to be used. Contractor will not be allowed to subcontract work under this contract unless written approval is granted by the City's contract administrator. The subcontractor, if approved, will be bound by the conditions of the contract between the City and the awarded contractor and will perform in accordance with all terms of the contract and specifications. All required notices, work orders, directives, and request for emergency services will be directed to the contractor. All direction given to the subcontractor on the work site will bind the contractor as if the notice had been given directly to the contractor. Contractor must provide a telephone number and a named contact person who can be reached during all working hours for emergencies and resolving problems. 4. SELECTION CRITERIA ~ Each bidder shall complete the "Statement of Bidder's Qualifications", Pages 39-40, which will be used as a source of information in the selection process. The following factors will be considered to determine the responsibility of the bidder: THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID TO BE CONSIDERED COMPLETE AND ACCEPTABLE SPECIFICATIONS Continued · Expe.ri_ence of the firm with similar projects Background and experience of principal members of the personnel, including officers · Bonding capacity · Evidence of possession of required licenses or business permits · Experience in performance · Contracts on hand · Largest completed projects · Review of references · Consideration of past lawsuits or arbitrations to which the firm has been a party · Price COMMUNICATIONS The contractor or his representative will meet with the City's contract administrator on a monthly basis, or more frequently if necessary, to discuss schedules, problems, needs, and mutual areas of concern. The use of the Discrepancy Report Form will establish a system whereby notice is given by the City to the contractor indicating problems, complaints, and other contract discrepancies. Contractor will have one (1) twenty-four hour daily cycle, immediately following notification by Discrepancy Report, to correct the deficiency and request a re-inspection of the deficient area before a penalty is charged as outlined in Section 18, Page 10, Penalties. e WORK LOG The contractor's supervisor will be required to maintain a daily work log showing deviations from the assigned work schedule, or when work assignments have not been completed. Daily work log will be posted in a designated space provided to the contractor. Location of work log will be determined at time of award to contractor. It will be the contractor's responsibility to ensure that sufficient manpower is available to complete the assigned tasks irrespective of sickness holidays, vacations, or other personnel matters. Relief personnel will be provided as necessary and work overtime as necessary, at no additional cost to the City, to ensure adherence to Task Schedule. THIS PAGE TO BE SUB1VffFTED ALONG WITH PROPOSAL IN ORDER FOR BID TO BE CONSIDERED COMPLETE AND ACCEPTABLE SPECIFICATIONS Continued .... 7. TRAVEL - ')~ The City of Boynton Beach will not be responsible for any travel expenses. 8. CONTRACTOR RESPONSIBILITY Contractor will be responsible for ensuring that all employees are in compliance, at all times, with Terms, Conditions, and Specifications outlined in this Invitation to Bid. Contractor will be responsible for obtaining all necessary permits, licenses and/or registration cards, I-9 Form (Employment Eligibility Verification) in compliance with all applicable federal, state, and local statutes pertaining to services as specified. 9. TAXING RESPONSIBILITIES With submission of this bid proposal, the vendor understands that the City of Boynton Beach is not responsible for any federal, state, or locally mandated tax withholding associated with wages of the vendor's employees and/or any of it subcontractors. 10. SUPERVISION The contractor shall provide at least one (1) qualified supervisor for each crew engaged in work under this contract. At least one (1) supervisor with experience in custodial services defined herein will be in attendance during working hours. Each supervisor must be fluent in the English language. .¢ The supervisor's qualifications will be determined by a substantiated history of at least three (3) years on the job custodial experience, including at least one (1) year of supervisory experience in the field of custodial services. __ The supervisor will be provided a pager and/or cell phone at the contractor's expense and number will be provided to the City. The contractor's supervisor will be responsible for the instruction and training of personnel in proper work methods and procedures. The supervisor will schedule and coordinate all services and functions as required by the contract and as specified in the Task Schedule. __ The supervisor will be authorized by the contractor to accept and act on all directives issued by the City's contract administrator. THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID TO BE CONSIDERED COMPLETE AND ACCEPTABLE 6 SPECIFICATIONS Continued .... ~ Failure of a .sl,lpervisor to act on said directives shall be sufficient cause for the City to give notice that the contractor is in default of the contract. 11. PERSONNEL REQUIREMENTS Persons employed by the contractor in the performance of services pursuant to this bid shall not be considered employees of the City, shall be independent thereof and shall have no claim against the City as to pension, workers compensation, unemplo~vrnent compensation, insurance, salary, wages or other employee rights or privileges granted by operation of law or by the City of Boynton Beach and shall be 18 years of age or older. The contractor may be working in areas containing sensitive or restricted information or materials. All employees must be covered by a blanket fidelity bond in the amount of $10,000.00, a copy of which must be provided to the City upon notification of award. Contractor and all employees will display City issued photo identification badges while working on City premises. No employees will be allowed access to any area without displaying the required identification badge. Employees will wear uniforms with a company identification patch at all times while working on City premises. All employees assigned by the contractor will be fully capable, experienced, and trained in the work they are employed to perform. They will be physically able to do their work. Prior to commencing work, the contractor will submit to the City Chief of Police or his designee the name, home address, date of birth, social security number, immigrant documents (if applicable), and drivers license number of all employees, including supervisors of the contractor, to be engaged in work specified herein or having access to the buildings. No employees will commence work at any time during the contract until the above listed information has been submitted to, and written clearance received from the Chief of Police. The contractor shall provide written authorization from prospective employees for the City to perform the security clearances required in this contract. Employees of the contractor will be held to the same standards of conduct as regular full time employees of the City. The City will have and will exercise full and complete control over granting, denying, withholding, or terminating clearance for the contractor's employees. THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID TO BE CONSIDERED CO1V[PLETE AND ACCEPTABLE SPECIFICATIONS Continued .... Employees whom the City deems careless, discourteous, or otherwise objectionable or who cannot meet standards required for security or other reasons will be prohibited from entering the building(s). 12. SECURITY AND ACCESS The contractor will work in several areas which are under secured access and other areas open to the public during reasonable hours for meetings and other uses. All secured areas will be maintained in a secured condition and will be locked immediately upon completion of required work. Schedules of all public meetings and uses will be provided to the contractor on a weekly basis. $ No exterior doors will be propped open at any time. All areas will be secured when the contractor has completed his daily operations. Y, Daily custodial services cannot be performed or completed in various conference rooms or meeting areas until the meetings have ended. The contractor's operations will not interfere with these meetings. Meeting schedules will in no way diminish the contractor's responsibility for cleaning the meeting areas after public use. 13. KEY CONTROL Contractor shall adequately secure the keys, key cards, other entry devices and codes provided by the City. Contractor shall maintain a record of the key numbers issued to its employees. ~)~ Contractor shall not duplicate and shall not allow such items to be duplicated. Any such item which becomes lost, missing, or stolen shall be immediately reported to the City representative by the contractor. Should the contractor lose or have stolen any keys issued to the contractor by the City, the cost of changing locks or keys to the buildings, rooms, or areas accessible by the lost or stolen keys will be deducted fi.om the contractor's invoice to the City for the work performed under this contract. THIS PAGE TO BE SUBMrrTED ALONG WITH PROPOSAL IN ORDER FOR BID TO BE CONSIDERED COMPLETE AND ACCEPTABLE SPECIFICATIONS Continued .... 14. SPECIAL AND-UNFORESEEN WORK X Due to the generalized nature of work under this contract, instances may occur where the City has need for additional cleaning and custodial services provided outside the original intent of this contract. Requests for additional specialized work will be authorized in writing only through the contract administrator. A separate hourly rate is requested for "Additional Specialized Work", Proposal Page 37. Contractor will only be paid for the time they are on site cleaning. Contractor may charge a minimum of one-hour per call. A personal beeper number or phone number shall be supplied for emergency cleaning services. Contractor will be required to respond by phone within 30 minutes of the call and be on- site within one hour. 15. PROTECTION OF PUBLIC AND PRIVATE PROPERTY The contractor shall exercise all necessary caution for the protection of pedestrian traffic and all public and private property from injury and damage caused by the contractor's operations. Any practice obviously hazardous in the opinion of the contract administrator shall be immediately discontinued by the contractor upon receipt of either written or oral notice to discontinue such practice. The Contract shall comply with all OSHA and other federal, state, and municipal safety standards and practices. Contractor shall supply for the City's review and approval Material Safety Data Sheets (MSDS) for all supplies used and shall maintain an MSDS book in every janitorial closet. It shall be the responsibility of the successful bidder to maintain workers' compensation insurance, property damage, liability insurance and vehicular liability insurance, during the time any of his personnel are working on City of Boynton Beach property. Loss by fire or any other cause shall be the responsibility of the vendor until such time as the items and/or work has been accepted by the City. The vendor shall furnish the City with a certificate of insurance after award has been made prior to the start of any work on City property. Said insured companies must be authorized to do business in the State of Florida and the City will not accept any company that has a rating less than B+ in accordance to A.M. Best's Key Rating Guide, latest edition (see Attachment 'A'). THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID TO BE CONSIDERED COMPLETE AND ACCEPTABLE SPECIFICATIONS Continued .... 16. LOST AND FOUND ARTICLES Contractor will ensure that all articles found in City buildings or on City property by their employees while performing duties under this contract, will be renamed to the City's representative no later than six (6) hours following the twenty-four hour daily cycle in which it was found. 17. JANITORIAL CLOSETS AND UTILITIES Janitorial closets shall be kept orderly and clean at all times. City shall supply electric power and water without charge to the contractor. Contractor will use the City's utilities as needed, but without waste. / Lights will be turned off in areas as cleaning is completed. Minimum will be used. lighting 18. PENALTIES A DEFICIENCY IS DEFINED AS ANY ITEM THAT DOES NOT MEET THE CRITERIA SET FORTH IN THESE SPECIFICATIONS Any deficiency communicated in writing on the Deficiency Report to the contractor and not corrected within the time limits described within the specifications shall become subject to a financial penalty for nonperformance or substandard performance (see Section 5, Page 5, Communications). Penalties, if any, shall be withheld from the monthly payment to the contractor as liquidated damages to the City. Penalties, if applied, do not limit the right of the City to seek other redress for nonperformance or substandard performance. The penalty fee structure shall be as follows: · Deficiency in daily task - 1% of the monthly fee for the relevant location(s) · Deficiency in weekly task - 2% of the monthly fee for the relevant location(s) · Deficiency in monthly task - 3% of the monthly fee for the relevant location(s) · Deficiency in quarterly task - 4% of the monthly fee for the relevant location(s) · Deficiency in semi-annual task - 5% of the monthly fee for the relevant location(s) Contractor will be given the first immediate twenty-four daily cycle to correct a deficiency after it is reported on the Deficiency Report Form by the City. No penalty will be charged during this first immediate twenty-four hour daily cycle. THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID TO BE CONSIDERED COMPLETE AND ACCEPTABLE 10 SPECIFICATIONS Continued .... __~ Penalties corrected within the time allocated within these wi!l_begin if deficiency is not specifications. Penalties shall repeat each twenty-four hour daily cycle until such time as the deficiency is corrected. 19. DISPUTES The contractor will faithfully perform all work as set forth in these specifications. If the contractor fails to faithfully perform in accordance with the specifications, or if a dispute arises as to the quality and/or quantity of work completed, the City's contract administrator reserves the right to withhold payment until such time that performance/dispute has beer remedied. ~ In case of any doubt or difference of opinion as to the items to be famished hereunder, the decision of the City Manager shall be final and binding on both parties. 20. BONDING If total bid amount is $25,000 or more, each bid shall be accompanied by an acceptable 5% Bid Bond or Certified Cheek drawn upon any State National Bank k: Florida, made payable to the City of Boynton Beach, Florida, in the amount of 5% of the bid price, as a guarantee that the contractor, if awarded the contract, will enter into a written contract with the City to perform this work. The bond will also contain provisions complying with and adopting Florida Statute 255.05, and shall be signed by the local Florida authorized agent of the Bonding Company. The City of Boynton Beach reserves the fight to reject any or all bids, or accept any bid as made by the most satisfactory responsible bidder. The unsuccessful bidder's check/bond will be returned at the time of the award is made. The successful bidder's Bid Bond will be returned upon acceptance and receipt of a Performance Bond by the City (if required) or upon completion of delivery if a Performance Bond is not in the bid. At such times when a vendor does not conform to the specifications or fails to perform as agreed upon in this Invitation to Bid, the City shall be entitled to collect or retain p~-t or all of the deposit; whichever is necessary to rectify the bidder's unacceptable performance. 21. CONTRACT TERM The initial term of this contract shall commence on the date of execution of the contract and expire September 30, 2004, with two (2) additional one (1) year renewal periods. The City requires a firm price for the initial contract period of two (2) years. THIS PAGE TO BE SUBMII'rED ALONG WITH PROPOSAL IN ORDER FOR BID TO BE CONSIDERED COMPLETE AND ACCEPTABLE 11 SPECIFICATIONS Continued .... Annual renewals following September 30, 2004, will be based on the successful contractor agreeing to the same terms and conditions, or by filing v,a-itten notice to the City not less than ninety (90) days prior to renewal date of any adjustment in the contract amount. Contract renewal shall then be based on satisfactory performance, mutual acceptance of a negotiated price, and determination that the contract is in the best interest of the City. The initial contract places no obligation on the City to appropriate funds for municipal building cleaning and custodial services beyond the initial term of the contract, and contract extensions are dependent upon sufficient funds being appropriated each fiscal year by the City. 22. EXECUTION OF CONTRACT The successful bidder shall, upon written notification from the City, enter into a contract with the City for the performance of work awarded, and shall simultaneously provide the appropriate bonds, indemnities, and insurance required herein. 23. RIGHT TO TERMINATE City reserves the fight to terminate this contract without cause effective thirty days from the date of the written notice. In the event that any of the provisions of the contract are violated by the successful bidder, the City of Boynton Beach may serve written notice upon such bidder of its intention to terminate the contract. Liability of the bidder for any and all such violation(s) shall not be affected by any such termination and his surety as required by the bidding documents, shall be enforced for any additional cost incurred to complete the annual contract. 24. MATERIALS AND EQUIPMENT If and whenever in the specifications a brand name, make, name of any manufacturer, trade name or vendor catalog number is mentioned it is for the purpose of establishing a grade or quality of material only. Since the City does not wish to rule out other competition and equal brands or makes, the phrase OR EQUAL is added. However, if a product other than that specified is proposed, it is the vendor's responsibility to name such a product within his bid and to prove to the City that said product is equal to that specified and to submit brochures, samples, and/or specifications in detail on item(s) submitted. The City shall be the sole judge concerning the merits of the bid submitted. Exceptions are items specified as "NO SUBSTITUTES". THIS PAGE TO BE SUBMITTED ALONG V~ITH PROPOSAL IN ORDER FOR BID TO BE CONSIDERED COMPLETE AND ACCEPTABLE 12 SPECIFICATIONS Continued .... Items to be furnished by the contractor will include, but are not limited to the following: · All paper products including paper towels, toilet paper, and sanitary napkins. NO SUBSTITUTES: Toilet Tissue: KIMBERLY CLARK 07805 Junior Jumbo Rolls - 2 ply ACCLAIM 15800 Standard Rolls - 2 ply EXECUTIVE Jumbo Rolls - 1 ply Paper Towels: SCOTT'S 04142 Industrial Roll Towels KIMBERLY CLARK C-Fold Towels · All liquid soaps and creams used in hand dispensers (OR EQUAL). Hand Soap: KIMBERLY CLARK 91241-10 Triangle Lotion/Antibacterial Hand Soap - and - KIMBERLY CLARK Sanifi'esh Body Soap & Shampoo · All deodorant blocks for urinals · All plastic liners for waste paper baskets · All cleaning materials necessary to complete specifications including germicides, disinfectants, detergents, soaps, waxes, cleaners, and shampoos. · All power and hand equipment necessary to complete specifications including wiping and dust rags, mops, brooms, buckets, vacuum cleaners, buffing machines, and specialty equipment such as waste collection containers. · A listing of materials and equipment to be used will be part of the proposal. · All materials and equipment will be industrial or commercial type and approved by the City prior to its use. · A record of all Material Safety Data Sheets (MSDS) for those products used or stored on City property will be maintained on-site at all times for public reference. 25. QUALITY STANDARDS AND WORKMANSHIP The following statements indicate the general standards and workmanship to be furnished trader this contract: Floors and Carpets A satisfactory and acceptable floor or carpet will not have dust, streaks, marks, or dirt in corners, behind doors, or under furniture. All paper clips, staples, etc., shall be picked up. The use of vacuuming equipment and/or treated dust mops will be used to keep the floors clean. Waxed floors will show a "wet look" gloss and shall not be yellowed or show signs of a wax buildup. Carpets shall be cleaned on a regular basis by an approved dry method. Heavy use carpet areas will be cleaned as needed to maintain a dirt-free appearance. THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID TO BE CONSIDERED COMYLETE AND ACCEPTABLE 13 SPECIFICATIONS Continued .... Wet Mo_wing - Satisfactory and acceptable wet mopping will present a clean floor free from streaks. smears, and dried dirt. Safe, all-purpose detergents will be used on all resilient and hard floor surfaces. Waxing Satisfactory and acceptable waxing and polishing will be accomplished through the use of thin coats of evenly layered wax. Floors will be bright and clean under furniture as well as in traveled areas. Wax or polish will not be allowed to dry on wall bases, furniture legs, equipment, etc. Wax shall not be applied over dirt or loose material. Glass A satisfactory and acceptable glass, mirror or vitreous surfaces will be free from streaks, smears, and spots. Dusting Satisfactory and acceptable dusting will present a surface free from all dust and other loose material. Cleaning A satisfactory and acceptable clean surface shall be completely flee of all loose and adhering or other foreign material down to the original finish of the surface. A clean surface will appear both physically and visually clean, flee from streaks or other residue. Refinish (Hard or Resilient Floors) A satisfactory and acceptable refinished floor will be completely stripped of all wax to the original surface of the. floor, resealed with an approved product, recoated with a minimum of three (3) coats of an approved wax, each coat allowed to dry, and buffed using an appropriate buffing machine. Resurface (Hard or Resilient Floors) A satisfactory and acceptable resurfaced floor will be machine scrubbed to remove all surface marks, dirt, blemishes, re-waxed, and speed buffed to a "wet look" gloss. Kitchen and Lunchroom Satisfactory kitchen and lunchroom area cleamng shall be of "restaurant" quality. All fixtures, appliances, chrome and metal work, and glass shall be cleaned and polished to a shiny appearance free from streaks, dirt, grease, a.nd grime. Sinks shall be free from rings and stains and free from objectionable odor. THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID TO BE CONSIDERED COMPLETE AND ACCEPTABLE 14 SPECIFICATIONS Continued .... Floors, walk,, cabinets, tables, chairs, and garbage receptacles shall be free from stains, dirt, grime, odors, grease, and streaks. Appliances shall be cleaned and sanitized to remain flee from objectionable odors. Microwave ovens shall be free from "cooked on" food particles. The kitchen shall meet all applicable Health Department standards. Vacuuming A satisfactory and acceptable vacuumed surface will be free of all dust, dirt, and loose foreign material, including comers, crevices and other hard to reach areas and must be accomplished using a vacuum with a hepa filtration system. Restrooms and Locker Rooms Satisfactory and acceptable restroom and locker room cleamng shall be of "hospital" quality. All porcelain fixtures, chrome and metal work, and glass shall be cleaned and polished to a shiny appearance free from streaks, dirt, or grime. Toilet bowls, urinals, and sinks shall be free from water stains, rings, and biological stains. All floor drains are to be clean of grime and dirt build-up. Custodial Closets Keep floors clean, dry, and clear of debris. Keep stock and equipment in its proper place; do not leave equipment such as mop buckets with dirty water. Elevators '.~. Keep doors, frames, and walls clean. TASK SCHEDULES 26. TASK SCHEDULES - TO BE ACCOMPLISHED DAILY General Housekeeping .× Gather all trash, insert liners, and remove to proper disposal area. Paper recyclable materials shall be collected and stored for removal as designated. Nothing shall be removed from desks anct/or tables unless it is specifically marked to be thrown out. Dust, as necessary, exposed table areas, counter tops, file cabinets, bookcases, and shelves. Desks to be cleaned only on written request. Dust as necessary all vertical blinds in offices and common areas. THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID TO BE CONSIDERED COM_PLETE AND ACCEPTABLE 15 SPECIFICATIONS Continued .... Spray and wipe clean of fingerprints and beverage rings, working area of tables, file cabinets, and-chairs. Computer keyboards and other sensitive electronic equipment will not be cleaned or dusted by the contractor. Clean, scour, and sanitize drinking fountains. Spot clean glass on all entrance doors. Spot clean interior door glass and glass partitions. Restrooms, Locker Rooms, Kitchens and Lunchrooms Floor Care - Resilient and Hard Dust mop all hard floor surfaces with treated mop. TI-IlS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID TO BE CONSIDERED COM~PLETE AND ACCEPTABLE Clean, sanitize, and polish all metal and vitreous fixtures including toilet bowls, urinals, hand basins, and sink~. Clean all chrome fittings. Clean and sanitize toilet seats (both sides) and all counter areas. Clean mirrors. Empty all containers and insert liners. Clean and sanitize floors. Dust tops of partitions as necessary. Spot clean walls around sink~. Spot clean walls around and under towel cabinets and urinals. Clean and refill all dispensem. Spot clean chrome fittings and floors with disinfectant in men's and women's showers. Clean urinal screens, replace urinal deodorizers as needed. Clean kitchen cabinets, eountertops, and the exterior of appliances and machine. Clean interior and exterior of microwave ovens. Clean lunchroom table tops with disinfectant cleaner. vending 16 SPECIFICATIONS Continued .... Totally damp-mop all hard floor surfaces. Totally mop all entrance floors (mats to be picked up). Vacuum floor mats. Detergent mop, rinse and disinfect all restroom floors and locker room floors. Floor Care - Carpets .~ Remove any spots with cleaner as needed. )(, Vacuum all open carpeted areas using a vacuum with a hepa filtration system. Custodial Closets ¢, Damp mop and/or sweep floors. .5(, Store all stock and equipment on the shelves and in the proper areas of the closet. Elevators '~. Wipe down all doors, frames, and walls with cleaner leaving a streak-free surface. x~ Vacuum floors and door tracks. 27. TASK SCHEDULE - TASKS TO BE ACCOMPLISHED WEEKLY General Housekeeping Clean and sanitize telephones. Dust all horizontal surfaces including windowsills, ledges, molding, picture frames, and wall hangings (including restrooms and lunchrooms) up to a height of twenty feet. Dust tops of all room divider partitions. Totally clean all entrance (exterior storefront) door glass. Remove fingerprints from doors, moldings, and from around light switch plates (including restrooms and lunchrooms). Dust tops of all lockers. Clean vinyl and hard surface backs and bases of all chairs. THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID TO BE CONSIDERED COMPLETE AND ACCEPTABLE 17 SPECIFICATIONS Continued .... Restrooms, Locker Rooms, Kitchens, Lunchrooms Damp clean partitions and partition doors. Spot clean all walls. Totally clean (scrub) wall and chrome disinfectant in men's and women's showers. X Add germicidal detergent to floor drains. Floor Care - Resilient and Hard fittings with scum remover and approved Machine spray buff all resilient tile areas. Damp mop lobby ceramic paver tiles with a mild detergent. Do not use strong detergent or flood panels with cleaning agent. X Ail entrance grills and carpet mats shall be cleaned by means of an approved dry method. Floor Care - Carpets Lif~ and vacuum under all plastic chair mats, damp wipe mats. Vacuum all restricted areas (areas that could not be normally reached) and edges using a crevice tool. 28. TASK SCHEDULE - TASKS TO BE ACCOMPLISHED MONTHLY General Housekeeping Floor Care - Resilient and Hard ~ Resurface (machine surface scrub and speed buff) all areas. Vacuum dust fi.om all window blinds. Vacuum or dust HVAC diffuser outlets, walls, and ceiling for cobwebs. Vacuum all upholstered chairs and furniture. Dust exterior of all lighting fixtures and diffusers. Clean or vacuum all vertical surfaces or room dividers and partitions. THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID TO BE CONSIDERED COMPLETE AND ACCEPTABLE 18 SPECIFICATIONS Continued .... Restrooms, Locker Reorns, Kitchens, Lunchrooms Use brush to clean floor drains and remove corrosion and tarnish. 29. TASK SCHEDULE - TASKS TO BE ACCOMPLISHED QUARTERLY All quarterly task items will be done in December, March, June, and September. scheduled with the contract administrator at least one week in advance. Restrooms, Locker Rooms, Kitchens, and Lunchrooms ~ Thoroughly clean all restrooms, locker room partitions, and walls. X Clean exterior of all lockers. Floor Care - Resilient and Hard Completely refinish (strip, seal, wax, and buff) all floors. Machine scrub and refinish all restroom floors (no wax). Scrub and clean all baseboards. Floor Care - Carpets ~)~ Deep clean carpet by an approved dry method on all high traffic areas. Exterior Glass .~. Complete methods. They will be cleaning of all exterior glass (doors, windows) by approved professional Spot cleaning of exterior glass more often as necessary. 30. TASK SCItEDULE - TASKS TO BE ACCOMPLISHED SEMI-ANNUALLY All semi-annual items are to be done in March and September. This work will be done on Saturdays or Sundays or on weekday nights when there are NO meetings scheduled. Tasks will be scheduled two (2) weeks in advance with the contract administrator. General Housekee~in~ Clean all furniture and upholstery by applying approved foam or powder upholstery cleaner. Commercial solvent (i.e. Bestine, Blue Luster) will be used for removing grease or oil based upholstery stain. THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID TO BE CONSIDERED COMPLETE AND ACCEPTABLE 19 SPECIFICATIONS Continued .... ')~ Clean and polish all wood doors. X Clean all lighting fixtures, diffusers, and lamps. Floor Care - Carpets ~x/x, Shampoo and steam clean all carpeted floors; also, apply 3-M carpet protector (or equal) to all carpet. THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID TO BE CONSIDERED COMPLETE AND ACCEPTABLE 2O - - WORK SCHEDULE AREA BUILDING WORK SCHEDULE TIME A CITY HALL COMPLEX City Hall and Chambers Mon - Fri (5 days/wk) Clean after East Wing Mort - Fri (5 days/wk) 6:00 P.M. and West Wing Mort - Fri (5 days/wk) before Police Station Mon - Fri (5 days/wk) 7:00 A.M. Fire Station gl Admin. Office Mort - Fri {5 days/wk) B 1913 Schoolhouse Museum Mort - Fri (5 days/wk) Clean after Code Enforcement Trailer Mon - Fri (5 days/wk) 6:00 P.M. and Kid's Kingdom Restrooms Mort - Fri (5 days/wk) before Art Center Mon - Fri (5 days/wk) 7:00 A.M. Civic Center Mort - Fri (5 days/wk) Library Mon - Fri (5 days/wk) Madsen Center Mon - Fri (5 days/wk) C Animal Control Office Tue & Thur (2 days/wk) Mangrove Park Restrooms Mort, Wed, & Fri (3 days/wk) Clean after BOATCLUB PARK COMPLEX 6:00 P.M. and Clubhouse Building Mort - Fri (5 days/wk) before Restroom Building Sun - Sat (7 days/wk) 7:00 A.M. Guardhouse Building Mort - Fri (5 days/wk) D PUBLIC WORKS COMPLEX PW#1 - Admin Areas & Restrooms Mort - Fri (5 days/wk) PW#2 - Admin Areas & Restrooms Mort - Fri (5 days/wk) Clean after PW#3 - Admin Areas & Restrooms Mon - Fri (5 days/wk) 6:00 P.M. and before HESTER PARK COMPLEX 7:00 A.M. Main Building Sun - Sat (7 days/wk) Office/Restroom Building Mort - Fri (5 days/wk) Concession Building Mon - Fri (5 days/wk) E Galaxy Park Restrooms Mon - Fri (5 days/wk) Palmetto Greens Park Restrooms Mon - Fri (5 days/wk) Pioneer Canal Park Restrooms Mon - Fri (5 days/wk) Clean after Sara Sims Park Office & Restrooms Mon - Fri (5 days/wk) 6:00 P.M. and Wilson Center Mon - Fri (5 days/wk) before Wilson Pool Restroom May 25th - Sept 15th: 7:00 A.M. Mort - Fri (5 days/wk) Sept 16'~ - May 24'~: Wed & Fri (2 days/wk) F City Hall in the Mall Mon - Fri (5 days/wk) Clean after Congress Avenue Park Club Sun - Sat (7 days/wk) 6:00 P.M. and Fire Station #3 Admin Areas Tue & Thur (2 days/wk) before Pistol Range Admin Areas Tue & Thur (2 days/wk) 7:00 A.M. _____------- Meadows Park Restrooms AREA BUILDING WORK SCHEDULE TIME G Little League Park Restrooms Sun - Sat (7 days/wk) Clean after Pence Park"Restr°oms Mort - Fri (5 days/wk) 6:00 P.M. and Senior Center Mort - Fri (5 days/wk) before 7:00 A.M. H OCEANFRONT PARK COMPLEX Headquarters building Sun - Sat (7 days/wk) Clean after Men's Restroom Building Sun - Sat (7 days/wk) 6:00 P.M. and Women's Restroom Building Sun - Sat (7 days/wk) before 7:00 A.M. I East Water Treatment Plant Offices Mon- Fri (5 days/wk) Clean after Utilities Administration Building Mon - Fri (5 days/wk) 6:00 P.M. and before 7:00 A~.M. J1 & J2 BOYNTON MEMORIAL PARK Clean after J1 COMPLEX 6:00 P.M. and J2 Mausoleum Chapel Area Mon, Wed & Fri (3 days/wk) before Maintenance Bld~- Office/Restroom Mon, Wed & Fri (3 days/wk) 7:00 A.M. 22 EXHIBIT "B" PAYMENT FOR WORK PROVIDED BY CONTRACTOR CONTRACT FOR AREAS "B" THROUGH "J" ONLY - - PROPOSAL BLANK BID PROPOSAL TO THE CITY OF BOYNTON BEACH, FLORIDA To All Bidders: Date: The undersigned declares that he has carefully examined the specifications and is thoroughly familiar with its provisions and with the quality, type and grade of service called for. This bid will be evaluated and awarded by location. The City reserves the right to split the award of this contract with existing City custodial s_taff~ ff it is determined to be in the best interest of the City. The bidder is cautioned to ensure that the bid prices entered on the Schedule of Prices for each area reflects aH work required. When submitting more than one bid proposal price for this service, indicate how many individual and/or combination item(s) are to be tabulated and considered. Attach a separate proposal sheet for each. The undersigned proposes to deliver the services for the "TWO-YEAR CONTRACT FOR CUSTODIAL SERVICES FOR CITY FACILITIES" in accordance with the specifications for the sum of: s TOTAL SU'M FOR. ALL AREAS SCHED~E OF PRICES BY AREA AREA BUILDING, ADDRESS, AND SQUARE FOOTAGE MONTHLY PRICE ,A CITY HALL COMPLEX - 100 East Boynton Beach Boulevard City Hall and Chambers (2'4,853 sq. ft.) East Wing (14,981 sq. ft.) West Wing (17,652 sq. ft.) Police Station (19,896 sq. ft.) Fire Stolon #1 Admin_ Office (2,784 sq. ft.) TOTAL COST FOR AREA A: $ B 1913 Schoolhouse Museum (8,000 sq. fi.) - 129 E. Ocean Avenue Code Enforcement Trailer (1,500 sq. ft. ) - 125 E. Ocean Avenue Kid's Kingdom Restrooms (sq. ft. n/a) - 131 E. Ocean Avenue Art Center (6,600 sq. ft.) - 125 SE 2~ Avenue Civic Center (9,770 sq. ft.) - 128 E. Ocean Avenue Library (27,500 sq. ft.) - 208 South Seacrest Boulevard Mad_sen Center (6,600 sq. ft.) - 125 SE 2"~ Avenue TOTAL COST FOR AREA B: $ 7"/. /...-3 THIS PAGE TO BE SUBMITTED IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 35 AREA BUILDING, ADDRESS, AND SQUARE FOOTAGE i MONTHLY PRICE -C Animal Control Office (sq. ft. n/a) - 415 NE 4~ Avenue Mangrove Park Restrooms (475 sq. ft.) - 700 NE 4~ Avenue BOATCLUB PARK COMPLEX - 2210 N. Federal Highway Clubhouse Building (2,084 sq. ft.) Restroom Building (558 sq. ft.) Guardhouse Building (691 sq. TOTAL COST FOR AREA C: $ D PUBLIC WORKS COMPLEX - 222 NE 9~ Avenue PW#1 - Admin Areas & Restrooms (14,242 sq. ft.) PW#2 - Admin Areas & Restrooms (11,058 sq. ft.) PW#3 - Admin Areas & Restrooms (5,125 sq. ft.) HESTER PARK COMPLEX - 1901 N. Seacrest Boulevard Main Building (21,921 sq. ft.) Office/Restroom Building (1,033 sq. ft.) Concession Building (685 sq. ft.) TOTAL COST FOR AREA D: $ E Galaxy Park Restrooms (160 sq. ft.) - 461 W. Boynton Beach Blvd. Palmetto Greens Park Restrooms (238 sq. ft.) -421 NE 13~ Avenue Pioneer Canal Park Restrooms (sq. ft. n/a) - 848 NW 13~ Avenue Sara Sims Park Office & Restrooms (600 sq. ft.) - 201 NW 9~ Avenue Wilson Center (5,792 sq. ft.) - 211 NW 13e Avenue Wilson Pool Restroom (sq. ft. n/a) - 311 NW 12e Avenue TOTAL COST FOR AREA E: $ F City Hall in the Mall (1,600 sq. ft.) - 801 N. Congress Avenue Congress Avenue Park Club (1,596 sq. ft.) - 3111 S. Congress Avenue Fire Station #3 Admin Areas (sq. ft. n/a) - 3501 N. Congress Avenue Pistol Range Admin Areas (sq. ft. n/a) - 3501 N. Congress Avenue Meadows Park Restrooms (740 sq. ft.) - 4305 N. Congress Avenue TOTAL COST FOR AREA F: $ ~"~,_~, G Little League Park Restmoms (1,422 sq. ft.) - 300 SW 15'~ Avenue Pence Park Restrooms (sq. ft. n/a) - 400 SE 5'h Avenue Senior Center (3,000 sq. ft.) - 1012 S. Federal Highway ' TOTAL COST FOR AREA G: $ ~,/~-~-~_9 · H OCEANFRONT PARK COMPLEX - 6415 N. Ocean Boulevard Headquarters building (458 sq. ft.) Men's Restroom Building (1,024 sq. ft.) Women's Restroom Building (1,024 sq. ft.) TOTAL COST FOR AREA H: $ ~' I East Water Treatment Plant Offices (45,838 sq. ft.) - 1620 S. Seacrest Blvd. Utilities Administration Building (15,128 SQ. FT.) - 124 E. Woolbright Road TOTAL COST FOR AREA h $ / THIS PAGE TO BE SUBMITTED IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 36 AREA B'U'ILDING, ADDRESS, AND SQUARE FOOTAGE MONTHLY PRICE BOYNTON MEMORIAL PARK COMPLEX - 1611 S. Seacrest Blvd. J1 Mausoleum Chapel Area ............................................................ J2 Maintenance Bldg. Office/Restroom ................................................ $ TOTAL COST FOR AREAS J1 AND J2: $ ADDITIONAL SPECIALIZED WORK HOURLY RATE PER PERSON FOR EMERGENCY WORK: HOURLY RATE PER PERSON FOR SCHEDULED SPECIAL PROJECTS: $ ~C ~Per Hr $ /,~ Per Hr ALL PRICES F.O.B. BOYNTON BEACH Number of Bid Proposals submitted Specification "check-off' sheets (Pages 3-20) submitted: 5% Bid Bond or Certified Check submitted: Statement of Bidder's Qualifications , Submitted: Supervisor's Qualifications Submitted: Yes/No Yes/No Ye~o Ye~o Schedule of Subcontractors Submitted: Yes/No List of anticipated staff numbers, titles and schedule of activities: Yes/No Contact name and phone number submitted: Yes/No THIS PAGE TO BE SUBMITTED IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 37 List of janitorial/custodial materials, equipment, and product/brands to be used: Site Inspection Form submitted: Yes/No COMPANY NAME TELEPHONE NUMBER PRINTED NAME TITLE THIS PAGE TO BE SUBMITTED IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 38 z~ c~ ~0 ~0 O0 ~0: zO m ~ ~m ~-- Z ~ m~ m < ~ ~z ~ ~ 0 ~ ~ ~ m 0 > · Oi 0 m ~ ~ ~ m z m m ~ ~o ~ m m ~ - · · ~ Z m ~ ~ o~ ~g o~ ~ ~ ~ ~zz ~°~ ~ ~ m~ m z m m ~ ~o ~ m m m · · ~w m_ m ~ ~ O~ C --o Zb c~ Z m ~ ~ ~ mm m~ 0 ~0 ~ 0 ~ ~ ~ 0 ~ ~ m C > 0 m z 0 0 ~ m m ~m ~ c m m m m m ~ -- m 0 ~ 0 ~ z ~ z 0 _ - z m ~m ~©mm. o z'~ ~ ~ Z m · m ~m m m m m m~ ~ ~ ~ 0 ~ 0 ~ ~ 0c ~ ~ m ~ ~ o z z ~ 0 ~z~ Z ~m ~ mm ~ m ~ m ~ ~~ m m~ o o z~ Z~ ~ z z~ m mmm < ~ x m~ m m m m m m m m~ q ~ -- m 00~ m m m ~_->~d 0 > ~ ~- = ~ cz c~ m :~ ~m Z ~ m ~ ~ 0 -- Z 0 ~8 o~ z - ~ zz ~ ~ ~0 ~ m .m o~~ Zo ~ ~ o ' ~ ZZ m ~ ~ m m m-- o~o ~ 8 ~ C ~ Z~ om~ om m 0 ~m ZZ~ ~8~ ou~ mo < ~ U~ m ~ ~ 0 z~ 8 ~ m ~ m > ~m ~ Z ~Z ~8 Zo m ~ z ~omm 0 0 0 0 0 ~ mm m~m ~ m~ ~ om m z m~ ~- 0~ ~ mz ~ ~ ~ ~ ~ ~ ~~~m z~ ~zm<m 0 ~-- Z ~ ~ m~ m ~o ~ ~m ~m >~ ~~ ~o ~ z ~ m ~ m ~ ~z ~~ m m ~ ~ ~ ~ z z m 0 0 z m m zw zo ~ m m · · o~ ~ ~ C --o Z~ m°> .... ~ ~ · m om- o ~ Z · 0 0 o~oo ~mm 0 0 0 0 m 0 0 cz c~ m ~ ~ ~m z ~ ~ mm ~ ~ 0 ~0 ~0 ~ Z ~ ~0 m ~mm ~m E 0 om ~mm ~m ~ > ~ m o z~ om mO o > o~ ~ ~> ~ ~ o ~m ~_ m m Z> Z0 o ~ ~m m m ~ z ~ ~ ~ ~ m m © 000 ~~ Z ~ ~0 ~m~, ....m Z-o z~ ~zz~ o~o mo ~ © -- ~ ~m- m ~m ~ ~ z. o~OO ~mm o~OO mm ~C oG-) 0 0 0 m 0 Ill c.,oC o~ 0 rn 0 m ~ ~_ m _ m ~ ~m z m ~ ~ ~ ~z 0 ~ Z ~ ~o ~ ~ > z mc wz > m ~ ~0 ~z ~ ~~z~ ~ ZZ m O> mO ~ - m~ ~ ~ O~ ~ Z m m - ZO m ~ ~ z o ~z m 0 m ~ m ~ ~m ~ mm~m ~Z 0 0 Z 0 0 0 cc z~ c ~0 ~0 O0 ~o zO m _ mz ~ ~ ~~ ~ ~ zo o m< m -z ~ Z ~ ~ ~m m = m ~ ~ ~z ~ o 0 ~ c z 0 m 0 ~ ~ 0 ~m > · 0 0 m~ ~ ~ ~ Z Z ~ ~ m 0 0 ~ ~m ~ z ~ ~ ~b ~ > ~ ~ ~ 0 -m° z m m =~ ~. .~ m m ~ C C z ~ z < Z~ m~ .z~ Z ~ m ~ ~ ~ m ~ o ~_~ m ~ ~ o~ ~b m~ ~ ~ z C --o ~ mz Z ~ m = ~oo ~mm ~> ~mm .~.> co c~ oi ~ cc c~ ~ m ~ ~ ~ 0 c m ~!~ 0 c 0 ~ m c > m 0 m o ~ ~ z 0 Oi ~ m m ~ _ ~ Z~ Z 0 _ --, Z ~i ~ ~ m m o m ~ ~ o z~ = Z 0 -m° ~m m m m m m m ~0 ~ ~m~ ~ ~ ~ ~ ~ ~ ~ mmO o ~m z 0 ~ 0 ~ ~ ~ ~ ~ z m mz, o~oo r~mm ~mm .~.> 0 c z ~ 0 ° o~ ~o _ m m ~o 0 czm om m..m ~ ~~> o~ mo 0~ ~ 0 -m° _ m ~> m m ~ mc; ~0 ~ ~ ~ ~ > ~m~ z z0 ~m m 0 Z~o ~ m moo ~ ~ mz m~o m Z~ ~ z m AREA LOCATIONS/WORK SCHEDULE AREA BUILDING WORK SCHEDULE TIME A CITY HALL COMPLEX City Hall and Chambers Mon- Fri (5 days/wk) Clean after East Wing Mon- Fri (5 days/wk) 6:00 P.M. and West Wing Mon- Fri (5 days/wk) before Police Station Mon- Fri (5 days/wk) 7:00 A.M. Fire Station #1 Admin. Office Mon - Fri (5 days/wk) B 1913 Schoolhouse Museum Mon - Fri (5 days/wk) Clean after Code Enforcement Trailer Mon - Fri (5 days/wk) 6:00 P.M. and Kid's Kingdom Restrooms Mon - Fri (5 days/wk) before Art Center Mon - Fri (5 days/wk) 7:00 A.M. Civic Center Mon - Fri (5 days/wk) Library Mon - Fri (5 days/wk) Madsen Center Mort - Fri (5 days/wk) C Animal Control Office Tue & Thur (2 days/wk) Mangrove Park Rest-rooms Mort, Wed, & Fri (3 days/wk) Clean after BOATCLUB PARK COMPLEX 6:00 P.M. and Clubhouse Building Mon - Fri (5 days/wk) before Restroom Building Sun - Sat (7 days/wk) 7:00 A.M. Guardhouse Buildinl~ Mon - Fri (5 days/wk) D PUBLIC WORKS COMPLEX PW#1 - Admin Areas & Restrooms Mon - Fri (5 days/wk) PW#2 - Admin Areas & l~estrooms Mon- Fri (5 days/wk) Clean after PW#3 - Admin Areas & Restrooms Mon - Fri (5 days/wk) 6:00 P.M. and before HESTER PARK COMPLEX 7:00 A.M. Main Building Sun - Sat (7 days/wk) Office/Restroom Building Mon - Fri (5 days/wk) Concession Building Mon - Fri (5 days/wk) E Galaxy Park Rest'rooms Mon - Fri (5 days/wk) Palmetto Greens Park Restrooms Mon - Fri (5 days/wk) Pioneer Canal Park Restrooms Mon - Fri (5 days/wk) Clean after Sara Sims Park Office & Restrooms Mon - Fri (5 days/wk) 6:00 P.M. and Wilson Center Mon - Fri (5 days/wk) before Wilson Pool Restroom May 25th - Sept 15th: 7:00 A.M. Mort - Fri (5 days/wk) Sept 16th - May 24th: Wed & Fri (2 days/wk) F City Hall in the Mall Mon - Fri (5 days/wk) Clean after Congress Avenue Park Club Sun - Sat (7 days/wk) 6:00 P.M. and Fire Station #3 Admin Areas Tue & Thur (2 days/wk) before Pistol Range Admin Areas Tue & Thur (2 days/wk) 7:00 A.M. Meadows Park Restrooms Mon - Fri (5 days/wk) AREA BUILDING WORK SCHEDULE TIME G Little League Park Restrooms Sun - Sat (7 days/wk) Clean after Pence Park Restrooms Mon - Fri (5 days/wk) 6:00 P.M. and Senior Center Mon - Fri (5 days/wk) before 7:00 A.M. H OCEANFRONT PARK COMPLEX Headquarters building Sun - Sat (7 days/wk) Clean after Men's Restroom Building Sun - Sat (7 days/wk) 6:00 P.M. and Women's Restroom Building Sun - Sat (7 days/wk) before 7:00 A.M. I East Water Treatment Plant Offices Mon - Fri (5 days/wk) Clean after Utilities Administration Building Mon - Fri (5 days/wk) 6:00 P.M. and before 7:00 A.M. J1 & J2 BOYNTON MEMORIAL PARK Clean after J1 COMPLEX 6:00 P.M. and J2 Mausoleum Chapel Area Mon, Wed & Fri (3 days/wk) before Maintenance Bldg. Office/Restroom Mon, Wed & Fri (3 days/wk) 7:00 A.M. VII.-CONSENT AGENDA ITEM B.4 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Meeting Dates [] August 6, 2002 [] August 20, 2002 [] September 3, 2002 [] September 17, 2002 Date Final Form Must be Turned in to City Clerk's Office July 17, 2002 (5:00 p.m.) August 5, 2002 (Noon) August 19, 2002 (Noon) September 3, 2002 (8:00 a.m.) Requested City Commission Date Final Form Must b?~umed Meeting Dates in to City Clerk's O~e [] October 1,2002 September 16, 2002 :7? [] October 15, 2002 September 30, 2002 (Noo.n) [] November 6, 2002 October 14, 2002 (No .c~. [] November 19, 2002 November 5, 2002 (N~ri) :'( NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Motion to award the Request for Proposal for the "Rewriting of Land Development Regulations for the City of Boynton Beach", RFP #065-2414-02/KR, to The RMPK Group, Inc. in the amount of $70,000.00. EXPLANATION: At the request of the City Manager's Strategic Initiative Team 2.10, a Request for Proposal was issued for this task. On July 9, 2002, six (6) proposals were received and tabulated by Procurement Services. An Evaluation Committee was formed consisting of nine members who met for the first time July 30, 2002 to determine the top three consultants, based primarily on their knowledge of land development regulations and redevelopment, proposed approach, and qualifications of the individual/firm. The top three consultants were Duncan Associates, Michele Mellgren & Associates, and The RMPK Group, Inc. On August 20, 2002 the top three consultants delivered a presentation to the Evaluation Committee which was followed by a question/answer session, giving each consultant an equal opportunity to respond to the committee. The RMPK Group, Inc. received the highest number of points. Michael Rumpf, Planning & Zoning Director and Lusia Galav, Principal Planner, along with the Evaluation Committee recommend award to The RMPK Group, Inc. The names of the committee members, Planning & Zoning Memo #02-176, and evaluation/interview scoring sheets are attached. PROGRAM IMPACT: The purpose of the Request for Proposal is to secure the services of a qualified consultant to review, rewrite, and reorganize the existing Land Development Regulations focusing on a new approach, more redevelopment oriented and user friendly. FISCAL IMPACT: The $ 70,000.00 for this project was approved by Commission in the FY Budget 2001/02. are available in Account #001-2414-513-34-53. City Manager's Signature Direct r cc: File Department Name / City Att~Ph~, / Finance / Human Resources Deputy DirectorofFinancialServices Michael Rumpf, Planning & Zoning Lusia Galav, Principal Planner ProcurementServices Funds S:kBULLETINkFORMSkAGENDA ITEM REQUEST FORM.DOC RESOLUTION NO. R02- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING THE AWARD OF RFQ #065-2414- 02/KR TO THE RMPK GROUP, INC,. IN THE AMOUNT OF $70,000 FOR THE REWRITING OF LAND DEVELOPMENT REGULATIONS FOR THE CITY OF BOYNTON BEACH; AUTHORIZING EXECUTION OF THE CONTRACT DOCUMENTS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, upon recommendation of staff, the City Commission of the City )f Boynton Beach does hereby approve the award of RFQ #065-2414-02/KR to the .~IPK Group, Inc,. in the amount of $70,000 for the Rewriting of Land Development ~egulations for the City of Boynton Beach; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY UOMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Commission of the City of Boynton Beach, Florida, aercby approves the award of RFQ #065-2414-02/KR to the RMPK Group, [nc,. in he amount of $70,000 for the Rewriting of Land Development Regulations for the 7ity of Boynton Beach, and authorizes execution of contract documents. A copy of ;aid Contract is attached hereto. Section 2. That this Resolution shall become effective immediately. :\CA\RESO~Agreements\Bid Awards'Award of RFQ -RMPK Group - LDR Rewrite.doc PASSED AND ADOPTED this __ day of September, 2002. CITY OF BOYNTON BEACH, FLORDA Mawr Vice Mayor Commissioner Commissioner ;T: Commissioner Clerk ~orate Seal) I Awards~,ward of RFQ -RMPK Group - LDR Rewrite.doc CONSULTANT AGREEMENT FOR REWRITING OF LAND DEVELOPMENT REGULATIONS FOR THE CITY OF BOYNTON BEACH THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to as "the City", and THE RMPK GROUP, INC., hereinafter referred to as "the Consultant", in consideration of the mutual benefits, terms, and conditions hereinafter specified. PROJECT DESIGNATION. The Consultant is retained by the City to perform consultant services in connection with the project designated "Rewriting of Land Development Regulations for the City_ of Boynton Beach". 2. SCOPE OF SERVICES. Consultant agrees to perform the services, identified on Exhibit "A" attached hereto, including the provision of all labor, materials, equipment and supplies. o TIME FOR PERFORMANCE. Work under this contract shall commence upon the giving of written notice by the City to the Consultant to proceed. Consultant shall perform all services and provide all work product required pursuant to this agreement by twelve (12) months from the date written notice is given to proceed, unless an extension of such time is granted in writing by the City. 4. PAYMENT. 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 as provided on Exhibit "B" attached hereto, provided that the total amount of payment to Consultant shall not exceed $ 70,000.00 without express written modification of the agreement signed by the City. 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 checked by the City, and upon approval thereof, payment will be made to the Consultant in the amount approved. Co 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. do 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. The Consultant's records and accounts pertaining to this agreement are to be kept available for inspection by representatives of the City and State for a period of three (3) years after final payments. Copies shall be made available upon request. CA-1 o o o o OWNERSHIP AND USE OF DOCUMENTS. All documents, drawings, specifications and other materials produced by the Consultant in connection with the services rendered under this agreement shall be the property of the City whether the project for which they are made is executed or not. 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. COMPLIANCE WITH LAWS. Consultant shall, in performing the services contemplated by this service agreement, faithfully observe and comply with all federal, state and local laws, ordinances and regulations that are applicable to the services to be rendered under this agreement. INDEMNIFICATION. Consultant shall indemnify, defend and hold harmless the City, its offices, agents and employees, from and against any and all claims, losses or liability, or any portion thereof, including 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 occasioned by a negligent act, omission or failure of the Consultant. INSURANCE. It shall be the responsibility of the successful proposer to maintain workers' compensation insurance, property damage, liability insurance and vehicular liability insurance, during the duration of this contract. The Consultant shall secure and maintain in force throughout the duration of this contract comprehensive general and automobile liability insurance with a minimum coverage of $ 1,000,000 per occurrence and $ 1,000,000 aggregate for personal injury; and $1,000,000 per occurrence/aggregate for property damage and professional liability insurance in the amount of $ 1,000.000. The Consultant shall secure and maintain in force throughout the duration of this contract Worker's Compensation insurance of Statutory limits. Said general liability policy shall name the City of Boynton Beach as an additional named insured and shall include a provision prohibiting cancellation of said policy except upon thirty (30) days prior written notice to the City. Loss by fire or any other cause shall be the responsibility of the vendor until such time as the items and/or work has been accepted by the City_. The vendor shall furnish the City with a certificate of insurance after award has been made prior to the start of any work on City property. Said insured companies must be authorized to do business in the State of Florida and the City will not accept any company that has a rating less than B+ in accordance to A.M. Best's Key Rating Guide, latest edition. INDEPENDENT CONTRACTOR. The Consultant and the City agree that the Consultant is an independent contractor with respect to the services provided pursuant to this agreement. Nothing in this agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither Consultant nor any employee of Consultant shall be entitled to any benefits accorded City employees by virtue of the services provided under this agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to Consultant, or any employee of Consultant. CA-2 10. COVENANT AGAINST CONTINGENT FEES. 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 price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 11. DISCRIMINATION PROHIBITED. The Consultant, with regard to the work performed by it under this agreement, will not discriminate on the grounds of race, color, national origin, religion, creed, age, sex or the presence of any physical or sensory handicap in the selection and retention of employees or procurement of materials or supplies. 12. ASSIGNMENT. The Consultant shall not sublet or assign any of the services covered by this agreement without the express written consent of the City. 13. NON-WAIVER. Waiver by the City of any provision of this agreement or any time limitation provided for in this agreement shall not constitute a waiver of any other provision. 14. TERMINATION. a. The City reserves the right to terminate this agreement at any time by giving ten (10) days written notice to the Consultant. In the event of the death of a member, partner or officer of the Consultant, or any of its supervisory personnel assigned to the project, the surviving members of the Consultant hereby agree to complete the work under the terms of this agreement, if requested to do so by the City. This section shall not be a bar to renegotiations of this agreement between surviving members of the Consultant and the City, if the City so chooses. 15. DISPUTES. Any dispute arising out of the terms or conditions of this agreement shall be adjudicated within the courts of Florida. Further, this agreement shall be construed under Florida Law. 16. NOTICES. Notices to the City of Boynton Beach shall be sent to the following address: City of Boynton Beach P.O. Box 310 Boynton Beach, FL 33425-0310 Attn: Lusia Galav, Principal Planner Notices to Consultant shall be sent to the following address: The RMPK Group, Inc. 1519 Main Street Sarasota, FL 34236 Attn: Russell G. Moore CA-3 17. INTEGRATED AGREEMENT. This agreement, together with attachments or addenda, represents the entire and integrated agreement between the City and the Consultant and supersedes all prior negotiations, representations,, or agreements written or oral. This agreement may be amended only by written instrument signed by both City and Consultant. DATED this __ day of ,20 CITY OF BOYNTON BEACH Mayor Consultant Attest/Authenticated: Title City Clerk (Corporate Seal) Approved as to Form: Attest/Authenticated: Office of the City Attorney Secretary Rev. l/22/91 CA-4 EXHIBIT "B" SCOPE OF SERVICES The process of rewriting the Land Development Regulations will focus on three (3) major goal areas: 1. Substantive Goals · Offer a range of housing options · Maintain existing character of established neighborhoods · Facilitate redevelopment and Infill development, particularly in the Community Redevelopment Area (CRA) · Maintain consistency with recommendations in the Community Redevelopment Plan, Vision 20/20 Plan, Heart of Boynton Study, and the U.S. 1 Corridor Study · Implement and maintain consistency with the adopted Comprehensive Plan · Maintain consistency with the new Engineering Standards Manual · Meet the minimum requirements of Florida Statutes, Chapter 163, regarding Land Development Regulations · Facilitate mixed use development · Address opportunities for increased densities, particularly in the CRA · Encourage new urbanism alternatives to conventional suburban forms of development · Refine the current suburban regulations to achieve improved community design · Incorporate "Best Development Practices" of the State Department of Community Affairs · Revise definitions as appropriate 2. Process Goals · Predictable - Similar circumstances should produce similar results · Understandable - General public should be able to comprehend the code · Enforceable - Easily enforceable by the City's administration · Provide more opportunities for administrative approval of development plans 3. Format Goals · Increase the use of graphics, charts and tables in place of voluminous text · Specifically include a readable Zoning Use table · Eliminate redundancy, duplication of procedures, and internal inconsistencies · Increase usability of the document by clearly identifying information and its location · Provide a consistent cross-reference method CA-5 Deliverables: It is expected that the end product will, at a minimum, produce the following items or procedural elements: 7. Draft Land Development Regulation document to include one (1) original, so designated, and 15 copies, which will be reproducible and available as a bound document and in an acceptable digital format. 8. Graphic display and executive summary to describe the proposed regulations, particularly the contrast or comparison with current regulations. Graphic display may include charts, tables, or drawings suitable for an overhead projector or Powerpoint presentation. 9. A public review and input process to include public workshops and meetings in addition to the statutory review and approval process. 10. Presentation of all draft information to the following Boards or Committees: a. Technical Advisory Committee (TAC) - One (1) meeting b. Strategic Initiative 2.10 Team - One (1) meeting c. Community Redevelopment Agency (CRA) - Minimum of two (2) meetings d. Planning and Development Board - Minimum of two (2) meetings 11. Presentation at City Commission workshop meeting - Minimum of one (1) meeting 12. Attendance and presentation at all adoption public hearings before the City Commission -Minimum of two (2) meetings. It is noted that all work products resulting from this project will be the exclusive property of the City of Boynton Beach. Budget and Timetable: The budget for the Rewriting of the Land Development Regulations is a fixed fee of $ 70,000.00. The contract period shall not exceed twelve (12) months from a formal notice to proceed. The Consultant will be required to provide written status reports on the 30th of each month for the period of the contract. CA-6 DEVELOPMENT DEPARTMENT PLANNING AND ZONING MEMORANDUM NO PZ 02-176 TO: FROM: THROUGH: DATE: SUBJECT: Bill Atkins Deputy Director~inance/Purchasing Agent Lusia Galav- ~.J5 Principal Michael Rumpf Planning & Zoning Director August 26, 2002 Rewriting of Land Development Regulations RFP# 065-2414-02/KR The City Commission authorized the amount of $70,000 to hire a consultant to rewrite the Land Development Regulations (LDR's) for the City. The budget amount is appropriated in account /g)01-2414-515-34-53. As stated in the Request for Proposal, the City is seeking the services of a qualified consultant to review, rewrite, and reorganize the existing Land Development Regulations focusing on a new approach, more redevelopment oriented and user friendly. Rewriting the LDR's is also a recommendation of the City Manager's Strategic Initiative Team 2.10. The RFP was initiated and advertised at the end of June 2002. Proposals were received and opened on July 9, 2002. A committee (see attached list) reviewed the six (6) written proposals received. On July 30, 2002 the committee met and selected the top three f'n'ms to be scheduled for interviews. The interviews of the three candidates were conducted on August 20, 2002. Based on the results of the rating scores the committee ranked the three firms as follows: 1. The RMPK Group 2. Michele Mellgren & Associates 3. Duncan Associates Therefore the committee recommends The RMPK Group be awarded the contract for this project. Please forward this recommendation to the City Commission for their review and approval at the next available meeting. Thank you for your assistance. Attachment 0~14~2 CONSULTANT SELECTION COMMITTEE Quintus Greene - Development Director Mike Rumpf - Planning and Zoning Director Lusia Galav - Principal Planner (Project Manager) Dick Hudson - Senior Planner Hanna Matras - Planner Dave Kelley - Engineering Division Dale Sugerman - Asst. City Manager Mike Friedland - P&D Board Member Jose Aguila - CRA Board Member H- Z U,I z= ~ ~0 zz.5 ~' oo~ ~03 OZ w Z-- mmm z ~- z ~'~ 4.~ zz z ~o~ ~ ,,,o z ~-,,=, ~ g ~ ~<~ >- o ~ z r _~ ow r-', 0 Zz -- UJ -- OW n =-~ >- o ~4 .. Z ~ rr Om - . o ,,, ,,, ,,, ~.!~_~<=,,,oZ ,, ~ ~~, ~>' o,,, o ,- , w zZ >. n _ r~.. w wO :~ o3 o~ ...... ~ ~__ Z o ~ ~ w z o ~a o w <_ z 03 -- 0 0 z w ;~ n ,~ z o~- o ~ O~ u_ _ , - o_ < o~ ~ n (Y) Z ~) 03 ~ 03 ~ --W 0 n~ ~- :~,'ru - w n w 0 0 w~ O~ ,~ - - n u-Z u-~ ,w 08/20/02 INTERVIEW QUESTIONS 1. What experience does the project manager have in preparing Land Development Regulation rewrites? Give examples. 2. What are, in your experience, the main issues in land development regulations as applied to redevelopment areas? At present, we have 5 single-family zoning districts, all fairly suburban in nature. Should these be collapsed to fewer districts? Would new urbanist principles be applicable for these districts? Some of the new urbanist design concepts are inconsistent with traditional engineering standards. Have you encountered this problem and how did you address it? What is your preference? 5. What is your experience in solving the current non-conforming use/lot issue as it relates to redevelopment? 6. How will you handle non-conforming uses/lots that occur because of the LDR Rewrite? 7. What is your opinion regarding the use of overlay districts? 8. Define a "user friendly" Development Review Process. 9. What features of the public participation process do you consider critical for the success of the project? Requested City Commission Meeting Dates [] August 6, 2002 [] August 20, 2002 [] September 3, 2002 [] September 17,2002 VII.-CONSENT AGENDA ITEM B.5 CITY OF BOYNTON BEAC[ AGENDA ITEM REQUEST FOI vt Date Final Form Must be Turned in to Ci Clerk's Office July 17, 2002 (5:00 p.m.) August 5, 2002 (Noon) August 19, 2002 (Noon) September 3, 2002 (8:00 a.m.) Requested City Commission [] October 1,2002 [] October 15, 2002 [] November 6, 2002 [] November 19, 2002 Date Final Form Must bY Turned : September 16, 2002 (No~a_'~ September 30, 2002 (Noon) October 14, 2002 (Noon) November 5, 2002 (Noon) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Motion to extend the "ANNUAL CONTRACT FOR LANDSCAPE MAINTENANCE", Bid #081-2730-01/KR, for thirty (30) days, or until such time a new contract is in place. The estimated expenditure for a thirty day period is $ 51,252.00.. (New Bid #084-2730-02/KR) CONTRACT PERIOD: OCTOBER 4, 2002 TO NOVEMBER 3, 2002 (or until such time new contract is in place) EXPLANATION: On September 19, 2001, the City Commission approved the extension of this contract for a one (1) year period, which will expire on October 4, 2002. A new bid is being processed by Procurement Services and is scheduled to open September 10, 2002. This thirty day extension will allow Procurement Services and Public Works/Parks ample time to review the new bid results and make a recommendation. All five landscape vendors have agreed to this extension. PROGRAM IMPACT: The purpose of this bid is to provide the best quality landscape maintenance service available at the most economical price for different areas within the City of Boynton Beach. FISCAL IMPACT: BUDGET ACCOUNT # PARKS MAINTENANCE 001-2730-$72.46-95 Deputy Director o~ Financial Services Procurement Services Department Name ESTIMATED EXPENDITURE FOR THIRTY DAYS $ 51,252.00 C~ty 1V~nager's Signature City Attorney ~(inance / Huma Resources cc: Jeff Livergood, Public Works Director Chris Roberts, Assistant Public Works Director Norm Turner, Crew Supervisor Glenda Hall, Parks Manager File S:\BULLETIN~FORMS~AGENDA ITEM REQUEST FORM.DOC Through: From: Subject: Date: DEPARTMENT Of PUBLIC WORKS MEMORANDUM #02-094 Bill Atkins, Deputy Director of Finance Glenda Hall, Parks Manager.~-~ Norm Turner, Crew Supervisor RECEIVED AUG 05 2OO2 PROCUREMENT SERVICES Extension of Annual Contract for Landscape Maintenance for 30 days August 1, 2002 The current Annual Contract for Landscape Maintenance will need an extension for 30 days in order to process the new 2002-2003 Annual Contract for Landscape Maintenance through the bid procedure. The current contract expires October 4, 2002 and the extension of 30 days will need estimated funds of $51,234 as ouUined below. Purchase orders for the current vendors will be generated as follows for the month of October: AAA GREEN THUMB $ 2,942 TARE LANDSCAPE $ 8,039 FIRST GENES[S $18,600 S'FZLES LANDSCAPE $ 6,964 VILA & SON $ 14,707 Please call if you have any questions. CC: Christine Roberts, Assistant Director of Public Works The City of Bovnton Beach procurement Services 1 O0 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 3342.5-0310 Telephone No: (561) 742.6320 FAX: ($61) 742.6306 NAME OF BID: ,,ANNUAL CONTRACT FOR LANDSCAPE MAINTENANCE" BID#: 081-2730-01/KR Agreement between the City of Boynton Beach, Owner; and AAA-1 GREEN THUMB (Company's Name) Yes, I agree to extend the existing contract under the same Terms and Conditions, for an additional thirty (30) days, _or until such time a new contract is in place: I also agree to submit a current Certificate of Insurance along with this agreement, naming the City of Boynton Beach as additional insured. No, I do not wish to extend the contract at this t /- NAME OF COMPANY NAME OF REPRESENTATIVE (please print) ~ATE TITLE TELEPHONE NUMBER America's Gateway to the Gulfstream . ci{y of Boynton Bea¢ FO. t~ 3tO No: (I&l) 742.6520 TO: ~4~_]06 NAME OP B~D: "A]~_U. AL C'~..LANDSt2At, E MAINTENANCE" A~rccmont between the City oFBuynton/Jcach, Owner; _~IRST GENESIS L~WN ~ERVICE, l~ (Company's N~nc) Y~s, I agree to cxtcnd the existing contract under the smnc Tcnns m~d C. ~hbons, /or ~ ad~tional ~ (30) days, or un~l ~uch time anew conlract is h~ niece. 1 ai~o agree to subnfit a cu~ent Ce~ficate of rn~uranc~ ~long with tlUs a~eement, n~in8 ~e City ur Buynton Bcaeh mq additional No, I do not wish to ex tend lbo contracl at this NAME OF COMPANy SIGNATURE NAlVlE OF R~PRESF. NTATIVE ..... (please print) tITLE IEL~J'HON~ N~qVlBER The City of Bo nton Beach Procuremene Services 100 E. Boynton Beach Boulevard P.O. Box 310 Bo~eon Be~h, FIo~da ~34~5-0310 Tel~ho~ No: (561) 74~-63~0 F~: (561) 742-6~06 RECEIVED AL}G 12 2~02 PROCUREMENT SERVICES NAME OF BID: "ANNUAL CONTRACT FOR LANDSCAPE MAINTENANCE" BID#: 081-2730-01/K1~ Agreement between the City of Boynton Beach, Owner; and STILES LANDSCAPE CO. (Company' s Name) Yes, I agree to extend the existing contract under the same Terms and Conditions, for an additional thirty (30) days, or until such time a new contract is in place.. I also agree to submit a current Certificate of Insurance along with this agreement, naming the City of Boynton Beach as additional insured. No, I do not wish to extend the contract at this time. NAME OF COMPANY NAME OF REPRESENTATIVE (please print) DATE TITLE TELEPHONE NUMBER America's Gate~ay to the Gulfstream z.; e CiV of Boynton Beach Procurement Services !00 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425.0310 Telephone No: (561) ;42-6320 FAX: (561) 742-6306 NAME OF BID: "ANNUAL CONTRACT FOR LANDSCAPE MAINTENANCE" BID#: 081-2730-01/KR Agreement between the City of Boynton Beach, Owner; and TARE LANDSCAPE (Company's Name) I agree to extend the existing contract under the same Terms and Conditions, for an additional thirty (30) days, or until such time a new contract is in place. I also agree to submit a current Certificate of Insurance along with this agreement, naming the City of Boynton Beach a~ additional insured. No, I do not wish to extend the contract at this time. -z~"-~-~/~NAME ~//'/OF COMPANY NAME OF RE/PRESENTATIVE (plea~ print) ~ATE TELEPHONE NUMBER A.~rica's Gate~vav to the Gulfstream city of Bo nton Beach Procurement Services I00 E. Boyn~on Beach Boulevard P.O. Bos 310 Boyn,onBeac~,Flor~da334~5'0310 R E C E ! VED Tel~ko~ No: (561) 742-6320 ~: ~s~; ;4:-6s~ AUG 2 3 2~2 N~E OF BID: ,'ANNUAL CONTACT FOR L~DSCAPE M~NTE~C BID#: 081-2730-01/KR. Agreement between the City of Boynton Beach, Owner; and VILA & SON LANDSCAPING (Company's Name) Yes, I agree to extend the existing contract under the same Terms and Conditions, for an additional thirty (30) days, or until such time a new contract is in place, I also agree to submit a current Certificate of Insurance along with this agreement, naming the City of Boynton Beach as additional insured. No, I do not wish to extend the contract at this time. NAME OF COMPANY ' ' -- S'IGNA~I'URE NAME OF' REPRESENTATIVE (please print) ~tSq0~T' DATE TITLE TELEPHONE NUMBER America's Gate~ay to the Gulfstream VII.-CONSENT AGENDA ITEM B.6 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Meeting Dates [] August 6, 2002 [] August 20, 2002 [] September 3,2002 [] September 17, 2002 Date Final Form Must be Turned in to City Clerk's Office July 17, 2002 (5:00p.m.) August 5, 2002 (Noon) August 19, 2002 (Noon) September 3, 2002 (8:00 a.m.) Requested City Commission Meeting Dates [] October 1, 2002 [] October 15, 2002 [] November 6,2002 [] November 19, 2002 Date Final Form Must be Turned in to City Clerk's Office September 16, 2002 (Noon) September 30, 2002 (Noon) October 14, 2002 (Noon) November 5, 2002 (No~n) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unf'mished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: A motion to multi award Bid#068-1412-02/CJD "ANNUAL CONTRACT FOR AUTOMOTIVE PARTS AND SUPPLIES" on an overall basis broken down into two (2) sections: Warehouse Inventory and Non-Stocked items to the lowest, most responsible, responsive bidder who meets all specifications and with an estimated annual expenditure of: $150~000.00. CONTRACT PERIOD: OCTOBER 17, 2002 TO OCTOBER 16, 2003 EXPLANATION: On July 18, 2002, Procurement Services received and opened twelve (12) proposals for the above mentioned bid. It is recommended to award this bid to four (4) vendors on a "low bid" basis. The evaluating factors used in determining the award were based on a faxed list of parts to price using their "cost plus percent" discount as proposed in their bid. Eleven bidders submitted their pricing. S& H distributors did not respond. The results are as follows: WAREHOUSE INVENTORY: PRIMARY VENDOR: VEHICLE MAINT. PROGRAM SECOND VENDOR: NAPA AUTO PARTS THIRD VENDOR: BOYNTON AUTO SUPPLY NON-STOCKED PARTS: PRIMARY VENDOR: NAPA AUTO PARTS SECOND VENDOR: COLD AIR DIST. THIRD VENDOR: BOYNTON AUTO No considerations were given to Vehicle Maintenance Program for the Non-Stocked parts. This company only stocks filters and fluids and they have a seven (7) day turn around time on all special ordered parts. The provisions of this bid award will allow for a one (1) year extension at the same terms, conditions, and prices subject to vendor acceptance, satisfactory performance and determination that the renewal is in the best interest of the City. PROGRAM IMPACT: The purpose of this bid is to secure a source for the supply of automotive parts/supplies to be inventoried in our warehouse and ordered on an "as needed basis" for our Fleet Maintenance Department. S:\BULLETINWORMS~AGENDA ITEM REQUEST FORM.DOC C: Dominic DeMauro - Warehouse Manager File CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM FISCAL IMPACT: INVENTORY ACCOUNT: 502-000-141-000-00 Deputy ~)irector of Financial Services / ~ y~~3~ Procurement Services Department Name ESTIMATED EXPENDITURE: $150,000.00 ~ity ~anager's Signature City Attorney / Finance / Ituman Resources S:~BULLETIN~ORMS~AGENDA ITEM REQUEST FORM.DOC C: Dominic DeMauro - Warehouse Manager File The City of Boynton Beach Finance Department WAREHOUSE DIVISION TO: Bill Akins, Deputy Director of Financial Services~9~"-' FROM: Dominic DeMauro, Warehouse Manager DATE: August 15, 2002 SUBJECT: Annual Contract for Automotive Parts and Supplies BID # 068-1412-02/CJD I received the tabulation sheet from your office. There are twelve bidders. Each bidder was faxed a list of parts to price using their cost + discount. Eleven bidders submitted their pricing. S & H Distributors did not reply. This award is being broken down by overall low price. We are breaking it into two sections: Warehouse Inventory and Outside Vendor Parts. My recommendation is as follows: WAREHOUSE INVENTORY Primary Vendor: Vehicle Maintenance Program (This Vendor was Iow bidder on five items and second lowest on two items.) Secondary Vendor: Napa Auto Parts (This Vendor was low bidder on five items and second lowest on one item.) 08/15/2002 9:52 AM Third Vendor: Boynton Auto Supply (This Vendor was low bidder on two items.) NON - STOCKED PARTS Primary Vendor: Napa Auto Parts (This Vendor was low bidder on twelve items and second lowest on five items.) Secondary Vendor: Cold Air Distributors (This Vendor was low bidder on ten items and second lowest on five items.) Third Vendor: Boynton Auto Supply (This Vendor was Iow bidder on two items and second lowest on five items.) **No Consideration was given to Vehicle Maintenance Program for this section. This company only stocks filters and fluids. When speaking to this company (Barry), we were told they have a seven-day turn around time on all special order parts. Enclosed you will find a price analysis sheet and all Vendor faxes. 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'oe ;OZ~n Z Z Z Z Z Z Z Z Z Z ~¢~ -- ~ 0 0 0 0 0 0 0 0 0 0 ~ ~ > ~o 9 3> Z 0 0 0 C~ (D ~ "n · -4 03~ r'- m i'n 0 X1 Z ~--n rn"n :~ ~ rn < < ¢) .~ c~ a ITl m om ~ ~'~ mo g~ -- m© ~ o~__. ~ o ._,0 ~.e. -0o~r- ~ .>~ ~c o o o o o o - i'n r- -I m .~ ~>< 'o~" ;o z F~ m m ·" · m O cn ~ ._~.,,~ -13 :3>m ;;0 o;;0 ~ ~ 0 ~ ~ 0 c ~ o ~ ~ ~ 0 ~ ~ c~ ~ ~ ~ Z 0 0 Z Z m ~ m~ m o o~ ~ ~o ~ ~ ~0 ~ =m m ~ mo ~ffi ~ffi .~.0o '.ZZ z z 0 ~EL~Y LINCOLN MERCURY 3ENE~ GMC - & L DISTRIBUTORS ~OONE CHEVROLET(GREENACRE~ N~A AUTO P~TS O.C. TAYLOR MOTORS P~M B~CH SPRING CO. VEHICLE MAIN~N~CE PROG~ oo zc ~> ~ Z ~ '" <ICl m ~mm ~ ~ ~1~ ~ ~ ~ ~ ~ ~ ~ . ~ . ~ BO~TONA~OSUP~Y, INC. " ~- m ~o o~ Z Z;ZZZZ ~,~,zz ~ ~ ~ ~ ~ ~ ~ ~ ~ ; ~ ~ ~ ~ ~ I ~ ~ ~ ~ L & L DISTRIBUTORS z~, ~ ~zzz zz,~zz ~ , i Z Z Z Z Z ~OT~ TRUCK PARTS, INC. ~ Z ~ z~z~ ~z z~;~ zzzzzz ~ ~ > > ~ >i> > ~ ~ ~ >J> ~ ~ ~ ~ ~ ~ /EHICLE MAINTEN~CE PROG~ Z ~eD A'R D'STR'BUTORS ' ~N~C · -. ~OONE CHEVROLET(GREENACRES N~A AUTO PARTS TAYLOR MOTORS Requested City Commission Meeting Dates [] August 6, 2002 [] August20,2002 [] September 3, 2002 [] September 17, 2002 CITY OF BOYNTON BEACI AGENDA ITEM REQUEST FO Date Final Form Must be Turned in to City Clerk's Office July 17, 2002 (5:00 p.m.) August 5, 2002 (Noon) August 19, 2002 (Noon) September 3, 2002 (8:00 a.m.) Requested City cornn'assion Meeting Dates [] October 1, 2002 [] October 15, 2002 [] November 6, 2002 [] November 19, 2002 VII.-CONSENT AGENDA ITEM C.1 Date Final Form Must be Turned in to City Clerk's Office September 16, 2002 (Noon) September 30, 2002 (Noon) October 14, 2002 (Noon) November 5, 2002 (Noon) NATURE OF AGENDA ITEM RECOMMENDATION: [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report Approve a Resolution appointing the Palm Beach County Supervisor o,rElectio'fis to handle and canvas all absentee ballots for the November 5, 20 .o~.,Gener__al Election and if necessary, the November 19, 2002 Run-Off Ell~ti .o~,.-~o represent the Municipal Canvassing Board at all Logic & Accurac~TestS~.a~d to certify the election results. -~ EXPLANATION: This Resolution will allow the Supervisor of Elections to handle the above- mentioned on behalf of the Municipal Canvassing Board. PROGRAM IMPACT: None FISCAL IMPACT: N/A ALTERNATIVES: N/A Department Head's Signatur, d' ',~"/ City Clerk's Office ~'~ '~~Cit~er~nature City ArC'ney'/Finance/Human Resources S:\CCXWP~CCAGENDAXAgenda Request Memos~Agenda Item Request - Resolution to appoint Supervisor of Elections for 11-05-02.dot RESOLUTION NO. R02- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOY'NTON BEACH, FLORIDA, APPOINTING THE PALM BEACH COUNTY SUPERVISOR OF ELECTIONS TO HANDLE AND CANVAS ALL CITY ABSENTEE BALLOTS FOR THE NOVEMBER 5, 2002, GENERAL ELECTION, AND IF IT BECOMES NECESSARY, A RUN-OFF ELECTION, WHICH WILL BE HELD ON NOVEMBER 19, 2002, TO REPRESENT THE MUNICIPAL CANVASSING BOARD AT ALL LOGIC AND ACCURACY TESTS, AND CERTIFY ELECTION RESULTS; AUTHORIZING THE CITY CLERK TO NOTIFY THE PALM BEACH COUNTY SUPERVISOR OF ELECTIONS OF HER APPOINTMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Boynton Beach has designated Tuesday, November 5, 2002, as the date for the next General Election, and if it becomes necessary, a nm-off election which will be held on November 19, 2002; and WHEREAS, the City Commission of the City of Boynton Beach desires to appoint the Palm Beach County Supervisor of Elections to handle and canvas all city absentee ballots, :ertify election results, and represent the municipal canvassing board at all logic and accuracy ~ests to be held prior to the November 5, 2002, General Election and if it becomes necessary, run-off election which will be held on November 19, 2002. NOW, TI-IEREFORE, BE IT RESOLVED BY TI-IE CITY COMMISSION OF ?I-IE CITY OF BOYNTON BEACI-I~ FLORII)A~ TI-IAT: S~tion 1. The City Commission of the City of Boynton Beach, Florida does lereby appoints the Palm Beach County Supervisor of Elections to handle and canvas all city ~bsentee ballots for the November 5, 2002, General Election, and if becomes necessary a nm- vff election which will be held on November 19, 2002, represent the municipal canvassing board at all logic and accuracy tests, and certify election results. 5:\CA\RESOkAppointments~SuPerWsor of Elections 090602.doc Section 2. The City Commission hereby authorizes the City Clerk to notify the Palm Beach County Supervisor of Elections of her appointment to handle and canvas all city absentee ballots and represent the municipal canvassing board at all logic and accuracy tests to be held prior to the election. Section 3. That this Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this ~ day of September, 2002. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner ATTEST: Commissioner City Clerk (Corporate Seal) S:\CALRESO~AppointmentsXSupervisor of Elections 090602.doc VII.-CONSENT AGENDA ITEM C.2. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORN1 Requested City Commission Meetinc, Dates [] August 6, 2002 [] August 20, 2002 [] September 3, 2002 [] September 17, 2002 Date Final Form Must be Turned in to City Clerk's Office July 17, 2002 (5:00 p.m.) August 5, 2002 (Noon) August 19, 2002 (Noon) September 3, 2002 (8:00 a.m.) Requested City Commission Meeting Dates [] October I, 2002 [] October 15, 2002 [] November 6, 2002 [] November 19, 2002 Date Final Form Must be Tumed in to City Clerk's Office September 16, 2002 (Noon} September 30, 2002 (Noon) October 14, 2002 (Noon) November 5, 2002 (Noon) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Motion to approve and authorize signing of two Agreements for Water Service Outside the City Limits for, 1) A.E.Verzaal as owner and Holiday Organization, Inc. as contract vendee and 2) Stratford Greens, LLC as owner. EXPLANATION: The parcels covered by these two agreements are currently held under separate ownership, but when combined, will create a 35.49-acre parcel. The proposed site plan for this combined parcel will contain 143 single-family homes. The site is located outside of the City Limits, but within the Utilities service area, and therefore requires execution of water service agreements. The Agreement with Verzaal contains provisions for delaying recordation until title to the property is transferred to the contract vendee. This Department recommends that the Resolution for the agreement contain a provision limiting the time period for title transfer to no more than one year. PROGRAM IMPACT: The combined parcel is within the Utilities service area for water and sanitary sewer. Water Distribution and Sewage Collection systems adjacent to the site have been adequately sized to accommodate the anticipated flows. FISCAL IMPACT: None ALTl~RNATIVES: ~el is within the City's Utilities service area. Department Hff'ad's Signature City Manager's Signature UTILITIES Department Name City Attol'~ / l~inance / Human Resources S:\BULLETIN\FORMSXAGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM XC: Peter Mazzella (w/copy of attachments) Michael Rumpf " File S:\BULLETIN~FORMS\AGENDA ITEM REQUEST FORM.DOC RESOLUTION NO. R02- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE TWO AGREEMENTS FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXATION BETWEEN THE CITY OF BOYNTON BEACH AND (1) A.E. VERZAAL AS OWNER AND HOLIDAY ORGANIZATION, INC., AS CONTRACT VENDEE AND (2) STRATFORD GREENS, LLC AS OWNER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the parcels covered by these two agreements are currently held under separate ownership, but when combined, will create a 35.49 acre parcel, which will contain 143 single-family homes; and WHEREAS, the subject properties are outside of the City Limits, but within our service area, located in an unincorporated area of Palm Beach Cotmty; and WHEREAS, City policy requires annexation of the property to be serviced at the practicable time, as a condition of the granting of water services outside its urisdictional limits; and WHEREAS, the Agreement with Verzaal contains provisions for delaying until title to the property is transferred to the contract vendee, which transaction be concluded within one year from the date of this Agreement, or the Agreement will be and void. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as true and correct and are hereby made a specific part of this Resolution upon adoption - Holiday Org and Stratford Greens Water Service Agr. doc Section 2. The Mayor and City Clerk are hereby authorized and directed to a Water Service Agreement between the City of Boynton Beach, Florida and (1) A.E. as Owner and Holiday Organization, Inc., as Contract Vendee, and (2) Stratford Greens, LLC as Owner, copies of said Agreements being attached hereto and made a part hereof. Section 2. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this ~ day of September, 2002. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner City Clerk S:\CA\RESO~Agreements\Water Service\Verzaal - Holiday Org and Stratford Greens Water Service Agr.doc THIS INSTRUMENT PREPARED BY: James A. Cherof, Esquire Josias & Goren, P.A. 3099 East Commercial Blvd. Suite 200 Ft. Lauderdale, FL 33308 AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXATION THIS AGREEMENT made on this ,/ dayof t'~IAs~/tA/'V! ,2002, by and between A. E. VERZAAL (d/b/a Verzaal Farms) hereinafter called the "Customer", g~nd the CITY OF BOYNTON BEACH, a municipal corporation of the State of Florida, hereinafter called the "City". WHEREAS, Customer owns certain real property (" Property") outside of the jurisdictional limits of the City of Boynton Beach, Florida, as more particularly described in Exhibit "A" attached hereto and made a part hereof; and WHEREAS, Customer has requested that the City of Boynton Beach, Florida provide water service to the property owned by Customer; and WHEREAS, the City of Boynton beach has the ability to provide water service to Customer's property; and WHEREAS, Customer is under contract (the "Contract") with Holiday Organization, inc., a New York corporation (" Contract Vendee"), to sell the Property owned by Customer; and WHEREAS, in order for the Contract Vendee to obtain zoning approval for residential development from the Palm Beach County Board of County Commissioners, the Customer must be able to access water services; and and WHEREAS, Contract Vendee only requires water service if it purchases the Property from Customer; WHEREAS, the City of Boynton Beach has a policy which conditions the grant of water services outside of its jurisdictional limits on annexation of the property to be serviced into the City at the earliest practicable time; and WHEREAS, all parties recognize that this Agreement is valid only upon the purchase of the Property by Contract Vendee, at which time the Customer or the Contract Vendee will voluntarily annex the Property into the City of Boynton Beach; NOW THEREFORE, for and in consideration of the privilege of receiving water service from the Municipal Water System and the mutual covenants expressed herein, the City of Boynton Beach and the Customer, his heirs, successors and assigns, agree as follows: 1. The City agrees to provide Customer with water service from its Municipal Water System to service the real property described as follows and which Customer represents is owned by Customer: (Exhibit A) 2. The Customer and the City hereby agree that there are __ Equivalent Residential [:\WO RK\HO LIDAY~Verzali~kgratWatS ew.wpd Connections which City shall service. 3. The Customer agrees to pay all costs and fees of engineering, material, labor, installation and inspection of the facilities as required by the City of Boynton Beach Code of Ordinances or Land Development regulations to provide service to the Customer's premises. The Customer shall be responsible for installation in conformance with all codes, rules and regulations applicable to the installation and maintenance of water service lines upon the Customer's premises. All such lines shall be approved by the Director of Utilities and subject to inspection by the City Engineers. The City shall have the option of either requiring the Customer to perform the work necessary to conform the lines or the City may have the work performed on behalf of the Customer, in which case the Customer will pay in advance all estimated costs thereof, in the event the City has such work performed, the Customer will also advance such additional funds as may be necessary to pay the total actual costs incurred by the City. 4. Any water main extension made pursuant to this Agreement shall be used only by the Customer, unless written consent is granted by the City of Boynton Beach for other parties to connect. All connections shall be made in accordance with the Codes and regulations of Boynton Beach. 5. Title to aH mains, extensions and other facilities extended from the City Water Distribution System to and including the metered service to Customer shah be vested in the City exclusively unless otherwise conveyed or abandoned to the property owner. 6. The Customer agrees to pay all charges, deposits and rates for service and equipment in connection with water service outside the City limits applicable under City Ordinances and rate schedules which are applicable which may be changed from time to time. 7. Any fights-of-way or easements necessary to accommodate the connections shah be provided by the Customer to the City. 8. The Customer shall, contemporaneously execute and deliver to the City an Irrevocable Special Power of Attorney granting to the City the power and authority to execute and advance on behalf of the Customer a voluntary petition for annexation. Customer covenants that it shall cooperate with the City and not raise opposition or challenge to such annexation if and when annexation is initiated. The property shall be subject to annexation at the option of the City at any time the property is eligible under any available means or method for annexation. Customer will inform any and aH assigns or purchasers of any or part of this property of this covenant and of the irrevocable special power of attorney, but Customer's failure to provide such notice shall not constitute a defense or bar to the City's rights as set forth herein. The Customer acknowledges that the consideration of initially connecting to the City's water supply is sufficient to support the grant of the power of attorney any subsequent disconnection or lack of service shah in no way impair the power of attorney nor constitute a diminution or lack of consideration. 9. The Customer acknowledges that this covenant regarding annexation is intended to be and is hereby made a covenant running with the land described in paragraph I above. This Agreement and the power of attorney referenced herein is to be recorded in the Public Records of Palm Beach County, Florida, and the Customer and all subsequent transferee, grantees, heirs or assigns of Customer shah be binding on the Customer and all successors and assigns. 10. It is agreed that the City shall have no liability in the event there is a reduction, impairment · or temdnation in water service to be provided under this Agreement due to any prohibitions, restrictions, limitations or requirements of local, regional, State or Federal agencies or other agencies having jurisdiction over such matters. Also, the City shah have no liability in the event there is a reduction, impairment or termination of water service due to acts of God, accidents, strikes, boycotts, blackouts, fire, earthquakes, other casualties or other circumstances beyond the City's reasonable control. 11. The Customer hereby agrees to indemnify, defend and hold harmless the City of Boynton Beach, Florida, its Mayor, Members of the City Commission, Officers, employees and agents (Both in their individual and official capacities) from and against all claims, damages, law suits and expenses including reasonable attorneys fees (whether or not incurred on appeal or in connection with post judgment collection) 2 k \WO RK\HO L ID AY~Verzah~,AgmtWatSew.wpd and costs rising out of or resulting from the Customer's obligation under or performance pursuant to this Agreement. 12. No additional agreements or representations shall be binding on any of the parties hereto unless incorporated in this Agreement. No modifications or change in this Agreement shall be valid upon the parties unless in writing executed by the parties to be bound thereby. 13. This Agreement shall not be effective until and unless the Customer transfers legal fee title to the Property to the Contract Vendee or its successors or assigns in accordance with the terms of the Contract referred to above. Furthermore, no documents including this Agreement, shall be recorded unless title to the Property is so conveyed to Contract Vendee or to its successors or assigns. Upon such transfer of title, this Agreement shall be in full force and effect and all obligations hereunder on the part of Customer shall be automatically transferred and assumed by the grantee named in the deed from Customer conveying title to the Property as aforesaid, whereupon Customer, or his heirs and assigns, shah be deemed released from any further liability or obligation hereunder. WHEREOF, the parties hereto have set their hands and seals this ~)~) day of ,2002. Print Name: "~~% iF. ~ PrintName: Zff_.. FOR INDIVIDUAL(S) NOTARIZATION: STATE OF FLOR/DA ) ) SSi COUNTY OF PALM BEACH ) ' My Commission Expires 1 HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared A.E. VERZAAL to me known to be the person(s) described in and who executed the foregoing instrument that he/she acknowledged before me that he/she executed the same; that the individual w_as person_ally known to me or provided the following proof o f identification: myhand and official seal in the County and State last aforesaid this ~ ~ day of ,200 . Print Name: ~__ 3 k \WORK\ HO LIDAYXVer'zaLIkAgmtWatS ew.wpd WITNESS: CITY OF BOYNTON BEACH, FLORIDA Print Name: MAYOR ATTEST: CITY CLERK Print Name: STATE OF FLORIDA ) ) SS: COUNTY OF PALM BEACH ) I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared Mayor and ., City Clerk respectively, of the City named in the foregoing agreement and that they severally acknowledged executing same in the presence of two subscribing witnesses freely and voluntarily under authority duly vested in them by said City and that the City seal affixed thereto is the true corporate seal affixed thereto is the true corporate seal of said City. WITNESS my hand and official seal in the County and State last aforesaid this __ ,200 day of My Commission Expires: Notary Public, State of Florid Print Name: APPROVED AS TO FORM: LEGAL DESCRIPTION APPROVED: CITY ATTORNEY 4 I: \WO RK\HO LIDAY~Verzall~AgmtWat Sew.wpd CONSENT BY CONTRACT VENDEL The undersized hereby joins in this Agreement for Water Service Outside the City Limits and Covenant for Annexation for the purpose of acknowledging its consent. Print Name:~ HOLIDAY ORGANIZATION, INC., a New York Corj;Is~t~an~ _ ~.., . By / ~ sP,mO, Print Name: STATE OF NEW YORK) COUNTY OF ~S: HE FOREGOING INSTRUMENT was acknowledged before me this /'~7~ ~ay of ~c,zd~ , 2002, by Richard Sp.irio, as Vice President of The Holiday Organization, Inc., a New d~York corporation, who ~s known to me ~c .... ~ ...... -' ..... ' oath. My Commission Expires: ,~-~ "~_z:;:L"_zz:':_-:~ and wh~. ~i~l~/did not take an Notar~_~c, Sta~ of New Yor Print Name.'~ q' C_ ~-- /-- tar tU ~ JOYCE LAN~ Notary PuOiic. St-~e of Ne~ York No. 3~18239 I:\WO RK~HOLID AY~Verzatl~A~mtWatSew. 1 .wffd 5 EXHIBIT "A" The West Half of the following described land: The West Half of the West Half of the Northeast Quarter (NE ¼) of the Southeast Quarter (SE 1/4) of Section 2, Township 46 South, Range 42 East and the East 33 feet of the Northwest Quarter (NW lA) of the Southeast Quarter of Section 2, Township 46 South, Range 42 East, Palm Beach County, Florida, LESS therefrom the right- of- way of Lake Worth Drainage District Canal No. 29 and less the right-of- way for Flavor Pict Road as shown in Road Plat Book 3, Page 59; AND The East Half of the following described land: The West Half of the West Half of the Northeast Quarter of the Southeast Quarter of Section 2,Township 46 South, Range 42 East; and the East 33 feet of the Northwest Quarter of the Southeast Quarter of Section 2, Township 46 South, Range 42 East; LESS the right-of-way of Lake Worth Drainage District Lateral Canal No. 29; LESS AND EXCEPT Rights-of-Way for Flavor Pict Road including but not limited to that portion contained in that certain Order of Taking Case No. 95-1454 recorded in Official Record Book 8709, Page 216, of the Public Records of Palm Beach County, Florida. Also Described as: The West ¼ of the Northeast Quarter of the Southeast Quarter of Section 2, Township 46 South, Range 42 East; and the East 33 feet of the Northwest Quarter of the Southeast Quarter of Section 2, Township 46 South, Range 42 East. Less and except Rights-of-Way of Lake Worth Drainage District Lateral Canal No. 29, and LESS AND EXCEPT Rights-of-Way for Flavor Pict Road including but not limited to that portion contained in that certain Order of Taking Case No. 95-1454 recorded in Official Record Book 8709, Page 216, of the Public Records of Palm Beach County, Florida. [:\WO RK\HO LID AY~Verzall~,AgmtWat Sew.wpd THIS INSTRUMENT PREPARED BY: James A. Cherof, Esquire Josias & Goren, P.A. 3099 East Commercial Blvd. Suite 200 Ft. Lauderdale, FL 33308 IRREVOCABLE SPECIAL POWER OF ATTORNEY (By Individuals) STATE OF FLORIDA ) ) SS: COUNTY OF PALM BEACH ) I, A. E. VERZAAL (dgo/a Verzaal Farms), hereinafter "Grantee", hereby make, constitute, and appoint THE CITY OF BOYNTON BEACH, FLORIDA, true and lawful attorney in fact for Grantee and in Grantee's name, place and stead, for the sole purpose of executing on behalf of Grantee the power to initiate, maintain, and complete a voluntary petition for annexation of the real property described herein into the CITY OF BOYNTON BEACH. This power shall extend to the CITY OF BOYNTON BEACH full and complete authority to act on Grantee's behalf to accomplish annexation by any available means. The real property ("Property") which is the subject of this power is described as follows: SEE EHXIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF The Grantee hereby acknowledges that it has currently entered into a contract (the "Contract")for the sale of the Property to The Holiday Organization, Inc., a Florida corporation, or its successors or assigns ("Contract Vendee"). This Irrevocable Special Power of Attorney shall not be effective until and unless the Grantee transfers legal fee title to the Property to the Contract Vendee in accordance with the terms of the Contract. Upon such transfer of title, this Irrevocable Special Power of Attorney shall be in full force and effect and all obligations hereunder on the part E \WO RK\HO LIDAY~Verzalhln~vPower.wpd of Grantee shall be automatically transferred and assumed by Contract Vendee, its successors, heirs or assigns, whereupon Grantee shall be deemed released from any further liability or obligation hereunder. The powers and authority of my attorney, THE CITY OF BOYNTON BEACH, FLORIDA, shall commence and be in full force and effect on the ~ day of ,2002 and the powers and authority shall be irrevocable by Grantee. The Contract Vendee joins in this Irrevocable Special Power of Attorney for purposes of agreeing to the terms hereof. IN WITNESS WItEREOF, we have hereunto set our hands and seals the 0 (o day of ~ , in the year two thousand and two. f Print Name~~ ~' ~' Cctf-~ Print Name: HOLIDAY ORGANIZATION, INC., a New York Corporation By RICHARD SPIRIO, V.P. Print Name: STATE OF FLORIDA ) ) SS: COUNTY OF PALM BEACH ) 2 I:\WO RK\ HO LID AYXVerzalh IrrevPower. w!t~d _._OREGOING INSTRUMENT was~re me this {o/kO day of ,2002, by A.E. VERZAAL~is known to me-'6'v,who has produced , as identitication and wh~ did/did not take an oath. ~e~~~l,~~ / My Commission Expires: ~-~ Notary Public, State of Florid~t Print Name STATE OF NEW YORK) ) SS: COUNTY OF ) New oath. THE FOREGOING INSTRUMENT was acknowledged before me this __ day of ,2002, by Richard Spirio, as Vice President of The Holiday Organization, Inc., a York corporation, who is known to me or who has produced , as identification and who did/did not take an My Commission Expires: Notary Public, State of New York Print Name: 3 I'\WORK\HO LIDAY~Vet~alhlrrevPower.wpd EXHIBIT "A" The West Half of the following described land: The West Half of the West Half of the Northeast Quarter (NE ¼) of the Southeast Quarter (SE 1/4) of Section 2, Township 46 South, Range 42 East and the East 33 feet of the Northwest Quarter (NW ¼) of the Southeast Quarter of Section 2, Township 46 South, Range 42 East, Palm Beach County, Florida, LESS therefrom the right- of- way of Lake Worth Drainage District Canal No. 29 and less the right-of-way for Flavor Pict Road as shown in Road Plat Book 3, Page 59; AND The East Half of the following described land: The West Half of the West Half of the Northeast Quarter of the Southeast Quarter of Section 2,Township 46 South, Range 42 East; and the East 33 feet of the Northwest Quarter of the Southeast Quarter of Section 2, Township 46 South, Range 42 East; LESS the right-of-way of Lake Worth Drainage District Lateral Canal No. 29; LESS AND EXCEPT Rights-of-Way for Flavor Pict Road including but not limited to that portion contained in that certain Order of Taking Case No. 95- 1454 recorded in Official Record Book 8709, Page 216, of the Public Records of Palm Beach County, Florida. Also Described as: The West ¼ of the Northeast Quarter of the Southeast Quarter of Section 2, Township 46 South, Range 42 East; and the East 33 feet of the Northwest Quarter of the Southeast Quarter of Section 2, Township 46 South, Range 42 East. Less and except Rights-of-Way of Lake Worth Drainage District Lateral Canal No. 29, and LESS AND EXCEPT Rights-of-Way for Flavor Pict Road including but not limited to that portion contained in that certain Order of Taking Case No. 95-1454 recorded in Official Record Book 8709, Page 216, of the Public Records of Palm Beach County, Florida. 4 E \WO RK\HO LIDAY~V~Tzall~lrrevPower.wpd Ru~: 2 1 02 05/20/02 03:43p Land Desi{[n South 4'7B-5012 p. 15 l`1:¢g FAZ ,1059359042 IJ[I. PA. [~002 F.A.T.I.C File No. 27297.1 File No. L021072 Commitment No. FA-CC. L021072 SCHEDUi~ A Dam Issaed: June 21, 2002 Date Effective: June S, 2002 at 6:00 a.m. 2. Policy or Policies to be issue~ (a) A.L.T.A Owners Policy Form (10-17-1992)(with Florida Modilication$) Amount of Policy: $2,0011,000.00 Proposed Insured: Holiday Organization, Ins., (ia) A~LT,A Loan Policy (10-17-1992)(wlth Florida Modif~ons) Amount of Policy: ~ Insured: The estate or interest in the land described or referred tO in this Commitment and covered herein i= an estate or interest designated as follows; Fee Simple Title to ltm estate or interest in liqe land described or referred to in this CommibTent and covered herein (and designated as indicated in No. 3 above) is, at Ihs effective date hereof, vested in: A. R Verzaal d/b/a Verzaal Farms The land referred to in this Commitment is in the State of Florlcte, County of Palr~ Oeaoh, alqd desGribed as foliowe: See Attached ,e~hedule "A" THIS COMMITMENT I$ FUR~ BY FII~qT AMERICAN TITLE INSU~M~E OOMPANY O~ IT~ POLICY I,S~UING AGENT SOLELY FOR ~ ISSUANCE OFA POLIG"Y OR POLICI~.$ OF TITLE II~URANC~ OF FIRST AMERICAN ~ INSURAN(~ COMPAI~. ~ COMMITMENT IS ~ ~ ~ OR Afl OPINION OF TITLE.. LIABILITY UNDER THIS COMMITMENT IS DERNED BY AND LIMITED TO THE TERMS ANID CONDITION8 OF' THIS COMMITMENT AHD THE TITLE INSURANCE POLICY TO BE ISSUED, PERSONS AND ENTITIES ~IOT LISTED ABOVE AS PROPOSED INSURED& ARE NOT ENTrrLED TO RELY Lrl~fl THIS COMMrTMEHT FOR ANY laURlaOSE, Leopold, Kom & Leopold, P.A. Rug 21 02 O3:44p Land Design South 09/20/02 13:49 FAX 3059359042 L~L PA 478-5012 p.16 First American Title Insurance Company F.A.T.I.C File No. 27297,1 File No. L021072 Commiurmm No. FA-CC-L021072 SCHEDULE "A" The West Half of the following das~ibad land: The West Half of the West Half of the Northeast Quarter (NE %) of the Southaast Quarter (SE 114) of Sect~m 2, Township 46 South, Range 42 East and the East 33 feet of the Northwest Quarter (NW %) of the Southeast Quarter of Section 2, Township 46 South, Range 42 East, Palm Beach County, Florida, LESS therefrom the right- of- way of Lake VVmth Drainage District Canal No. 29 and less the right-of-way E~r Flavor Pict Road as shown in Road Plat Book 3, Page 59; AND The East Half of the following described land: The West Half of the West Half of the Northeast Quarter of the Southeast Quarter of Section 2,Township 46 South, Range 42 East; and the East 33 feet of the Northwest Quarter of the Southeast Quarter of Section 2, Township 46 South, Range 42 East; LESS the righ~:-of-way of Lake Worl~ Drainage District Lateral Canal No. 29; LESS AND EXCEPT Rights-of-Way for Flavor Pict Road including but not limited to that po(don contained in that certain Order of Taking Case No. 95-1464 rea)tried in OiTtclal Record Book 8709, Page 216, of the Public Records of Palm Beach County, Florida. Also Described as: The West % of the Northeast Quarter o~ the Southeast Quarter of Se<~Jon 2, Township 46 South, Range 42 East; and the East 33 feet of the Northwest Quarter of the Southeast Quarter of Section 2, Township 46 South, Range 42 East. Less and except Rights-of-Way of Lake VVofth Drainage District Lateral Canal No. 29, and LESS AND EXCEPT Rights-of-Way fm Flavor Pict Road including but not limited to that poffJon contained in that certain Order of Taldng Case No. 95-1454 recorded in Off=iai Record Book 8709, Page 216, of the Public Records of Palm Beach County, Fkxida. $CHgDUI..~ 2 Rug; :Pl O? O3: 44p Land ]]esi~:n South 08/20/02 13:49 FAX $055359042 LKL PA 478-5012 ~]004 p.l? First Amerfcan T' e Insurance Company F.A,T.I.C File No. 27297.1 Commitment No. FA-CC-L021072 No. L021072 The following are the requiremen~ tO be compli~:l with: 1. Payment to, or for Ihe acr=3unl of, the granlm1~ m' mortgagors of file full eonsidel~ion for tile es~te interest to 13e insured, 2. P~yment of all t~xes, assessments, levied and a~aes.~-~ agak~t ~ premix, w~'.h are due ancl rmyael,. 3. $atlefaetmy evidence shell be prmlu~e~l ffta~ al im~ and/or repai~ or altom~m'm than~o are completed; that cofllrac~or, subco~recler, labor and materi~ are all I~ tfl full. 4. Inslrument. in insurable form whioh must be pe~3efly ezra;uteri, delivemfl and duty filed for recx~rd: a. Warranty Deed from ^.R Verzaal: a single person or joined by spouse, if married d/b/a Verzaal Farms, to Holiday Organization, Inc., conveying the land described in Schedule A hereof. Releases from Tuscany Association, Inc., Coral Lakes Asesciaflon, lnc., and Oriole Homes Corp., to Holiday Organization. Inc., releasing any interest in and to that portion of the 'Ditch' lying on the Western I~undary of and within the pmpedy ~ be insured as reserved by deeds re~rded in Deed Book 61, Page 10; Deed Book 1'1t, Page 165 and Deed Book 11t, Page 235. Release of Declaration of Unity of Title recorded in Official Record Book 3620, Page 590. Written evidence from appropriate governmental authorities, that City and County special assessments liens, and water, and b'ash removal charges, if any, have been paid. Submit an Affidavit of Title, acceptable to the Company, executed by the Owner(s) sufficient to afford coverage over Standard Exceptions 1, 4 and 6 in the Policy to be issued to the insured(s), and shown in Schedule B -2 hereof as 2, 5 and 7. Satisfactory evidence must be furnished as to the proper incorpor;~on of Holiday Organization, Inc., prior to closing this transaction, together with proof as to the current status of said cmporation. The Company n~serves the right to make such additional requirements, as it may deem necessary. Ftug ~31 02 03:45p Land Design South 08/20/02 13:49 ¥)1~ 3059359012 L~L PA ~]005 p.18 First American Title Insurance Company F.A.T.I.C File No. 27297,1 File No. LO210?2 ~CHEDULE (nequimment~) Commitment NO. FA-CC-L021072 10, Survey prepamcl by a Flork~ registered land surveyor;, datecl no more than 90 d~/s prior to the closing date of subject trans~ction; certifmd to the proposed insured, First American T*(de Insurance Company, and all other parties in interest; meeting the mintrnum standards for all land surveys as set forth in Chapter 472.027, Fiodda Statutes or in Chapter 21 HH 6, Florida Administrative Code. Said survey must set forth ell easements, dght of ways and set i:ack lines shown in Schedule B- Section 2. The Company reserves the dght to add any additional exceptions and/or requirements it deems necessary. 11. Immediately prior to disbursement of the dosing proceeds, a search of the public records must be cm~tinued from the effective da~e hereof. The Company reserves the ~ht to raise such further exceptions and requirements as an examirmtion of the information revealed by such search requires, pmvi~.~l, however, that such excepUons or requiren~nts shall not relieve the Company for Its liability under this Commitment arising fi'om the matters which would ~ revealed by such search, to the extent that the Company, or its Agent countersigning this Commitment, has di,abu~ said proceeds, Note: Real Property Taxes for the year 2001 under property control no. 00-42. 46-02-00-000-5110 has been paid in the amount of $2,394.50 on November 27, 2001. Gross amount $2,494.50 4 Rug 21 02 O3:46p Land Design South 08/20/02 13:50 FA/ 3059359042 LKL PA 478-5012 ~006 p.19 First American Title Insurance Company F.A.T.I.C File No. 27297.1 File No. L021072 SCHEDULE B-ti Commi~ent No. FA-CC-L021072 $che<tule B of the policy or policies te be issued will contain exceptions to the following matters unless the s~na are disposed of to the sm~f'aclJon of the Company. Defects, liens, encumbrances, adverse claims, or other matters, if any, created, first appeanng in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed Insured acquires for value of mc, oM the estate or Interest or mortgage thereon covered by this Commitment. Rights of claims of parties in possession not shown by the public records. Eas~nents, or claims of easements, not shown by the I~Jblic records, Enoroaohments, ovedal~, boundary line disputes or other matters which would be disclosed by an ac, curate survey or inspection of the premises. Any lien, or right to a lien, for services, labor or material Iqeretofore or hereafter furnished, imposed by law and not shown by the public records. Any adverse claim to any portion of aald land which has been created b,/ artificial means or has accreted to any such portion so created and riparian rights, if any. Taxes or special assessments which are not shown as existing liens by the public recorcl~, Palm Beach County property taxa. for the year 2002 and e~baequant years, which are not yet due and payable. Any lien afieing under chapter 159, Florida Statutes, in favor of any city, town, village or port authority for unpaid sewice charges for service by any water system, sewer system, or gas system se~icing the lands described herein. 10. Resewations and restrictions as contained in Deed Book 61. Page 10; Deed Book 111, Page 165 and Do. od Book 111, Page 235. Note: 'l'his exception will be deleted from the final policy upon ~ompliance with Item 5 of Sohedule B-1. 11. Order relating to the Lake Worth Drainage District recorded in Official Re~ord Book 6495, Page 761. 12. Declaration of Unity of Title recorded in Official Record Book 3620, Page 590. Rug 21 02 03:46p Land Design South 08/20/02 13:$0 FAZ 3059355042 LKL PA 478-5012 ~]oo? p.20 First American Title Insurance Company F.A.T.I.C File No. 27297. I Commitment No. FA-CC-L021072 File No- L021072 15. Agreement for Water Servioe Outside the City Limits by and betm.=en A. R. Ver-zaal and the City of goynton Beach as recorded in Official Record Book 8872, Page 911. Riparian and/or littoral rights are neither guaranteed nor Insured. ALL IN THE PUBUC RECORDS OF PALM BEACH COUNTY, FLORIDA I AGREEMENT FOR WATER SERVICE OUTSI'DE THE CTTY I TMTTS AND COVENANT FOR ANNEXA'I'~ON TH:IS AGREEMENT made on this ~ day of ~~ ,2002. by and between Stratford Greens LL~: hereinafter called tt~u~", and the Ct'fY OF BOYNTON BEACH, a munidpal corporation of the State of Florida, hereinafter called the WHEREAS, Customer owns real property outside of the jurisdictional limits of the City of Boynton Beach, Florida; and WHEREAS, Customer has requested that tJ~e City of Boynton Beach, Flodda provide water service to the property owned by Customer; and WHEREAS, the City of Boynton beach has the ability to provide water service to Customer's property; and WHEREAS, the City of Boynton 8each has a po~'y which conditions the grant of water services outside of its jurisdictional limits on annexation of the property to be serviced into the City at the earliest practicable time. NOW THEREFORE, for and in considera~ of the privilege of receiving water service from the Munidpal Water System and the mutual covenants expressed herein, the City of Boynton Beach and the Customer, his heirs, successors and assigns, agree a~ follows: ~. The Ce/agrees to provide Customer with water servk:e from rcs Municipal Water System to service the real property described as follows and which Customer represents is owned by Cus'eomer: (Exhibit A) 2. The Customer and the City hereby agree that there are ~ Equivalent Residential Connections which CRy shall service. 3. The Customer agrees to pay all costs and fees of encjineedng, material, I~hfu- in~-',k'~llal'b~n :anti ineru~fi~n nf ~ f"'.~il~ ~¢ r~f~llr~'l hu ~ f~ih~ ~f Rr~unfrun Beach Code of Ordinances or Land Development regulations to provide service to the Customer's premises. The Customer shall be responsible for installation in conformance with all codes, rules and regulations applicable to the installation and maintenance of water service lines upon the Customer's premises.' All such lines shall be approved by the Director of Lltilrdes and subject to Inspection by the aty Engineers. The City shall have the option of eitter requiring the Customer to perform the work necessary to conform the lines or the CRy may have the work performed on behalf of the Customer, in which case the Customer will pay in advance all estimated costs thereof. In the event the aty has such work performed, the Customer will also advance such additional funds as may be necessary to pay the total actual costs incurred by the Qty. 4. Any water main extension made pursuant to this Agreement shall be used only by the Customer, unless wrttten consent is granted by the CRy of Boynton Beach 5. T~de to all mains, extensions and other facilities extended from the City Water DistribuUon System to and induding the metered service to Customer shall be vested in the CRy exdusively unless otherwise conveyed or abandoned to the property owner. 6, The Customer agrees to pay all charges, deposits and rates for service and equipment in connection with water service outside the City limits applicable under Ordinances and rate schedules which am applicable which may be changed from Ume to Urne. 7. Any rights-of-way or easements necessary to accommodate the connections shall be provided by the Customer to the Qty. 8. The Customer shall, contemporaneously execute and deliver to the Qty an ~rrevocable Spedal Power of Attorney granting to the CRy the power and authority to execute and advance on behalf of tie ~ a voluntary petition for annexation. Customer covenants that it shall ~te with the City and not raise opposition or challenge to such annexation if and when annexation is initiated. The property shall be subject to annexation at the option of the City at any ume the property b under any available means or meUmd for annexation. Customer will inform any and all assigns or purchasers of any or part of this property of this covenant and of the irrevocable special power of attorney, but Customer's failure to provide such noUce shall not constitute a defense or bar to the City's rights as set forth herein. The Customer acknowledges that the consideration of initially connecting to the City's water supply is sufficient to support the grant of the power of attorney any subsequent disconnecaon or lack of service shall in no way impair the power of attorney nor constJtt~ a diminution or lack of consideration. 9. The Customer acknow~ that this covenant regarding annexation is intended to be and is hereby made a covenant running with the land described in paragraph ! above. This Agreement and the power of attorney referenced herein is to be recorded in the Public Records of Palm Beach County, Florida, and the Customer and all subsequent transferee, grantees, heirs or assigns of Customer shall be binding on the Customer and all successors and assigns. 10. Xt is agreed that the aty shall have no liability in the event there is a reduction, impairment or termination in water service to be provided under this Agreement due to any prohi~s, reside/ions, limitations or requirements of local, regional, State or Federal agendes or other agencies having jurisdiction over such matters. Also, the City shall have no liability in the event there is a reduction, impairment or termination of water service due to acts of C:.-.-.-.-.-.-.-.-~d, accidents, strikes, boycotts, blackouts, fire, earthquakes, other casualties or other drcumstances beyond the Oty's reasonable control. 11. The Customer hereby agrees m indemnify, defend and hold harmless the CRy of Boynton Beach, Florida, its Mayor, Members of the Ob/Commission, Officers, employees and agents (Both in their individual and offldal capadties) from and against ali claims, damages, law suits and expenses induding reasc~ab~ attorneys fees (whether or not incurred on appeal or in connection with post judgment coileclJon) and costs rising out of or resulting from the ~s obligation under or performance pursuant to this Agreement. 12. No additional agreements or representations shall be binding on any of the parties hereto unless incorporated in this Agreement. No modifications or change in this Agreement shall be valid upon the parties unless in writing executed by the parties [N ~ WHEREOF, the parties hereto have set their hands and seals this day of ~ 2003 / / ~/ CUSTOMER AS OWNER(S): :__*7. S:.'~"~.'..LT= ::~"T. ;.-"-~:~, ,CN. STATE OF NEW YORK ) ) ss: COUNTY OF NASSAU ) ! HEREBY CERTIFY' that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowl~~, personally appeared -S~i~ m me known to be the person(e) described in and who executed the foregoing instrument that he/~ acknowledged before me that he/dm executed the same; that the individual was personally known to me er ~---~ 'C~. ,-~k,,,;,,~-~ ~ u;' i~ WTI'NESS my.Jaend a~ official seal in the County and State last aforesaid this '~ day ofL.~ ,2(X)2. , (Notary Seal) JOYCE i.~,I~K~ . - ' ' Hotary P~'.ic..State of New Y~ ~o. 30-4918239 ¢on~r~n ex~r~ ~a. 0.~~'z~ ~ ~ WTI'NESS: CTI'Y OF BOYNTON BEACH, FLOR[DA Mayor ATTEST: cry STATE OF FLOR[DA ) ) ss: COUNTY OF PALM BEACH) I HEREBY CERTIFY that on l~is day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared , Mayor and .., City Clerk mspect~, of the Cry named in the foregoing agreement and that they severally acknowledged executing same in the presence of two subscribing witnesses freely and voluntarily under authority duly vested in them by said City and that the Cry seal affixed thereto is the WTrNESS my hand and official seal in the County and State last aforesaid this __ day of ..... ,200_. {Notary Seal) Notary Public Approved as to form: Legal Descri~ Approved: City Attorney .1AC/lms IRREVOCABLE SPECIAL POWER OF ATTORNEY (By Individuals) STATE OF NEW YORK COUNI'Y OF NASSAU [/We, Rkhard Soirio. Member. Straffad Greens. LLC, hereinafter "Grantee", hereby make, constitute, and appoint THE CTI'Y OF BOYNTON BEACH, FLORIDA, true and lawful attomey in fact for Grantee and in Grantee's name, place and maintain, and complete a voluntary petition for annexation of the real property described herein into the CTI'Y OF BOYNTON BEACH. This power shall extend to the CITY OF BOYNTON BEACH ['uti and complete authodty to act on Grantee's behalf to accomplish annexation by any available means. The real property which is the subject of l~is power is described as follows: The powers and authority of my a~, THE CTTY OF BOYNTON BEACH, FLORZDA, shall commence and be in full force and effect on the ~ day of (~ ~ ~ . 20~..~ and the powers and a~ shall be irrevoca~ I~, Grantee. I~TN_ ,ESS WHEREOF, we have hereunto set our hands and seals the~ day of ~./~ , in the year two thousand and two. /~/led aJdel~ in t~ presence of Witne~ Witne~ STATE OF NEW YORK COUNTY OF NASSAU THai_ _ .-I'!-!E FOREGOING INSTRUMENT was acknowle~, before me this ~,~Jay of , ~; .... ?.~,~ and who dM/did not take an Type or Pflnt Na~me_.~ _ .., -, _ Commission No, _~ O-. ~- ~'/ ~'c~ ~ ~ Ny Commission Expires: ~///,~ ~ POA.[ND / / dOYCE LA[~N3 Notary Public,. State of Ne~ Y~ No. 30-4918239 . ..O..ual,fi_e~..' ir:. Na, s, sau Cou _n~ FROId : FRX NO. : Oct.. :30 2988 02:45PM P2 THAT PARCEL OF LAND LYIN~ AND BEING WITHIN TH[ NORTHEAST QUARTER (NE 1/4) OF THE SOUTHEAST QUARTER (SE I/4) OF SECTION 2, TOWNSHIP 46 SOUTH, RANGI[ 42 EAST, PALM B~ACH COUNTY, FLORIDA, BEING MORI~ PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER (NE 1/4) OF THE SOUTHEAST QUARTER (SE 1/4) OF SAID SECTION 2; THENCE SOUTH 02'11°12" EAST, ALONG THE EAST LINE OF SAID SECTION 2, A DISTANCE OF 66.02 FEET; THENCE ~OUTH 8~'08'07" WEST, ALONG THE SOUTH RIGHT- OI~-WAY L~NE OF LAKE WORTH ORAINAGE DISTRICT LATERAL L-29, PER CHANCERY CASE 407, A DISTANCE OF 60.02 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL; THENCE SOUTH 02'11'12' EAST, ALONG THE WESTERLY RIGHT-OF-WAY LINE OF MILITARY TRAIL (STATE ROAD 806) FOR THE FOLLOWING FIVE COURSES. A DISTANCE OF 604.75 FEET; THENCE SOUTH 89'09°:~5" WEST. A DISTANCE OF 10.00 FEET; THENCE SOUTH 02'11'12" EAST, A DISTANCE OF 114.98 FEET; THENCE SOUTH 02°24'07" WEST, A DISTANCE OF 75.00 FEET; THENCE: SOUTH 02'11'19= EAST, A DISTANCE OF 360.94 FEET; THENCE SOUTH 45°2~'55" WEST, ALONG THE NORTHI[RLY RIGHT-OF-WAY OF FLAVOR P~CT ROAD FOR THE FOLLOWING FIVE COURSES, A DISTANCE OF 54.58 FEET; THENCE SOUTH 8~'11'0Z" WEST, A DISTANCE OF 400.00 FEET; THENCE SOUTH 88'02'1§" WEST, A DISTANCE OF 150.11 FEET; THENCE SOUTH 88'1)3"~1" WEST, A DISTANCE OF 49.89 FEET; THENCE SOUTH 8~'11'02" WEST, A DISTANCE OF 282.67 FEET; THENCE NORTH WEST, ALONG THE WEST LINE OF THE EAST THREE-QUARTERS (E 3/4) OF THE NORTHEAST QUARTER (NE 1/4) THE SOUTHEAST QUARTER (SE 1/4) OF SAID SECTION 2, A DISTANCE OF 1197.73 FEET; THENCE NORTH ~3°08'07" EAST, ALONG SAID LAKE WORTH DRAINAGE DISTRICT SOUTHERLY RIGHT-OF-WAY LINE, A DISTANCE OF 933.17 FEET TO THE POINT OF BEGINNING. CONTAINING 25.46 ACRES, MORE OR LESS. Ru~ 2! 02 03:38p Land Design South 07/15/02 11:12 FAX 30593590¢2 LKL PA, This lustrum~nt Preputial by, Record ami Returu Steq~t~ M. Gerlou. Esq. D~snuaa & Ger~)n IS0 NortJl UuiversR~ Drive Su#e 200 Pluntntioa, ~eHda 33324 47B-5012 ~2002/005 IlllUlllllllltllmil p.4 This Trustee Deed. t..,.ud .r ~M ~m, S01 E~ ~m O~ ~m~ r~ ~l~ ff~ om: , S~~ ~~ ~C, a ~ Y~ ~ bMU~ ~, ~ ~t ~ M~m h ~o ~ H~ O~~, 4~ '~ Avmu, Wu~u~, NY I1S~ ~und Tm (STSC) ~ ~ ~ ~d ~e ~m ~ ~ ~ ~ b ~ ~d ~t ~ bM JO nd u ~ ~; duc~ bk ~e ~ ~d of lu~ slm~ ~f ~E ~ "X" A~A~D ~0 ~ ~~TED ,~E~iN Subjeet to eurreut tom, ansmunnts Hd reslrJtfions of rmnrd. TIM plqopm~ kerdu eeaveyed DOES NOT eomtitute tim H~AJ) projm~y Gruato~, lRY~dq M. DUVALL. The Gumtm"s HOMESTEAD tddreH is 9103 Defley bu Itond, JmmlJ, MD ~ To Have and to Hold, b ,a b aplmmcu tbff~u~ beloasbl or tn anywm apperttlalng, amd an tl~ trim, rJ{:bt, bimut, am, eqult7 mid eidm wksMr tithe udd ~nt psr~, ~bor in Itw or wJUtaut wm-run~, ezpru~ or implied, em b part db 6rmtm'. RuG: 21 02 03:38p Land DesiG:n South 4?8 -5012 07/16/02 11:13 FAf 30593590¢2 ~ PA ~003/006 P. el}~/O] ! ~elr ~ dsw~ wrbl.~. pt'imd N.m~ STATG OF ldAR~ ) )SS: COtJNT~ O~ ~~ ) of lu~ ~. ~ ~ . · . ~~~~__.~. ~..-.... r~, .' ~ .... p.S Oa-dez': ,moz~ ~llm~ltC~ RuC 21 02 03:3Bp Land Desicn South 07/15/02 11:~3 FAZ 3059055042 L]~ PA ~ t~t8 ~ t~ in ~ ~ o~ ~004/006 g'fA~ ~ lVI,q~W,~ ) C(X,TNTY OP , . ) ~adtal Tn~ uud~ tl~ Will ofbladmnd W. I~vmll deled 5, i~ ..--. 'lYulmdgdieWillofMarJmdW,.Ru,,mlldatndAldlJ, lgQ. J'h iJ lm'SoniUy known f,) me of l*unL 2002. Ru~ 21 02 03:3Bp Land Design South 0'//16/02 11:13 FA,T. 3059359042 L~L PA 478-5012 (~005/005 .,.,.-~. p.'7 Jun~ 2002. ~s~.~'i~,pg-,[~ PLLm Bedt~..~,J'"G ,goGLimm2f~-Boo/i:.f'l,g'o iJStB.Ig40 Page: d OL~ 5 Ru~; 21 02 03:39p Land Design South 478-5012 07/15/02 11:13 FA/ 3059559042 LKL PA 006/006 p.8 ~. Towumhip 46 Sasds, Rau~ 42 ~ him Bes~b Cnumy, ~fidt bdnlJ .m~fe pm~cubr~/ducrlbed ss fo4mws: A poili0noflhe East mJg4mlfofthl Smabiqml i~ (SW I/4) ofthe .'~0diOld~ d~ {N~ U,4) o(Ihl Simlhema quwur(Sl~ V4} ed'bat~ 2,'rowud~ a6 SedK bale 42 rnu~ PalmBeacb Corny, Pledda, btln~mot,epm~lafly des~bed a~ fall~ws: Ru~: 21 02 o?/15/~ 03: 3'7p Land DesiGn South ~,,~ B ~,,d.l~. 0eo42-4'~-0~-00'000 WarrantyDe~d ~ PA ~?8-5012 ~002/oo3 p.2 Ruc: 21 02 03:37p 07/~$/02 16:58 D',CT Land DesiGn South 478-5012 L~L PA ~003/003 p.3 ~; or282.67 f~; ~ N~h O 1~8~" W~Z, a d~a~e or 59].44 f~: ih~ce N~h 8~'35" ~ Requested City Commission Meeting Dates [] August 6, 2002 [] August 20, 2002 [] September 3, 2002 [] September 17, 2002 VII.-CONSENT AGENDA ITEM C.3 CITY OF BOYNTON BEACI AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to CRV Clerk's Office Requested City Commission Meeting Dates Date Final Form Must be Turned in to Citw Clerk's Office July 17, 2002 (5:00 p.m.) [] October 1, 2002 September 16, 2002 (Noon) August 5, 2002 (Noon) [] October 15, 2002 September 30, 2002 (Noon) August 19, 2002 (Noon) [] November 6, 2002 October 14, 2002 (Noon) September 3, 2002 (8:00 a.m.) [] November 19, 2002 November 5, 2002 (Noon) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Motion to approve a contract with URS Corporation for Phase I of the PREPARATION OFA GREENWA Y/BIKEWA Y MASTER PLAN, RFQ# 041-2413-02/KR, at a total cost not to exceed $16,350.00 (Sixteen Thousand, Three Hundred Fifty Dollars). EXPLANATION: This project will be completed in two phases. Phase I of the project will be for data collection and will determine the quality and quantity of available information, identification of missing information, and establishment of a Public Involvement Program. URS will provide a detailed summary report at the conclusion of Phase I which will summarize and review the data collected and the preliminary public involvement process and will recommend the specific tasks to be undertaken in the next phase of the project. The detailed summary report for Phase I will also serve as the proposed scope of work for Phase II. The proposed fee has been reviewed by Staff and found to be reasonable for the work to be completed. A sufficient amount remains reserved in the 2002-2003 CIP account to negotiate and complete Phase II. FISCAL IMPACT: Funds in the amount of $60,000.00 have been designated for the proposed Greenway/Bikeway Master Plan (Account Number 302-4902-580.31-30). The assigned project number is Capital Project #0260. The proposed expenditure, at this time, will be a "Cost not to Exceed" of $16,350.00 (Sixteen Thousand, Three Hundred Fifty Dollars). A second contract will be negotiated for Phase II at the completion of this phase. ALTERNATIVES: The alternate to this two-phase approach is to prepare a single cost proposal. However Staffhas previbusly used this two-phased approach with success and recommends proceeding. Staff feels that overall costs are reduced since the scope of work is more clearly defined by doing smaller portions of the project at a me. ; //De@~ne~ I-}ead'~Slgnature Cit~fManager's Signature Department Name ~ ~ity P~m~y / Finance / Human Resources JSSHRDATAXEngineeringXLogan\Greenway\Greenway Agenda Item Request 2.dot RESOLUTION NO. R02- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A CONSULTANT AGREEMENT WITH URS CORPORATION FOR PHASE I OF THE PREPARATION OF A GREENWAY/BIKEWAY MASTER PLAN, REQ #041-2413- 02/KR, AT A TOTAL COST NOT TO EXCEED $16,350, AND PROVII)ING AN EFFECTIVE DATE. WHEREAS, on June 18, 2002, this Commission approved the recommendation of negotiate a contract with URS Corporation, as the number one ranked firm, for Phase of the preparation of a Greenway/Bikeway Master Plan (RFQ #041-2413-02/KR); and WHEREAS, the attached Consultant Agreement reflects the outcome of those ; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Commission of the City of Boynton Beach, Florida does authorize and direct the Mayor and City Clerk to approve and execute the Consultant for Phase I of the Preparation of a Greenway/Bikeway Master Plan, for RFQ -2413-02/KR, which Agreement is attached hereto. Section 2. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this ~ day of September, 2002. CITY OF BOYNTON BEACH, FLORIDA Clerk - URS Corl~ora~ion Mayor Vice Mayor Commissioner Commissioner Commissioner DEPARTMENT OF PUBLIC WORKS ENGINEERING DIVISION MEMORANDUM NO. 02-181 TO: FROM: FOR: DATE: RE: Bill Atkins, Deputy Director of Finance/Purchasing Agent Procurement Services Laurinda Logan, P.E., Civil Engineer Engineering Department Jeffrey R. Livergood, P.E., Director Public Works August30,2002 Preparation of a Greenway/Bikeway Master Plan RFQ #041-2413-02/KR Recommendation to Approve Consultant Contract The Department of Public Works/Engineering Division is recommending approval of a contract with URS Corporation for the above referenced project. Fees have been negotiated with the consultant at a total cost not to exceed $16,350.00. We plan to proceed with this project which will be undertaken in two phases. Phase I of the project will be for data collection and will determine the quality and quantity of available information, identification of missing information, and establishment of a Public Involvement Program. URS will provide a detailed summary report at the conclusion of Phase I which will summarize and review the data collected and the preliminary public involvement process and will recommend the specific tasks to be undertaken in the next phase of the project. The detailed summary report for Phase I will also serve as the proposed scope of work for Phase II. The proposed fee has been reviewed by Staff and found to be reasonable for the work to be completed. The alternate to this two-phase approach is to prepare a single cost proposal. However Staff has previously used this two-phased approach with success and recommends proceeding. Staff feels that overall costs are reduced since the scope of work is more clearly defined by doing smaller portions of the project at a time. A sufficient amount remains reserved in the 2002-2003 CIP account to negotiate and complete Phase II. Funds in the amount of $60,000.00 have been designated for the proposed Greenway/Bikeway Master Plan (Account Number 302-4902-580.31o30). The assigned project number is Capital Project #0260. The proposed expenditure, at this time, will be a "Cost not to Exceed" of $16,350.00 (Sixteen Thousand, Three Hundred Fifty Dollars). A second contract will be negotiated for Phase II at the completion of this phase. LL:ck CC:' Jeffrey R. Livergood, P.E., Director, Public Works (via e-mail) John Wildner, Director, Parks Development File C:~4y Documents\Greenway-Bikeway Master Plan, Rec. to Approve Contract.doc CONSULTANT AGREEMENT FORM "PREPARATION OF GREENWAY/BIKEWAY MASTER PLAN" THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to as "the City", and URS CORPORATION, hereinafter referred to as "the Consultant", in consideration of the mutual benefits, terms, and conditions hereinafter specified. 1. PROJECT DESIGNATION. The Consultant is retained by the City to perform Consultant services in connection with the project designated. 2. SCOPE OF SERVICES. Consultant agrees to perform the services, identified on Exhibit "A" attached hereto, including the provision of all labor, materials, equipment and supplies. TIME FOR PERFORMANCE. Work under this contract shall commence upon the giving of written notice by the City to the Consultant to proceed. Consultant shall perform all services and provide all work product required pursuant to this agreement by 42 (forty-two) days from the date written notice is given to proceed, unless an extension of such time is granted in writing by the City. 4. PAYMENT. The Consultant shall be paid by the City for completed work and for services rendered under this agreement as follows: ao Payment for the work provided by Consultant shall be made as provided on Exhibit "B" attached hereto, provided that the total amount of payment to Consultant shall not exceed $16,350.00 (Sixteen Thousand Three Hundred Fifty Dollars) without express written modification of the agreement signed by the City. bo 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 checked by the City, and upon approval thereof, payment will be made to the Consultant in the amount approved. Co 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. do 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. The Consultant's records and accounts pertaining to this agreement are to be kept available for inspection by representatives of the City and State for a period of three (3) years after final payments. Copies shall be made available upon request. CA-1 o OWNERSHIP AND USE OF DOCUMENTS. All documents, drawings, specifications and other materials produced by the Consultant in connection with the services rendered under this agreement shall be the property of the City whether the project for which they are made is executed or not. 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. COMPLIANCE WITH LAWS. Consultant shall, in performing the services contemplated by this service agreement, faithfully observe and comply with all federal, state and local laws, ordinances and regulations that are applicable to the services to be rendered under this agreement. INDEMNIFICATION. Consultant shall indemnify, defend and hold harmless the City, its offices, agents and employees, from and against any and all claims, losses or liability, or any portion thereof, including attomeys 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 occasioned by a negligent act, omission or failure of the Consultant. INSURANCE. The Consultant shall secure and maintain in force throughout the duration of this contract comprehensive general liability insurance with a minimum coverage of $1,000,000 per occurrence and $1,000,000 aggregate for personal injury; and $1,000,000 per occurrence/aggregate for property damage, and professional liability insurance in the amount of $1,000,000. Said general liability policy shall name the City of Boynton Beach as an additional named insured and shall include a provision prohibiting cancellation of said policy except upon thirty (30) days prior written notice to the City. Certificates of coverage as required by this section shall be delivered to the City within fifteen (15) days of execution of this agreement. INDEPENDENT CONTRACTOR. The Consultant and the City agree that the Consultant is an independent contractor with respect to the services provided pursuant to this agreement. Nothing in this agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither Consultant nor any employee of Consultant shall be entitled to any benefits accorded City employees by virtue of the services provided under this agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to Consultant, or any employee of Consultant. 10. COVENANT AGAINST CONTINGENT FEES. 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 price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. CA-2 11. DISCRIMINATION PROHIBITED. The Consultant, with regard to the work performed by it under this agreement, will not discriminate on the grounds of race, color, national origin, religion, creed, age, sex or the presence of any physical or sensory handicap in the selection and retention of employees or procurement of materials or supplies. 12. ASSIGNMENT. The Consultant shall not sublet or assign any of the services covered by this agreement without the express written consent of the City. 13. NON-WAIVER. Waiver by the City of any provision of this agreement or any time limitation provided for in this agreement shall not constitute a waiver of any other provision. 14. TERMINATION. a. The City reserves the right to terminate this agreement at any time by giving ten (10) days written notice to the Consultant. In the event of the death of a member, partner or officer of the Consultant, or any of its supervisory personnel assigned to the project, the surviving members of the Consultant hereby agree to complete the work under the terms of this agreement, if requested to do so by the City. This section shall not be a bar to renegotiations of this agreement between surviving members of the Consultant and the City, if the City so chooses. 15. DISPUTES. Any dispute arising out of the terms or conditions of this agreement shall be adjudicated within the courts of Florida. Further, this agreement shall be construed under Florida Law. 16. NOTICES. Notices to the City of Boynton Beach shall be sent to the following address: City of Boynton Beach P.O. Box 310 Boynton Beach, FL 33425-0310 Attn: Kurt Bressner, City Manager Notices to Consultant shall be sent to the following address: URS CORPORATION 7800 CONGRESS AVENUE, SUITE 200 BOCA RATON, FL 33487 ATTN: ANDREW SCHECHTER CA-3 17. INTEGRATED AGREEMENT. This agreement, together with attachments or addenda, represents the entire and integrated agreement between the City and the Consultant and supersedes all prior negotiations, representations, or agreements written or oral. This agreement may be amended only by written instrument signed by both City and Consultant. DATED this __ day of ,20__ CITY OF BOYNTON BEACH URS CORPORATION Mayor Consultant Attest/Authenticated: Title City Clerk (Corporate Seal) Approved as to Form: Attest/Authenticated: Office of the City Attorney Secretary 1/22/91 CA-4 August 21, 2002 City of Boynton Beach Engineering Department 100 East Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 Attention: Laurinda A. Logan, P.E., Civil Engineer Re: Greenways and Bikeways Master Plan - Phase I Scope & Fee Dear Ms. Logan: Please find a copy of our proposed scope and fee for the Phase I portion of the Greenways and Bikeways Master Plan work. The Phase I portion of the work is the Data Collection component of the project. When the data collection portion of the work is completed, we will know: what existing information is available; the quality of the data; and what information gaps are required to be filled in the Phase II portion of the work. This two-phased process gives you a specific scope of work and a finely tuned compensation schedule. With respect to the City's Standard Contract, we request only that paragraph 7 (INDEMNIFICATION) have the following added to the end of the paragraph "... during the time period this contract is in effect." We are very enthusiastic about the Greenways and Bikeways Master Plan project and are prepared to begin work immediately after receipt of the signed agreement and the Notice to Proceed. Sincerely, URS CORPORATION Christopher W.A. Macey, RLA Associate CWM:cwm Enclosure cc: W. Richard Staudinger, Andrew P. Schechter URS Corporation 7800 Congress Avenue Boca Raton, Florida 33487 Tel: 561.994.6500 Fax: 561.994.6524 www.urscorp.com EXHIBIT "A" TO CONTRACT Boynton Beach Greenways & Bikeway Master Plan - Phase I Services Task 1. Phase I Public Involvement Process (PIP) - Situational Assessment Staffing: Public Involvement Consultant & Project Manager Time: Week 1 through Week 3 The PIP Situational Assessment will be implemented by the Project Facilitator, Patricia BidoI-Padva, Ph.D., under the supervision of Chris Macey, Project Man- ager. Based on her work with similar projects, Dr. Pat BidoI-Padva understands that the Boynton Beach Greenways & Bikeway Master Plan is a complex multi- disciplinary public planning project that can enrich the quality of life for the City. The situation assessment is done with the Project Manager and takes no more than two weeks (Week 1 through Week 2). The Project Manager will ensure that the preliminary data collected by URS and the PIP consultant are appropriately coordinated. The PIP situational assessment involves the collection and evaluation of socio- political data. The data collection includes interviews with representatives of those who are directly affected by the project or can either prevent or help im- plement the proposed greenway and bikeway master plan. Secondary sources such as media reports, technical reports and meeting minutes are also reviewed by the PIP Consultant. An example of questions that may be used dudng the as- sessment is illustrated in the following table. Example of Potential PIP Situational Assessment Questions Situational Dimension Parties Issues Power and Influence Questions What parties are directly involved in the project? What parties are indirectly impacted? What parties can hinder or enhance the acceptance of the )lan? What are the major and secondary interests and needs of each party? Is it possible that the solutions to the greenways and bike- ways master plan issues may cause interactive or cumula- tive impacts? Is there a need for the proposed plan to establish a legal or administrative precedent? Are multiple agencies with differing missions and regula- tions involved in the preparation of the plan? What types of power and influence have each of the par- ties used (or likely to use) when they interact with the other 4. Relationship Matrix 5. Relevance of Collaboration (Value Added) ~arties? What is the level of interdependency between the inter- ested public sector entities and each of the other parties? What is the level of interdependency between the other parties? What incentives exist to motivate the parties to use a col- laborative approach (e.g. timing, supporting legislation, media impacts, and political leverages)? Is there a desire to establish or maintain cooperative and solution-oriented partnerships between the public entity and the other parties? The outcomes of the situational assessment will be used to develop a custom- ized PIP, which will completed within an additional week (Week 3). This custom- ized PIP will be evaluated throughout the project so changes can be made to in- crease opportunities to build community understanding of the master plan Task 2. Phase I Inventory & Preliminary Analysis am Corridors Staff: GIS Staff, Transportation Staff, Project Manager Time: Week 1 through Week 3 Analyze available (from City, County, and State agencies) GIS data- bases for the following items: i. Canals ii. Power lines iii. Road right-of-ways iv. Railway right-of-ways v. Adjacent greenways & trails vi. Cultural resources Results of analysis shall indicate the usefulness of the available data (differentiation between easements and right-of-ways, property owner- ship, etc) and identify information gaps to be addressed in Phase II. b. Environmentally Sensitive Lands Staff: Environmental Staff, Project Manager Time: Week 2 through Week 3 URS' environmental staff shall characterize the existing and proposed natural areas using: i. aerial-photo based analysis with limited ground-truthing review of existing park management plans query of FNAI and FFWCC databases, acquired by the Phase I GIS Data Assembly and Review Task, for T&E spe- cies records The findings shall be summarized and recommendations prepared for the Phase II portion of the work. Such recommendations may include, but not be limited to: an analysis of the opportunities and constraints; greenway and bikeway plan alternatives; and environmental restora- tion and enhancement. Task 3 Phase I Summary Report Staff: Project Manager Time: Week 3 through Week 4 URS shall review the completed Phase I tasks described above and prepare a summary report that recommends the specific tasks to be undertaken in the Phase II portion of the work. In addition to a detailed description of the recom- mended tasks, the summary report shall also provide a project schedule, and a compensation schedule. The summary report will not only summarize the initial data collection phase, but also serve as the proposed scope and fee for the Phase II portion of the project. Deliverables URS shall deliver fifteen (15) colored copies of the Phase I Summary Report and a CD-ROM containing the GIS files referred to in the report. COMPENSATION SCHEDULE Tasks Fee 1.0 $4,75O 2.O $9,24O 3.O $1060 Total Labor 15,050 Estimated Reimbursable Expenses $1,300 Estimated Total Including Reimbursables$16,350 VII.-CONSENT AGENDA ITEM C.4. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Meeting Dates [] August 6, 2002 [] August 20, 2002 [] September 3, 2002 [] September I7, 2002 Date Final Form Must be Turned in to City Clerk's Office July 17, 2002 (5:00 p.m.) August 5, 2002 (Noon) August 19, 2002 (Noon) September 3, 2002 (8:00 a.m.) Requested City Commission Meeting Dates [] October 1, 2002 [] October 15, 2002 [] November 6, 2002 [] November 19, 2002 Date Final Form Must be Turned in to City Clerk's Office September 16, 2002 (Noon) September 30, 2002 (Noon) October 14, 2002 (Noon) November 5, 2002 (Noon) NATURE OF AGENDA ITEM [] Administrative [] Consent Agenda [] Public Hearing [] Bids [] Announcement [] City Manager's Report RECOMMENDATION: To release cash bond of $9,871.40 to the Congregation of Jehovah's Witnesses, Inc. EXPLANATION: [] Development Plans [] New Business [] Legal [] Unfinished Business [] Presentation ~D On January 22, 2002, the Building Division sent to the Finance Department a cash bond of $9,871.40 for the completion of the permitted work at Kingdom Hall of Jehovah's Witnesses (1500 N.E. 4th Street). The work has been completed and the Certificate of Occupancy has been issued. PROGRAM IMPACT: None FISCAL IMPACT: None QuintnJ, E'.. Of[en~, De~,elol~nnent Director Development Department Department Name ' Ci~'Manager's Signature City Artier/Finance / Human Resources RESOLUTION NO. R02- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING A FULL RELEASE OF CASH BOND, IN THE AMOUNT OF $9,871.40, FOR THE PROJECT KNOWN AS KINGDOM HALL OF JEHOVAH'S WITNESSES, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the developer for the project known as Kingdom Hall of Jehovah's Witnesses previously posted a cash bond in the amount of $9,871.40 to be held until ~utstanding issues of the temporary Certificate of Occupancy are completed, and; WHEREAS, the work has been completed and Certificate of Occupancy has been ;sued. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Commission of the City of Boynton Beach, Florida, upon the recommendation of staff, hereby approves the release of the cash bond in the amount of ,871.40 to Congregation of Jehovah's Witnesses, Inc. Section 2. That this Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this ~ day of September, 2002. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner ;T: Clerk ~:cahReso\Letter of Credit/Release Cash Bond- Jehovah Wimesses, Inc. Commissioner DEPARTMENT OF DEVELOPMENT BUILDING DIVISION MEMORANDUM NO. 02-184 TO: FROM: DATE: RE: Diane Reese, Finance Director Don Johnson, Building Official August 27, 2002 RETURN OF CASH BOND - KINGDOM HALL OF JEHOVAH'S WITNESSES - 1500 N.E. 4TM STREET On January 22, 2002, we sent you a memo (copy attached) regarding a cash bond of $9,871.40 for the completion of the permitted work at the above address. The work has been completed and the final Certificate of Occupancy has been issued. Therefore, please return the bond to the Congregation of Jehovah's Witnesses, Inc. Attached are a Direct Payment Requisition and a copy of the Agenda Item Request Form. DJ:rs Attachments XC: Timothy K. Large, Building Code Administrator Tommy H. Murphy, Presiding Overseer, Boynton Beach Congregation Permit File # 00-4430 S:\Development~Building Div~DocumentshMemos in Word\Cash Bonds - 2002LRetum of Cash Bond - Kingdom Hall.doc BOYNTON BEACH CONGREGATION OF JEHOVAH'S WITNESSES 8/26/02 Mr. Don Johnson, Building Official City of Boynton Beach P. O. Box 310 Boynton Beach, FL 33425-0310 SUBJECT: SURETY POSTED, $9,871.40 Dear Mr. Johnson, On behalf of the Boynton Beach, Lantana, and the Los Logas Congregation of Jehovah's Witnesses we want to express our sincere thanks to you and your department for the kindness, patience, and assistance in obtaining our Certificate of Occupancy for our new Kingdom Hall located at 1500 N. E. 4t~. St. in Boynton Beach. Additionally, we would also like to request that our cash surety, in the amount of $9,871.40 be returned as soon as possible. Yours truly, Boynton Beach Congregation 1500 N. E. 4t~. St. Boynton Beach, FL 33435 DEPARTMENT OF DEVELOPMENT BUILDING DIVISION ~IEMORANDUtM NO. 02-014 TO: FROM: DATE: SUBJECT: Diane Reese, Finance Director Don Johnson, Building Official January. 22, 2002 CASH BOND - KINGDOM HALL OF JEHOV.&H'S WITNESSES - 1500 NE 4TM ST. Attached is a check for $9,871.40 from Cong of Jehovah's Witnesses, Inc. This is a cash surety for K/ngdom Hall of Jehovah's Witnesses and is to be held until all outstanding issues of their tempora~ Certificate of Occupancy are completed. This should occur within 30 days. Upon completion of the deficiencies of the permit and the issuance of the final Certificate of Occupancv, the surety will be returned. ' DJ:rs Attachments/letter from Juan O. Gomez and check XC: Timothy K. Large, Building Code Administrator Permit File # 00-4430 S:xDevelopmentXBuilding Div'~DocumentshMemos in Word\Cash Bonds - 2002',Cash Bond - Kingdom Hall of Jehovah's Witnesses.doc VII.-CONSENT AGENDA ITEM C.5. CITY OF BOYNTON BEAC} AGENDA ITEM REQUEST FOl v Requested City Commission Meeting Dates Date Final Form Must be Turned in to CiW Clerk's Office Requested City Commission Meeting Dates Date Final Form Must be Turned in to City Clerk's Office [] August 6,2002 July 17, 2002 (5:00 p.m.) [] October 1, 2002 September 16, 2002 (Noon) [] August 20, 2002 August 5, 2002 (Noon) [] October 15, 2002 September 30, 2002 (Noon) [] September 3, 2002 August 1% 2002 (Noon) [] November 6, 2002 October 14, 2002 (Noon) [] September 17, 2002 September3,2002 (8:00a.m.) [] November 19,2002 November 5, 2002 (Noon) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal ~-~ [] Bids [] Unfinished Business 7:: [] Announcement [] Presentation 2_-_.. [] City Manager's Report e_n RECOMMENDATION: Motion authorizing the Mayor to execute the First Amendment to the NPDES Interlocal Agreement. This amendment extends the term of the present agreement until a new five-year NPDES permit and Interiocal agreement are finalized. Two (2) original amendments are attached for signature. EXPLANATION: Our five-year NPDES (Stormwater discharge) permit period will expire on September 30, 2002. This permit was issued county-wide, regulates Stormwater discharges, and requires many pollution control activities. The State expects to issue the new permit later this year. This First Amendment extends the original Interlocal Agreement until a new agreement covering the permit to be issued is prepared. This agreement was developed to allow us to continue to participate in coordinated countywide activities with the other co-permittees, which saves money and effort for all co-permittees. We anticipate the new permit and agreement to be finalized this fall. PROGRAM IMPACT: Extension of our present program and responsibilities until the new permit is issued. FISCAL IMPACT: $17,000.00 per year (includes permit fees, coordination of activities county-wide, and preparation and submission of joint (county-wide) annual report. Funding is available in account no. 401-2824-536-49.17. ALTERNATIVES: Apply for a separate (individual) Stormwater discharge p~mit at a much greater expense than -~--we-t~'rently incur.as pa~r~f the lnterlocal Cooperative Agreement.. ] ------~ l~partment Head's ~.g~ature e Utilities Department Name Xc: Dale Sugerman Mark Bobich Barb Conboy -' City~l[tiorney / Finance / Human Resources S:\BULLETIN~FORMS~AGENDA ITEM REQUEST FORM.DOC Technical Memo - NPDES Interlocal Aqreement- First Amendment In 1997 the City of Boynton Beach entered into a county-wide Interlocal Agreement with the other municipalities and special districts. This agreement was a result of the regulation of stormwater discharges via a stormwater discharge permit issued by the EPA (National Pollution Discharge Elimination System - NPDES.) It was most efficient to cooperate on a county-wide level (as other counties in Florida have) to comply with the permit and regulations. Our first permit was a five-year permit. We have gone beyond the five-year window, and our next permit is still under review by the Florida Department of Environmental Protection (FDEP.) We believe the next permit (also a five year term) will be issued in October or November 2002. Until the new permit is issued, our old permit and its conditions are still in effect. Unfortunately, the Interlocal Agreement did not cover this open-ended aspect, and we will reach the deadline for the Interlocal Agreement on September 30, 2002. The First Amendment to the Interlocal Agreement extends the term or the length of the agreement until the execution of a new Interlocal Agreement for the next permit. That agreement will reflect the next permit and its requirements. The Utilities Department meets monthly with the county-wide group to review and discuss the permit, agreement, and requirements of the NPDES program. This is very efficient, cost effective, and labor saving for all parties and it is best that we continue this county-wide co-permittee strategy to comply with these regulations. The motion is to approve of the execution of this First Amendment For Extension Of Term Of NPDES Interlocal Agreement. RESOLUTION NO. R 02 A REEOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE THE FIRST AMENDMENT FOR THE EXTENSION OF TERM OF NORTHERN PALM BEACH COUNTY IMPROVEMENT DISTRICT INTERLOCAL AGREEMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City previously entered into an NPDES I. nterlocal Agreement which expires September 30, 2002; and WHEREAS, this Amendment will extend the term of the present Agreement until a new five-year NPDES (stormwater discharge) permit and I. nterlocal Agreement are finalized. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. Each Whereas clause set forth above is true and correct and incorporated herein by this reference. Section 2. The Mayor and City Clerk are hereby authorized to execute First Amendment to the NPDES Interlocal Agreement to extend the term of the present agreement, which Amendment is attached hereto and made a part hereof. Section 3. That this Resolution shall become effective immediately upon ~assage. PASSED AND ADOPTED this __ day of September, 2002. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner T: Commissioner City Clerk Corporate Seal) t Amendment N~DF-~ MANLEY P. CALDWELL, JR, KENNETH W. EDWARDS CHARLES F. SCHOECH MARY M. VIATOR JAMES L. WATT BETSY S. BURDEN JOHN A. WEIG CALDWELL ~ P_&CETTI ATTORNEYS AT LAW SUITE 300 324 ROYAL PALM WAY LLP TELEPHONE: (561) 655-0620 TELECOPIER: (561) 655-3775 E-MAIL: floridalaw@earthlink, net PLEASE REPLY TO POST OFFICE BOX 277S PALM BEACH, FL 33480-27?5 August 26, 2002 Mr. Mark Bobich Utilities Department City of Boynton Beach 124 East Woolbright Road Boynton Beach, Florida 33435 Re: First Amendment to NPDES Interlocal Agreement Dear Mr. Bobich: RECEIVFD AUG 2 7 2002 BOYNTON BE,~,:,~ UTILITIES Per your telephone request today, enclosed are 2 additional originals of the First Amendment extending the previously executed Interlocal Agreement. Please have the authorized representatives sign and re. tun-t~ottl '-ori'2;~' a~.~-,,~. ..... ~-c. .... ~.~ ,_~_, _ .... ~ , _ _-5_-2_---- --'- ~ Please let me know if you need anything further. Sincerely, Betsy S. Burden BSB/nr Enclosures U ~BSB\NORTHERN\npdes\ltr bobich boy beach wpd FIRST AMENDMENT FOR EXTENSION OF TERM OF NPDES INTERLOCAL AGREEMENT This FIRST Amendment (the "FIRST AMENDMENT") shall be effective as of the day of , 2002 ("the Effective Date"), and is being entered into by and between NORTHERN PALM BEACH COUNTY IMPROVEMENT DISTRICT, 357 Hiatt Drive, Palm Beach Gardens, Florida 33418 (hereinafter referred to as "the Lead Permittee") and (hereinafter referred to as "the Co-Permittee"). WITNESSETH: WHEREAS, the parties have previously entered into anNPDES Interlocal Agreement (a true and correct copy of which is attached hereto and is referred to herein as the "Agreement"), which Agreement expires September 30, 2002; and WHEREAS, the Agreement described the parties' obligations and responsibilities relating to the NPDES Permit referenced therein; and WHEREAS, a timely reapplication or renewal of the NPDES Permit for its second five (5) year term is currently pending, but it is uncertain at this time as to when the Florida Department of Environmental Protection CFDEP") will take final action on the pending application; and WHEREAS, pursuant to FDEP Rule 62-624.420(4), Florida Administrative Code, the existing NPDES Permit shall not expire until FDEP has taken final action on the pending application; and WHEREAS, a draft of a new Interlocal Agreement covering the second term of the NPDES Permit is currently being negotiated by the parties; and WHEREAS, the parties wish to extend the terms and provisions of the current NPDES Interlocal Agreement until such time as FDEP grants the pending application for renewal of the NPDES Permit for its second five (5) year term. NOW, THEREFORE, the undersigned parties, for and in consideration of the mutual benefit set forth herein, the sufficiency of which is hereby acknowledged, do hereby enter into this FIRST AMENDMENT to the NPDES Interlocal Agreement, and agree with each other as follows: (1) Term. The term contained in Section 4.01 of the NPDES Interlocal Agreement which would otherwise expire on September 30, 2002, is hereby extended under the same terms and conditions contained in said NPDES Interlocal Agreement until the execution by the Lead Permittee and Co-Permittee of a new interlocal agreement for the second five-year term NPDES Permit. (2) Fiscal Year Amendment. The phrase "Fiscal Year" as defined in Section 4.02 of the NPDES Interlocal Agreement shall also include: (vi) a Sixth Fiscal Year from October 1, 2002 through September 30, 2003 and (vii) a Seventh Fiscal Year from October 1, 2003 through September 30, 2004. (3) Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. (4) Clerk of Court. A copy of this Agreement shall be filed with the Clerk of the Court in and for Palm Beach County, Florida. Effective Date. This Agreement shall ~be effective as of the last date that it is signed by all parties hereto. IN WITNESS WHEREOF, the parties have set their hand and seals the day and year hereinafter written. EXECUTED by Lead Permittee this day of ,2002. ATTEST: BOARD OF SUPERVISORS, NORTHERN PALM BEACH COUNTY IMPROVEMENT DISTRICT By: By: Peter L. Pimentel, Secretary Pamela M. Rauch, President (SEAL) IN WITNESS OF THE FOREGOING, the parties have made and executed this First Amendment for Extension of Term of Northern Palm Beach County Improvement District Interlocal Agreement on the respective dates authorized execute the same by its governing body on by under each signature: City, ,2002, , duly authorized to execute same. CITY: CITY OF BOYNTON BEACH A Florida Municipal Corporation ATTEST: CITY CLERK Gerald Broening, Mayor APPROVED AS TO FORM: BY: JAMES A. CHEROF City Attorney VII.-CONSENT AGENDA ITEH C.6 CITY OF BOYNTON BEACi AGENDA ITEM REQUEST FOR_aa Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Requested City Commission Meetin~ Dates Date Final Form Must be Turned in to City Clerk's Office [] August 6, 2002 July 17, 2002 (5:00 p.m.) [] October 1, 2002 September 16, 2002 (Noon) [] August 20, 2002 August 5, 2002 (Noon) [] October 15, 2002 September 30, 2002 (Noon) [] September 3, 2002 August 19, 2002 (Noon) [] November 6, 2002 October 14, 2002 (Noon) [] September l7, 2002 September3,2002 (8:00a.m.) [] November l9, 2002 NATURE OF AGENDA ITEM November 5, 2002 (Noon) [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business 2': -- [] Announcement [] Presentation cD -~ .-~ [] City Manager's Report RECOMMENDATION: Motion to approve reduction of surety in the amount of $158,537, for the potable water and sanitary sewer portions of the project known as Alta Chase. EXPLANATION: On October 16, 2001, the City Commission accepted Letter of Credit no. SM417953C from First Union Bank as surety for constructing the water and sanitary sewer systems serving the Alta Chase project, in the amount of $166,881. The amount being reduced represents 95% of the original surety, due to completion of these systems, and the furnishing of easements and a bill of sale. The remaining amount of $8,344.00 shall remain in place for the balance of the one-year warranty period. PROGRAM IMPACT: None FISCAL IMPACT: None ALTERNATIVES: None. The City's Code allows for retaining a 5% surety du~'ing the one-year warranty period. ' Depafi~nent l-'l~d's Signature ' -citY~Vlanager's SignatUre UTILITIES Department Name f City A~rn~y-/Fin~c-e / Human Resources XC: Peter Mazzella (w/attachments) Barbara Conboy " Mary Munro, Finance Dept. " File " SABULLET[N~FORMS~,AGENDA ITEM REQUEST FORM.DOC RESOLUTION NO. R02- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING A REDUCTION IN THE LETTER OF CREDIT ISSUED BY FIRST UNION BANK (No. SM417953C) FOR THE PROJECT KNOWN AS ALTA CHASE FROM $166,881 TO $8,344.00; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the developer of this parcel, previously submitted a Letter of Credit in the amount of $166,881 as surety for the potable water and sanitary sewer portions of Ihe project known as Alta Chase; and WHEREAS, the amount being reduced is 95% of the original surety, and shall remain in place for the balance of the one-year warranty period NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed ~s being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. .Section 2. The City Commission of the City of Boynton Beach, Florida, based apon the recommendation of staff, hereby approves a reduction of a Letter of Credit issued by First Union Bank (No. SM417953C) for the project known as Alta Chase from g166,881 TO $8,344.00. Section 3. That this Resolution shall become effective immediately upon ~assage. PASSED AND ADOPTED this __ day of September, 2002. ATTEST: City Clerk ICorporate Seal) i/ca~'ea\letters of Credit\- Red. - Alta Chase CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner Requested City Commission Meeting Da~ [] July 17, 2001 [] August 7, 2001 [] August 21, 2001 [] September4, 2001 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to City Clerk's Ofl~ce July 5, 2001 (5:00 p.m.) July 18, 2001 (5:00 p.m.) August 8, 2001 (5:00 p.m.) August 22, 2001 (5:00 p.m.) Requested City Commission Meeting Dates [] September 19, 2001 [] October 2, 2001 [] October 16, 2001 [] November 6, 2001 Date Final Form Must be Turned in to City Clerk's Office September 5, 2001 (5:00 p.m.) September 20, 2001 (5:00 p.m.) October 3, 2001 (5:00 p.m.) October 17, 2001 (5:00 p.m.) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfmished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Motion to accept letter of credit no. SM417953C (with amendment) from First Union Bank in the amount of $166,881 as surety for the installation of the water and sanitary sewer systems serving the project known as Alta Chase. EXPLANATION: The developer of Alta Chase is constructing a facility in the City of Boynton Beach that will require the extension of water and sewer lines to serve the buildings. The subject letter of credit will serve as surety for the completion of these utilities, allowing water and sewer services to be provided once both systems are fully operational. PROGRAM IMPACT: None. FISCAL IMPACT: None ALTERNATIVES: Reject the surety, and delay the acceptance of the utilities until all site improvements are fully completed. Deparfifient Heffd's Signature City Manager's Signature Utilities Department Name City Attorney / Finance / Human Resources Xc: Peter Mazzella (w/copy of attachments) City Attorney " Finance Dept. (w/original letter of credit & amendment) File (w/copy of attachments) S:~BULLETIN~ORMSkAOENDA ITEM REQUEST FORM.DOC 3ENEFICIARY: 3ITY OF BOYNTON-~£ACH JTILITY DEPARTMENT 124 E. WOOLBRt~HT ROAD )OYNTON BEACH~ FL 3343Q -- ~ ........ CL£AN;' IRREVOC~BLLE STANDBY'~EETTt"R-'OF-'CREDIT NUMt)ER SM417c~53C ~ I'TER OF CREW)IT AMOUNT I ISSUE DANTE ! EXP~!RY D~TE' ~PPLICANT: WP SOUTH B~IL~E~S (FLOriDA SD, L~ ~.~C.' ~'~ MARIETTA, ~A 300~7 ~: A~A CH~8~, A 21a UNI~ APART~NT COMPLEX LOCAT~ AT 1575 SW 8TH 30YNTON B~ACH, FLORIDA ~ENTL.£MEN: 4E HEREBY OFEN ~ L ~OR THE ACCOUNT O~ THE~ABOVE 4E HEREBY ~eR~E WI~H ~OU rER~ ~D CQND~TI, O~ O ~Ie~ OF THIS~C~DI~, ~ ,RLOTTE~ ~'NC ~ oR )ATE DRAFT ('~) DR'ANN UND~ IT IS A COND'ZTZON ~ ~UTOMAT I C~LLY 3R ANY FUTURE EXPIRY EXPZR~T~ON ~ATE, WE. ~DDITIONAL PERIOD(B~. DRA~ HEREU~ F~ ~Y INTERNATIONAL CH~ [ NCONS I STENT THEREWITH :ORPORATION SERVICE COMPANY, SIN~ELY~ ~b ~ HOR IZED SI~NATUR~ -"IRST UNION N~TIONAL BANK qTW 120I HAYS STREET, T~AH~EE, Fi.JDiRI. DA' 323~[- AMENI]MENT TO IRREVOCABLE STANDBY L~TTF_E OF ~REDIT O~/1~/O1 EETTEE OF '~'~tEDIT NO. ~ENTLEMEN: THE FOURTH PARAGRAPH DE~.T~ N~I!EY AND THIS LETTER OF CREDIT IN PALM ;BEACH COUNTY, E X PR E~51-Y CUSTOM,J, AND ADD T~ _~,_--- A~UTHOR IZED S~G'Pt~TU,~ . .. :: F.,.RST UNION NATIONAL I~NF~ '~ EVO1 mTW VII.-CONSENT AGENDA ITEM C.7. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Meetino Dates [] August 6, 2002 [] August 20, 2002 [] September 3, 2002 [] September 17, 2002 Date Final Form Must be Turned in to City Clerk's Office July 17, 2002 (5:00 p.m.) August 5, 2002 (Noon) August 19, 2002 (Noon) September 3, 2002 (8:00 a.m.) Requested City Commission Meetin~ Dates [] October 1, 2002 [] October 15, 2002 [] November 6, 2002 [] November 19, 2002 Date Final Form Must be Turned in to City Clerk's Office September 16, 2002 (Noon) September 30, 2002 (Noon) October 14, 2002 (Noon) November 5, 2002 (Noon) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Request that Commission approve Resolution R02- conveying title to Arnisa Hill for: Lot 29, Block 14, ROLLING GREEN RIDGE FIRST ADDITION, as recorded in Plat Book 24, Pages 223-226 of the Public Records of Palm Beach County, Florida. for a Special Warr~y Deed: EXPLANATION: Ms. Hill's household of five (5) has: · Qualified for a mortgage from Republic Bank for $85,400.00, · A contract to build a single family home for $84,500.00 PROGRAM IMPACT: N/A FISCAL IMPACT: The building of affordable housing adds to the tax base, as this vacant lot is not producing any tax income at this time. ALTERNATIVES: Do nothing. ;Ag'el~artr~t'Fl~ah'~6ignature 'City M~nager's Signature Department of Development Division of Community Improvement Department Name Cit~ Attorr~/Finance / Human Resources RESOLUTION R02- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE A SPECIAL WARRANTY DEED CONVEYING PROPERTY TO ANISA HILL AS PART OF THE CITY'S INFILL CONSTRUCTION PROGRAM; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Anisa Hill has been approved for a mortgage as a participant in Ihe City of Boynton Beach Infill Construction Program; and WHEREAS, Ms. Hill has selected a city-owned lot in Rolling Green Ridge 1st Addition Subdivision and desires to build a single family home on said lot; and WHEREAS, the construction of single-family subdivisions throughout the City is encouraged for the revitalization and increased taxable value; and housing in existing purpose of community WHEREAS, the City Commission of the City of Boynton Beach, based upon staff recommendation, finds it to be in the best interests of the community and its residents to convey the below-described property to Anisa Hill, for the purpose of :onstructing a single family home. NOW, THEREFORE, BE IT RESOLVED BY THE CITY EOMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Commission of the City of Boynton Beach, Florida floes hereby authorize and direct the Mayor and City Clerk to execute a Special Warranty Deed conveying certain property in Rolling Green Ridge Subdivision, 1st Addition to Anisa Hill, as part of the City's Infill Construction Program. A copy of the Special Warranty Deed is attached hereto. Section2. This Resolution will become effective immediately upon >assage. ;:\CA\RESOgAgreements\Warranty Deed Hill 091002.doc PASSED AND ADOPTED this __ day o~ September, 2002. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner ;T: Clerk (Corporate Seal) Commissioner ;:\CA\RESOgAgreements\Warranty Deed Hill 091002.doc THIS INSTRUMENT WAS PREPARED BY: JAMES A. CHEROF, ESQUIRE P.O. Box 310 Boynton Beach, FL 33425 SPECIAL WARRANTY DEED THIS INDENTURE, made this __ day of September, 2002, between THE CITY OF BOYNTON BEACH, FLORIDA, a municipal corporation, (hereinafter referred to as "Grantor") and ANISA HILL, an unmamed woman, (hereinafter referred to as "Grantee"). whose address is Palm Beach County, Florida WITNESETH: That said Grantor, for and in consideration of the sum of TEN ($10.00) DOLLARS, and other good and valuable considerations to Grantor in hand paid by Grantee, the receipt whereof is hereby acknowledged, has granted, bargained and sold to the Grantee, and Grantee's heirs and assigns forever, the following described land, situate, lying and being in Palm Beach County, Florida, to wit: Lot 29, Block 14, ROLLING GREEN RIDGE FIRST ADDITION, as recorded in Plat Book 24, Pages 223-226 of the Public Records of Palm Beach County, Florida. Grantor does hereby warrant title to the land, and will defend the same against the lawful ~l~ims of all persons claiming by, through, or under the Grantor, but against none other. GRANTEE covenants that the real property conveyed by this instrument must be used to benefit low and moderate income persons and/or families, as those terms are defined by the U.S. Department of Housing and Urban Development and Palm Beach County, for a period of twenty (20) years from the date hereofi In the event of a breach of this covenant, title shall revert to S:\CA\Departments\Community Redev\Hill Deed 091002.doc Page 1 GRANTOR. IN WITNESS WHEREOF, Grantor has caused authorized officer the day and year first above written. this Deed to be executed by its duly Signed, sealed and delivered in our presence: Witnesses: Signature CITY OF BOYNTON BEACH by: Mayor (Type or print name) Approved as to Form: Signature City Attorney (Type or print name) STATE OF FLORIDA ) ) SSA COUNTY OF PALM BEACH ) The foregoing instrument was acknowledged before me this ~ day of September, 2002 by GERALD BROENING as Mayor of THE CITY OF BOYNTON BEACH, FLORIDA, a municipal corporation, on behalf of the corporation, who is personally known to me, and who did not take an oath. My Commission Expires: NOTARY PUBLIC (Type or print name) S:\CA\Departments\Community Redev\Hill Deed 091002.doc Page 2 AGENDA ITEM REQUEST FORM EXHIBIT "A" VII.-CONSENT AGENDA CITY OF BOYNTON BEACH ITEM C.8. AGENDA ITEM REQUEST FOIl,. Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Requested City Commission Meeting Dates Date Final Form Must be Turned in to City Clerk's Office [] August 6, 2002 July 17, 2002 (5:00 p.m.) [] October 1,2002 September 16, 2002(Noon) [] August 20, 2002 August 5, 2002 (Noon) [] October 15, 2002 September 30, 2002 (Noon) [] September 3, 2002 August 19, 2002 (Noon) [] November 6, 2002 October 14, 2002 (Noon) [] September 17, 2002 September 3, 2002 8:00 a.m.) [] November 19, 2002 November 5,2002(Noon) NATURE OF AGENDAITEM Administrative Consent Agenda Public Hearing Bids Announcement City Manager's Report [] Development Plans [] New Business [] Legal [] Unfinished Business · [] Presentation " RECOMMENDATION: Motion to approve Change Order No. 1 to the "Heart of Boynton Beach" project for the Planning Services Contract Addendum to RFQ #037-2417-02/KR. Change Order is to the Master Plan and Schematic Design for Wilson Community Center and Park, Sara Sims Park and surrounding Heart of Boynton Beach Neighborhoods with JEG Associates, Inc. in the amount of: $35,000.00 with a time extension to February 1, 2003. EXPLANATION: This change order consists of an expansion of the scope of the project. The Parks and Recreation Department has requested that JEG Associates amend its current "Heart of Boynton Implementation" contract approved at the April 16, 2002 commission meeting to include a study to create a master plan and schematic designs based upon the conceptual site redevelopment scenarios in the Heart of Boynton community Redevelopment Plan. The master plan would include a specific program and detailed site plans for the Wilson Community Center and Park complex, the Sara Sims Park, the Poinciana Heights Neighborhood, the Martin Luther King, Jr. Gateways, and the current Public Use designated areas of the Boynton Terrace neighborhood. PROGRAM IMPACT: This Change Order No. 1 is to obtain schematic designs to assist stakeholder outreach involvement in the education of the Implementation of the Redevelopment Plan enhancements necessary to achieve the community visions and goals. FISCAL IMPACT: The recommended amount of Change Order #1, $35,000.00, is considered fair and reasonable for the described work. Funds are available from the Community Development Block Grant (CDBG) Program Original Contract Amount: $20,000.00 Change Order #1 $35~000.00 ~ ~Revised ~2ontract Amount:// $55,000.00 / ~ .... . Director of Financial Services ":~-,~ Citf Ma[ager's Signature Procurement Services .~ Department Name ~ Ci~ n~ey/~~uman Resources S:~ULLET~O~S~GENDA ITEM ~QUEST FO~.~C RESOLUTION NO. R02- A RESOLt;~ION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE CHANGE ORDER NO. 1, FOR THE PLANNING SERVICES CONTRACT ADDENDUM TO RFQ #037-2417-02/KR IN THE AMOUNT OF $35,000 FOR WILSON COMMUNITY CENTER AND PARK, SARA SIMS PARK AND SURROUNDING HEART OF BOY'NTON BEACH NEIGHBORHOODS WITH JEG ASSOCIATES, INC., FOR THE "HEART OF BOYNTON BEACH PROJECT", WITH A TIME EXTENSION TO FEBRUARY 1, 2003; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, this change order consists of an expansion of the scope of the ~roject, to obtain schematic designs to assist stakeholder outreach involvement in the :ducation of the Implementation of the Redevelopment Plan enhancements necessary to ichieve the community visions and goals; and WHEREAS, staffhas recommended and requested that JEG Associates amend its :urrent "Heart of Boynton Implementation" contract approved at the April 16, 2002, .,ommission meeting to include a study to create a master plan and schematic designs ~ased upon the conceptual site redevelopment scenarios in the Heart of Boynton Community Redevelopment Plan; and WI-IEREAS, the master plan would include a specific program and detailed site ,lans for the Wilson Community Center and Park complex, the Sara Sims Park, the 'oinciana Heights Neighborhood, the Martin Luther King, Jr., Gateways, and the current ~ublic Use designated areas of the Boynton Terrace neighborhood; NOW, THEREFORE, BE IT RESOLVED BY TI-IE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Commission of the City of Boynton Beach, Florida does hereby authorize and direct the Mayor and City Clerk to approve and execute Change Order No. 1, for the Planning Services Contract addendum to RFO #037-2417-02/KR in the amount of $35,000 for Wilson Community Center and Park, Sara Sims Park and Surrounding Heart of Boynton Beach Neighborhoods with JEG Associates, Inc., for the "Heart of Boynton Beach Project", with a time extension to February 1,2003;. Section 2. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this __ day of September, 2002. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor ATTEST: City Clerk (Corporate Seal) cah-esoXagreements\Task Order 1 - Heart of Boynton Beach Commissioner Commissioner Commissioner The Beach NEIGHBORHOOD PROJECT SPECIALIST I00 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 OFFICE: (561) 742-6028 FAX: ($61) 742-6089 e.mail: decarlod@ci.boynton-beach.fl, us ~v. ci.boynton-beach.fl, us Tot From: Date: Re: Wilfred Hawkins Assistant City Manager ~'~'~an DeCarlo Neighborhood Project Specialist August 30, 2002 Phase II - Heart of Boynton Implementation Site Planning and Design In August, 2001, the City Council adopted the Heart of Boynton Community Redevelopment Plan, which provided a conceptual framework for the revitalization of several Boynton Beach neighborhoods. City and community priorities identified in the plan included the redevelopment of blighted residential areas; improvements to the areas' parks and public facilities; and enhanced neighborhood serving business districts. JEG Associates was responsible for the community planning component during the initial Heart of Boynton Planning process. In May, 2002 the City contracted with JEG Associates to complete the first phase of the Heart of Boynton implementation plan; community education and grassroots leadership development. Phase II involves an educational campaign to increase community awareness of the Heart of Boynton Plan and it's potential implications to their neighborhoods, and an effort to organize neighborhood associations in the neighborhoods within the Heart of Boynton study area boundaries. Phase II is expected to be completed by October 30, 2002. The Parks and Recreation Department in conjunction with the Neighborhood Project Specialist propose to amend the existing contract with JEG Associates. The purpose is to complete Phase III of the Heart of Boynton Plan implementation; site planning and design for the redevelopment of: the Poinciana Heights neighborhood and the public works facility in the Boynton Terrace neighborhood; the gateways at the intersection of Martin Luther King, Jr. Blvd. and Seacrest Avenue, and Martin Luther King, Jr. Blvd. and Federal Highway; and space allocation programs and detailed site plans for the Wilson Center and park, and Sara Sim's park. The revitalization of the Heart of Boynton area will require a collaborative effort on behalf of the City and community stakeholders. JEG Associates' involvement in the development of the Heart of Boynton conceptual plan, the Phase I Implementation project, and the Phase II Site Planning and Design component is expected to result in a seamless integration of the conceptual planning, civic capacity building, and design phases of the Heart of Boynton planning and development process. The total cost for the Phase III site planning and design component is $3,5,000. The project is expected to be completed by March 2003. America's Gateway to the Gulfstream PLANNING SERVICES Contract Addendum Master Plan and Schematic Design for: Wilson Community Center & Park Sara Sims Park And Surrounding Heart of Boynton Neighborhoods Prepared For: City of Boynton Beach Boynton Beach, Florida Presented By: JEG Associates 5702 Normie Drive Orlando, Florida August 19, 2002 Schematic Designs JEG Associates PROPOSED TASKS Background: The City of Boynton Beach Parks and Recreation Department has requested that JEG Associates amend it's current Heart of Boynton Implementation contract to include a study to create a master plan and schematic designs based upon the conceptual site redevelopment scenarios in the Heart of Boynton Community Redevelopment Plan. The master plan would include a specific program and detailed site plans for the Wilson Community Center and Park complex, the Sara Sims Park, the Poinciana Heights Neighborhood, the Martin Luther King, Jr. Gateways, and the current Public Use designated areas of the Boynton Terrace neighborhood. Scope of Services: Task 1.0 - Project Organization The Consultant will meet with appropriate Client representatives to: finalize the scope of services, deliverables, and schedule to ensure mutual understanding of the project; review specific client needs and expectations for the level of detail covered within the generated design schemes; and, discuss presentation format and summary requirements. Project Deliverables: 1 meeting between Consultant Team and Client Representatives to finalize scope, schedule, and deliverables. Task 2.0 - Wilson Center/Park Program The Consultant will facilitate a workshop and meetings with Client representatives and community stakeholders to develop a space program which allocates proposed uses and space requirements for the Wilson Center, the swimming pool, and adjacent park site, consistent with the Heart of Boynton plan and Client/Stakeholder priorities. Project Deliverables: Wilson Center/Park Complex Space Program Task 3.0 - Wilson Center/Park Schematic Design Produce detailed site plan graphics for the Wilson Center/Park complex. Project Deliverables: Final site plan (Color Renderings, CAD Graphics) and summary data Task 4.0 - Sara Sims Park Schematic Design Produce detailed site plan graph/cs for the Sara Sims Park area, extending from North Seacrest Boulevard to N.W. 2"d Street. Project Deliverables: Final site plan (Color Renderings, CAD Graphics) and summary data Task 5.0 - Poinciana Heights Schematic Design Produce detailed site plan graphics for the Poinciana Heights neighborhood, extending from the C-16 Canal to Martin Luther King, Jr. Blvd., and from 1-95 to N. Seacrest Blvd. Project Deliverables: Final site plan (Color Renderings, CAD Graphics) and summary data Task 6.0 - Martin Luther King, Jr. Blvd. Schematic Design Produce detailed site plan graphics for the east/west gateways to the MLK neighborhood at N. Seacrest Blvd. and N. Federal Highway. Project Deliverables: Final site plan (Color Renderings, CAD Graphics) and summary data Schematic Designs JEG Associates Task 7.0 - Public Works Site Schematic Design Produce detailed site plan graphics for the public use area (Public Works Complex/Head Start Center) of the Boynton Terrace Neighborhood. Project Deliverables: Final site plan (Color Renderings, C,4D Graphics) and summary data Task 8.0 - Meetings and Public Presentations The Consultant will participate in 2 meetings with Client representatives to discuss project progress/issues, and I public presentation of the Master Plan Findings and Recommendations SCHEDULE & PROFESSIONAL FEES COMPLETION FEE Task 1.0: September '02 $1,500 Task 2.0 October '02 $5,000 Task 3.0 October '02 $5,500 Task 4.0 November '02 $5,000 Task 5.0 November '02 $7,000 Task 6.0 December '02 $4,000 Task 7.0 December '02 $4,000 Task 8.0 January '03 $3,000 TOTAL $35~000 The lump sum fees above include the Consultants' direct expenses, including, but not limited to word processing, architecture, and design services; telephone, travel, meals, lodging, printing, binding, and reproduction costs. MATERIAL OWNERSHIP All of the £mal graphic materials and reports created become the sole property of the City of Boynton Beach upon delivery. Approved By: City of Boynton Beach By: Its: Dated this day of ,2002 Submitted By: JEG Associates By: Joseph E. Gray Principle Dated this 19~h day of August.2002 Schematic Designs JEG Associates NW-t3TH Ave ........... / -- Parcels Parcel Map II#rt ef Inyntnn enmmnnlty Redevelnpnlent Plan lnyntnn Beat#, Flndda 566 501 Fe Figure 2 VII.-CONSENT AGENDA ITEbl C.9. CITY OF BOYNTON BEACI AGENDA ITEM REQUEST FOlx v Requested City Commission Meeting Dates [] August 6, 2002 [] August 20, 2002 [] September 3, 2002 [] September 17, 2002 Date Final Form Must be Turned in to City Clerk's Office July 17, 2002 (5:00 p.m.) August 5, 2002 (Noon) August 19, 2002 (Noon) September 3, 2002 (8:00 a.m.) Requested City Commission Meeting Dates [] October 1,2002 [] October 15, 2002 [] November 6, 2002 [] November 19, 2002 Date Final Form Must be Turned in to City Clerk's Office September 16, 2002 (Noon) September 30, 2002 (Noon) October 14, 2002 (Noon) November 5, 2002 (Noon) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Motion to authorize the City Manager to execute the Letter of Appointment for Peter Mazzella, as Deputy Utilities Director, Utilities Administration, and Barbara Conboy as Manager, Utilities Administration. EXPLANATION: Due to the pending retirement in December of Utilities Director, John Guidry, the Utilities Department is being reorganized with a distribution of his duties and responsibilities to the five (5) senior staff members. The position of Director of Utilities will not be filled. PROGRAM IMPACT: Leadership of the Department will be shared by the five senior staff members. FISCAL IMPACT: ALTERNATIVES: Department Head's Signature Department Name ' ~itf!~Ianager's Signature / Ci~-~ti~aey ~ Finance / Human Resources SSI3ULLETIN~rORMSLAGENDA ITEM REQUEST FORM.DOC RESOLUTION NO. R02- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE LETTERS OF APPOINTMENT FOR BARBARY CONBOY, AS MANAGER OF UTILITY ADMINISTRATION, AND PETER MAZ~LLA, AS DEPUTY UTILITIES DIRECTOR; PROVIDING AN EFFECTIVE DATE. WF[EREAS, due to the pending retirement of the Director of Utilities, John Guidry, the City Manager has recommended a reorganization of Utility Administration, that would distribute the duties and responsibility of that office to the five senior staff members; and WREREAS, it is deemed to be in the best interests of the City to enter into Letters of Appointment for Barbara Conboy and Peter Mazzella, setting forth each of their duties and responsibilities, as set out in the Letters, of Appointment attached hereto and made a part hereof. NOW, THEREFORE, BE IT RESOLVED BY ~ CITY COMMISSION OF ~ CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. by this reference. The foregoing Whereas clauses are true and correct and incorporated herein Section 2. The City Commission of the City of Boynton Beach, Florida authorizes the City Manager to enter into Letter of Appointments for Barbara Conboy and Peter Mazzella, those Letters of Appointment being attached hereto and made a part hereof. Section 3. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this __ day of September, 2002. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner City Clerk (Corporate Seal) Commissioner S:\CA'~RESO~ErAoloyment Mattem~RESO - APPOINTMENT LETTERS ADDENDUMS.doc LETTER OF APPOINTMENT PETER MAZZELLA DEPUTY UTILITIES DIRECTOR August ,2002 Mr. Peter Mazzella City of Boynton Beach 100 East Boynton Beach Blvd. Boynton Beach, FL 33435 Dear Mr. Mazzella: I am pleased to offer you an appointment as Deputy Utilities Director. By accepting this position you are representing to the City that you have reviewed the job description for the position and that you possess the professional expertise and experience to perform the services to be provided by you pursuant to the terms of this appointment. The position of Deputy Utilities Director is a contractual appointment by the City Manager of an individual in a specialized field and not a civil service position. The City's Civil Service Rules and Regulations are not applicable to you and by accepting this position you are waving any fights you may have enjoyed under those rules and regulations. The provisions of the City's Personnel Policy Manual (PPM), as amended from time to time, are applicable to you, except as listed below. The following Chapters of the PPM have no application to you: Chapter II Employment. Chapter III Compensation. Chapter III Compensation. Chapter III Compensation. Chapter VII Resignation Chapter IV Benefits. Chapter IV Benefits. Chapter IV Benefits. Chapter III Compensation. Chapter VI Discipline. Chapter VI Discipline. 02. Recruitment and Selection 02. Overtime 03 Callback and On Call 04. Compensatory Time 01. Termination Pay 09. Retirement Benefits 02. Vacation Leave 03. Sick Leave with Pay 06. Incentive Pay System 01. Disciplinary Actions 02. Formal Grievances If you accept this appointment you will be an at will employee of the City you have no vested or property right in your position. You acknowledge that there has been no representation or promise, expressed or implied fixing the term of your appointment, except as provided for herein. The job description for Deputy Utilities Director is S:\CALhGMTS~Employment Agreements\CLEAN MAZZELLALETTER OF APPOINTMENT 080502.doc attached as Exhibit "A", and you agree to provide the City with the services included in that job description. Except as otherwise expressly provided by this Appointment, as Deputy Utilities Director, you shall at all times: Devote all your time, attention, knowledge, and skill solely and exclusively to the business and interests of the City during normal working hours and at City related events after normal business hours. bo Perform your duties and obligations faithfully, industriously, and to the best of your ability. Co Not engage in conflicting outside employment except with prior written authorization of the City Manager or his designee. Keep the City Manager or his designee fully informed in advance of all travel and activities that take you out of the office for more than a day at a time. All travel must receive prior written approval of the City Manager or his designee. I will, review and evaluate your performance annually in advance of the adoption of the annual operating budget. The review and evaluation shall be in accordance with performance criteria developed by the City Manager or his designee. The criteria may be added to or deleted from as the City Manager or his designee may from time to time determine, except that you shall not be evaluated for tasks if no performance criteria have been established. Further, the City Manager or his designee shall provide to you a summary written statement of the evaluation and provide an adequate opportunity for you to discuss your evaluation with the City Manager or his designee. Periodically, you will meet with the City Manager or his designee and define such goals and performance objectives that are determined necessary in attainment of the objectives and shall further establish a relative priority among those various goals and objectives, which shall be reduced to writing. Such goals and objectives shall be generally attainable within the time limitations as specified in the annual operating and capital budgets and appropriations provided by the City. Compensation reviews are not subject to any specific formula applicable to other City personnel. Wage adjustments shall be at the sole discretion of the City Manager or his designee and are subject to the appropriation of funds by the City Commission. Your compensation and other monetary benefits are as follows: · You shall receive an annual salary of SEVENTY-SEVEN THOUSAND THREE HUNDRED FORTY-TWO AND 72/100 DOLLARS ($77,342.72), payable in S:\CA~AGMTS~Employment Agreements\CLEAN MAZZELLALETTER OF APPOINTMENT 080502.doc equal installments paid at the same intervals as the City's management personnel are paid. · The City shall pay or reimburse you consistent with reimbursement policies for City managerial employees. · You shall receive the same Health Insurance benefit provided to non-union City employees hired prior to 10/1/91. You shall receive the Management Incentive Package, which consists of enhanced life insurance and compensatory leave, which became effective in 2001 for Supervisory Management Employees. · You shall receive the same benefit Disability Insurance provided to non-union City employees hired prior to 10/1/91. You are currently enrolled in, and shall enjoy all benefits provided under the General Employee Pension Plan. You shall receive the same Retirement System benefit provided to non-union employees hired prior to 10/1/91. · You shall be entitled to observe the same paid legal holidays as managerial employees hired prior to 10/1/91. · You shall be entitled to observe the same vacation accrual as managerial employees hired prior to 10/1/91. You shall accumulate sick leave as provided under the rules and regulations for other managerial employees of the City, including pay-out for unused sick leave on termination based on the standard for employees of the City hired prior to October 1, 1991. You shall receive either: the use of a City-owned vehicle that may be used during working hours, and also for commuting to and from work; or a vehicle allowance of $300.00 per month to cover the costs of maintaining and operating your private vehicle for use during working house and events. If you accept the appointment, the City shall defend and indemnify you against all claims and actions, civil or criminal, provided the claims or actions arise out of and in the course of the performance of your duties and responsibilities pursuant to this Appointment; and pay any judgment that may be entered against you in a civil action arising out of and in the course of the performance of your duties and responsibilities pursuant to this Appointment, except a judgment based on intentional wrongdoing by you. The City reserves the right to select, appoint, retain, or discharge legal counsel necessary to provide the foregoing defense. The effective date of your appointment is October 1, 2001. SSCA~AGMTS~Employment Agreements\CLEAN MAZZELLALETTER OF APPOINTMENT 080502.doc This Appointment shall terminate: Co do At any time by mutual agreement of you and the City; Upon your sustained inability for all or substantially all of 180 calendar days in a 190 day period to perform all of your duties and obligations pursuant to this Appointment as a result of physical or mental illness or condition, which inability shall be verified at the City's expense (to the extent not covered by applicable medical insurance maintained by the City) by a licensed physician within fifteen days of a request for selection. The examining physician will be selected solely by the City; At any time by the City Manager or his designee's and City Commissions' unilateral termination of your Appointment for the position. Unilateral termination shall be in writing, signed by the City Manager or his designee, and need not reflect performance-related reasons; Your death; Your resignation. A resignation shall be submitted in writing and shall provide for an actual resignation date no later than forty-five (45) days following the date of notice of resignation. If this Appointment is terminated by unilateral action by the City Manager or his designee, you shall be entitled only to: a. Reimbursement for as-yet non-reimbursed expenses pursuant to this Appointment; b. An amount for accrued and unused vacation leave, not to exceed the maximum number of days permitted by law, according to the schedule/formula for non-union employees hired prior to 10/1/91; c. An amount for the accrued and unused sick leave, not to exceed the maximum number of days permitted by law, according to the scheduled/formula for non-union employees hired prior to 10/1/91; d. Ninety (90) days of prorated base salary calculated as follows: Your annual base salary as of the termination date, shall be divided by 365 days, and that amount shall be multiplied by 90 days, less customary taxes/withholdings. If this Appointment terminates upon mutual agreement of the parties, you shall be entitled to: ao Reimbursement for as-yet non-reimbursed expenses pursuant to this Appointment; An amount for accrued and unused vacation leave, not to exceed the maximum number of days permitted by law, according to the schedule/formula for non-union employees hired prior to 10/1/91; S:\CAkAGMTSkEmployment Agreements\CLEAN MAZZELLALETTER OF APPOINTMENT 080502.doc Co An amount for accrued and unused sick leave, not to exceed the maximum number of days permitted by law, according to the schedule/formula for non-union employees hired after 10/1/91. If this Appointment terminated due to your physical disability or death, you or your guardian, beneficiary or personal representative shall be entitled only to the following compensation and benefits: ao do Base salary through the date of resignation or such other date as mutually agreed to between you and the City Manager or his designee; Reimbursement for as-yet non-reimbursed expenses pursuant to this Appointment; An amount for accrued and unused sick and vacation leave, not to exceed the maximum number of days permitted by law, according to the schedule/formula for non-union employees hired after 10/1/91; Life and/or disability benefits if applicable. No modification of or amendment to this Appointment shall be valid unless reduced to writing and signed by both parties. No collective-bargaining agreement to which the CITY is a party shall in whole or in part govem, apply to, or be deemed part of or incorporated into this appointment. Any civil action arising out of this Appointment or the nonperformance or breach of any covenant contained in it shall be brought only in Palm Beach County, Florida. The CITY's waiver of any breach of any term, condition, or covenant of this Appointment shall not constitute the waiver of any other breach of the same or any other term, condition, or covenant of this appointment. This Agreement shall be binding on and inure to the benefit of your heirs and personal representatives and, the City regardless of changes in the persons holding office as members of the City. If any provision of this Appointment or the application of any provision to any party or circumstance shall be prohibited by or invalid under applicable law, the provision shall be ineffective to the extent of such prohibition or invalidity without invalidating the remaining provisions of this appointment or their application to other parties or circumstances. This appointment and the terms, conditions, and covenants contained in it shall be governed by and construed in accordance with the laws of the State of Florida. This appointment letter contains the entire agreement between the City and you. All prior agreements and understandings, whether written or oral, pertaining to the City's S:\CA~AGMTS~Employment Agreements\CLEAN MAZZELLALETTER OF APPOINTMENT 080502.doc appointment of you are fully abrogated and of no further force and effect from and after the date of this appointment letter. Regardless of which party's counsel prepared the original draft and subsequent revisions of this letter of appointment, the appointee and the City and their respective counsel have had equal opportunity to contribute to and have contributed to its contents, and this Appointment shall not be deemed to be the product of and, therefore, construed against either of them. The omission from this letter of a term or provision contained in an earlier draft of the letter shall have no evidentiary significance regarding the intent of the parties. If the foregoing terms and conditions are acceptable to you, please sign and date the original of this letter in the space provided below and return it to me. Very truly yours, Kurt Bressner City Manager Peter Mazzella Dated: S:\CALAGMTS~Employment Agreements\CLEAN MAZZELLALETTER OF APPOINTMENT 080502.doc LETTER OF APPOINTMENT BARBARA CONBOY MANAGER, UTILITIES ADMINISTRATION September ,2002 Ms. Barbara Conboy City of Boynton Beach 100 East Boynton Beach Blvd. Boynton Beach, FL 33435 Dear Ms. Conboy: I am pleased to offer you an appointment to the position of Manager, Utilities Administration. By accepting this position you are representing to the City that you have reviewed the job description for the position and that you possess the professional expertise and experience to perform the services to be provided by you pursuant to the terms of this appointment. The position of Manager, Utilities Administration is a contractual, specialized field position subject to appointment by the City Manager and not a civil service position. The City's Civil Service Rules and Regulations are not applicable to the position and by accepting the position you are waiving any rights you may have enjoyed under those rules and regulations. The provisions of the City's Personnel Policy Manual (PPM), as amended from time to time, are applicable to you, except as listed below. The following Chapters of the PPM have no application to you: Chapter II Employment. 02. Recruitment and Selection Chapter III Compensation. 02. Overtime Chapter III Compensation. 03 Callback and On Call Chapter III Compensation. 04. Compensatory Time Chapter VII Resignation 01. Termination Pay Chapter IV Benefits. 09. Retirement Benefits Chapter IV Benefits. 02. Vacation Leave Chapter IV Benefits. 03. Sick Leave with Pay Chapter III Compensation. 06. Incentive Pay System Chapter VI Discipline. 01. Disciplinary Actions Chapter VI Discipline. 02. Formal Grievances S:\CA~AGMTS~Draft Agreements KB\CLEAN CONBOY LETTER OF APPOINTMENT CONBOY.doc If you accept this appointment you will be an "at will" employee of the City and you have no vested right or property right in your position. You acknowledge that there has been no representation or promise, expressed or implied fixing the term of your appointment. The job description for Manager, Utilities Administration is attached as Exhibit "A", and you agree to provide the City with the services included in that job description. Except as otherwise expressly provided by this Appointment, as Manager, Utilities Administration you shall at all times: Devote all your time, attention, knowledge, and skill solely and exclusively to the business and interests of the City during normal working hours and at City related events after normal business hours. bo Perform your duties and obligations faithfully, industriously, and to the best of your ability. Co Not engage in conflicting outside employment except with prior written authorization of the City Manager or his designee. do Keep the City Manager or his designee fully informed in advance of all travel and activities that take you out of the office for more than a day at a time. All travel must receive prior written approval of the City Manager or his designee. A performance evaluation will be conducted by April 1st of each year, commencing April 1, 2003, and each and every April 1st thereafter. In addition, a mid-term evaluation will be conducted by November 1 st of each year, commencing November 1, 2002 and by every November 1 st thereafter. The review and evaluation shall be in accordance with performance criteria developed by the City Manager or his designee. The criteria may be added to or deleted from as the City Manager or his designee may from time to time determine. Further, the City Manager or his designee shall provide to you a summary written statement of the evaluation and provide an adequate opportunity for you to discuss your evaluation with the City Manager or his designee. Periodically, you will meet with the City Manager or his designee and define such goals and performance objectives that are determined necessary in attainment of the objectives and shall further establish a relative priority among those various goals and objectives, which shall be reduced to writing. Such goals and objectives shall be generally attainable within the time limitations as specified in the annual operating and capital budgets and appropriations provided by the City. S:\CAXAGMTSXS)raft Agreements KB\CLEAN CONBOY LETTER OF APPOINTMENT CONBOY.doc Compensation reviews are not subject to any specific formula applicable to other City personnel. Wage adjustments shall be at the sole discretion of the City Manager or his designee and are subject to the appropriation of funds by the City Commission. Your compensation and other monetary benefits are as follows: You shall receive an annual salary of FWTY THOUSAND NINE HUNDRED THIRTY AND 88/100 DOLLARS ($50,930.88), payable in equal installments paid at the same intervals as the City's management personnel are paid. · The City shall pay or reimburse you consistent with reimbursement policies for City managerial employees. · You shall receive the same Health Insurance benefit provided to non-union City employees hired prior to 10/1/91. · You shall receive the Management Incentive Package, which became effective in 2001 for Supervisory Management Employees. · You shall receive the same benefit Disability Insurance provided to non-union City employees hired prior to 10/1/91. You are currently enrolled in, and shall enjoy all benefits provided under the General Employee Pension Plan. You shall receive the same Retirement System benefit provided to non-union employees hired prior to 10/1/91. · You shall be entitled to observe the same paid legal holidays as managerial employees hired prior to 10/1/91. · You shall be entitled to observe the same vacation accrual as managerial employees hired prior to 10/1/91. You shall accumulate sick leave as provided under the rules and regulations for other managerial employees of the City, including pay-out for unused sick leave on termination based on the standard for employees of the City hired prior to October 1, 1991. You shall receive either: the use of a City-owned vehicle that may be used during working hours, and also for commuting to and from work; or a vehicle allowance of $300.00 per month to cover the costs of maintaining and operating your private vehicle for use during working hours and events. If you accept the appointment, the City shall defend and indemnify you against all claims and actions, civil or criminal, provided the claims or actions arise out of and in the course of the performance of your duties and responsibilities pursuant to this Appointment; and pay any judgment that may be entered against you in a civil action arising out of and in S:\CA~AGMTS'tDrafi Agreements KB\CLEAN CONBOY LETTER OF APPOINTMENT CONBOY.doc the course of the performance of your duties and responsibilities pursuant to this Appointment, except a judgment based on intentional wrongdoing by you. The City reserves the right to select, appoint, retain, or discharge legal counsel necessary to provide the foregoing defense. The effective date of your appointment is October 1,2001. This Appointment shall terminate: ao co At any time by mutual agreement of you and the City; Upon your sustained inability for all or substantially all of 180 calendar days in a 190 day period to perform all of your duties and obligations pursuant to this Appointment as a result of physical or mental illness or condition, which inability shall be verified at the City's expense (to the extent not covered by applicable medical insurance maintained by the City) by a licensed physician within fifteen days of a request for selection. The examining physician will be selected solely by the City; At any time by the City Manager or his designee's and City Commissions' unilateral termination of your Appointment for the position. Unilateral termination shall be in writing, signed by the City Manager or his designee, and need not reflect performance-related reasons; Your death; Your resignation. A resignation shall be submitted in writing and shall provide for an actual resignation date no later than forty-five (45) days following the date of notice of resignation. If this Appointment is terminated by unilateral action by the City Manager or his designee, you shall be entitled only to: a. Reimbursement for as-yet non-reimbursed expenses pursuant to this Appointment; b. An amount for accrued and unused vacation leave, not to exceed the maximum number of days permitted by law, according to the schedule/formula for non-union employees hired prior to 10/1/91; c. An amount for the accrued and unused sick leave, not to exceed the maximum number of days permitted by law, according to the scheduled/formula for non-union employees hired prior to 10/1/91; d. Ninety (90) days of prorated base salary calculated as follows: Your annual base salary as of the termination date, shall be divided by 365 days, and that amount shall be multiplied by 90 days, less customary taxes/withholdings. If this Appointment terminates upon mutual agreement of the parties, you shall be entitled to: S:\CA~_GMTS~3raft Agreements KB\CLEAN CONBOY LETTER OF APPOINTMENT CONBOY.doc a. Reimbursement for as-yet non-reimbursed expenses pursuant to this Appointment; b. An amount for accrued and unused vacation leave, not to exceed the maximum number of days permitted by law, according to the schedule/formula for non-union employees hired prior to 10/1/91; c. An amount for accrued and unused sick leave, not to exceed the maximum number of days permitted by law, according to the schedule/formula for non-union employees hired prior to 10/1/91. If this Appointment terminated due to your physical disability or death, you or your beneficiary, guardian or personal representative shall be entitled only to the following compensation and benefits: ao do Base salary through the date of resignation or such other date as mutually agreed to between you and the City Manager or his designee; Reimbursement for as-yet non-reimbursed expenses pursuant to this Appointment; An amount for accrued and unused sick and vacation leave, not to exceed the maximum number of days permitted by law, according to the schedule/formula for non-union employees hired after 10/1/91; Life and/or disability benefits if applicable. No modification of or amendment to this Appointment shall be valid unless reduced to writing and signed by both parties. No collective-bargaining agreement to which the CITY is a party shall in whole or in part govern, apply to, or be deemed part of or incorporated into this appointment. Any civil action arising out of this Appointment or the nonperformance or breach of any covenant contained in it shall be brought only in Palm Beach County, Florida. The CITY's waiver of any breach of any term, condition, or covenant of this Appointment shall not constitute the waiver of any other breach of the same or any other term, condition, or covenant of this appointment. This Agreement shall be binding on and inure to the benefit of your heirs and personal representatives and, the City regardless of changes in the persons holding office as members of the City. If any provision of this Appointment or the application of any provision to any party or circumstance shall be prohibited by or invalid under applicable law, the provision shall be ineffective to the extent of such prohibition or invalidity without invalidating the remaining provisions of this appointment or their application to other parties or circumstances. S:\CA~AGMTS~Draft Agreements KB\CLEAN CONBOY LETTER OF APPOINTMENT CONBOY.doc This appointment and the terms, conditions, and covenants contained in it shall be governed by and construed in accordance with the laws of the State of Florida. This appointment letter contains the entire agreement between the City and you. All prior agreements and understandings, whether written or oral, pertaining to the City's appointment of you are fully abrogated and of no further force and effect from and after the date of this appointment letter. Regardless of which party's counsel prepared the original draft and subsequent revisions of this letter of appointment, the appointee and the City and their respective counsel have had equal opportunity to contribute to and have contributed to its contents, and this Appointment shall not be deemed to be the product of and, therefore, construed against either of them. The omission from this letter of a term or provision contained in an earlier draft of the letter shall have no evidentiary significance regarding the intent of the parties. If the foregoing terms and conditions are acceptable to you, please sign and date the original of this letter, in the space provided below, and return it to me. Very truly yours, Kurt Bressner City Manager Barbara Conboy Dated: S:\CA~uS~GMTS\Draft Agreements KB\CLEAN CONBOY LETTER OF APPOINTMENT CONBOY.doc Requested City Commission Meeting Dates [] August 6, 2002 [] August 20, 2002 [] September 3, 2002 [] September 17, 2002 VII.-CONSENT AGENDA ITEM C.10 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to City Clerk's Office July 17, 2002 (5:00 p.m.) August 5, 2002 (Noon) August 19, 2002 (Noon) September 3, 2002 (8:00 a.m.) Requested City Commission Meeting Dates [] October 1, 2002 [] October 15,2002 [] November 6, 2002 [] November 19, 2002 Date Final Form Must be Tumed in to City Clerk's Office September 16, 2002 (Noon) September 30, 2002 (Noon) October 14, 2002 (Noon) November 5, 2002 (Noon) NATURE OF AGENDA ITEM [] Adm/mstrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Motion to approve the Letter of Appointment for John McNally, as Manager, ITS Department, authorizing execution by the City Manager. EXPLANATION: Due to the professional expertise and experience required in the operation of the ITS Department, staff has recommended that a Letter of Appointment be entered into with John McNally, as Manager of this department, setting forth specific duties and responsibilities. PROGRAM IMPACT: N/A FISCAL IMPACT: None. ALTERNATIVES: Department Head's Signature C~ty Manager's Signature City Manager Department Name City Atto~/"llrinance / Human Resources S:~BULLETIN~ORMS~4.GENDA ITEM REQUEST FORM.DOC RESOLUTION NO. R02- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A LETTER OF APPOINTMENT FOR JOHN MCNALLY, MANAGER OF THE ITS DEPARTMENT; PROVIDING AN EFFECTIVE DATE. WFI~REAS, due to the technical and professional expertise and experience required in the operation of the Information Technology Systems (1TS) Department, it is deemed to be in the best interests of the City to enter into a Letter of Appointment for John McNally as Manager. NOW, TFIEREFORE, BE IT RESOLVED BY TIlE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. by this reference. The foregoing Whereas clauses are true and correct and incorporated herein Section 2. The City Commission of the City of Boynton Beach, Florida authorizes the City Manager to enter into a Letter of Appointment for John McNally, Manager of the ITS Department, a copy of which Letter of Appointment is attached hereto and made a part hereof. Section 3. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this day of September, 2002. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner City Clerk (Corporate Seal) ;:\CA\RESO\Employment Matters\McNally RESO - APPOINTMENT LETTERS ADDENDUM.doc LETTER OF APPOINTMENT OF JOHN McNALLY ITS MANAGER September ,2002 Mr. John McNally City of Boynton Beach 100 East Boynton Beach Blvd. Boynton Beach, FL 33435 Dear Mr. McNally: I am pleased to offer you an appointment to the position of Manager, ITS Department. By accepting this position you are representing to the City that you have reviewed the job description for the position and that you possess the professional expertise and experience to perform the services to be provided by you pursuant to the terms of this appointment. The position of Manager, ITS Department is a contractual, specialized field position subject to appointment by the City Manager and not a civil service position. The City's Civil Service Rules and Regulations are not applicable to the position and by accepting the position you are waiving any rights you may have enjoyed under those rules and regulations. The provisions of the City's Personnel Policy Manual (PPM), as amended from time to time, are applicable to you, except as listed below. The following Chapters of the PPM have no application to you: Chapter II Employment. Chapter III Compensation. Chapter III Compensation. Chapter III Compensation. Chapter VII Resignation Chapter IV Benefits. Chapter IV Benefits. Chapter IV Benefits. Chapter III Compensation. Chapter VI Discipline. Chapter VI Discipline. 02. Recruitment and Selection 02. Overtime 03 Callback and On Call 04. Compensatory Time 01. Termination Pay 09. Retirement Benefits 02. Vacation Leave 03. Sick Leave with Pay 06. Incentive Pay System 01. Disciplinary Actions 02. Formal Grievances S:\CAL~GMTS\Drafi Agreements KBhMcNally DRAFT LETTER OF APPOINTMENT.doc If you accept this appointment you will be an "at will" employee of the City and you have no vested right or property right in your position. You acknowledge that there has been no representation or promise, expressed or implied fixing the term of your appointment. The job description for Manager, ITS Department is attached as Exhibit "A", and you agree to provide the City with the services included in that job description. Except as otherwise expressly provided by this Appointment, as Manager of the ITS Department you shall at all times: ao Devote all your time, attention, knowledge, and skill solely and exclusively to the business and interests of the City during normal working hours and at City related events after normal business hours. Perform your duties and obligations faithfully, industriously, and to the best of your ability. Co Not engage in conflicting outside employment except with prior written authorization of the City Manager or his designee. do Keep the City Manager or his designee fully informed in advance of all travel and activities that take you out of the office for more than a day at a time. All travel must receive prior written approval of the City Manager or his designee. A performance evaluation will be conducted by April 1st of each year, commencing April 1, 2003, and each and every April 1st thereafter. In addition, a mid-term evaluation will be conducted by November 1st of each year, commencing November 1, 2002 and by every November 1 st thereafter. The review and evaluation shall be in accordance with performance criteria developed by the City Manager or his designee. The criteria may be added to or deleted from as the City Manager or his designee may from time to time determine. Further, the City Manager or his designee shall provide to you a summary written statement of the evaluation and provide an adequate opportunity for you to discuss your evaluation with the City Manager or his designee. Periodically, you will meet with the City Manager or his designee and define such goals and performance objectives that are determined necessary in attainment of the objectives and shall further establish a relative priority among those various goals and objectives, which shall be reduced to writing. Such goals and objectives shall be generally attainable within the time limitations as specified in the annual operating and capital budgets and appropriations provided by the City. Compensation reviews are not subject to any specific formula applicable to other City personnel. Wage adjustments shall be at the sole discretion of the City Manager or his designee and are subject to the appropriation of funds by the City Commission. S:\CA~AGMTS~)raft Agreements KBhMcNally DRAFT LETTER OF APPOINTMENT.doc Your compensation and other monetary benefits are as follows: You shall receive an annual salary of SIXTY NINE THOUSAND THREE HUNDRED FORTY-TWO and 00/100 DOLLARS ($69,342.00), payable in equal installments paid at the same intervals as the City's management personnel are paid. · The City shall pay or reimburse you consistent with reimbursement policies for City managerial employees. · You shall receive the same Health Insurance benefit provided to non-union City employees hired after 10/1/91. · You shall receive the Management Incentive Package, which became effective in 2001 for Supervisory Management Employees. · You shall receive the same benefit Disability Insurance provided to non-union City employees hired after 10/1/91. You are currently enrolled in, and shall enjoy all benefits provided under the General Employee Pension Plan. You shall receive the same Retirement System benefit provided to non-union employees hired after 10/1/91. · You shall be entitled to observe the same paid legal holidays as managerial employees hired after 10/1/91. · You shall be entitled to observe the same vacation accrual as managerial employees hired after 10/1/91. You shall accumulate sick leave as provided under the rules and regulations for other managerial employees of the City, including pay-out for unused sick leave on termination based on the standard for employees of the City hired after October 1, 1991. If you accept the appointment, the City shall defend and indemnify you against all claims and actions, civil or criminal, provided the claims or actions arise out of and in the course ' of the performance of your duties and responsibilities pursuant to this Appointment; and pay any judgment that may be entered against you in a civil action arising out of and in the course of the performance of your duties and responsibilities pursuant to this Appointment, except a judgment based on intentional wrongdoing by you. The City reserves the right to select, appoint, retain, or discharge legal counsel necessary to provide the foregoing defense. The effective date of your appointment is April 1, 2002. S:\CA~AGMTS\Draft Agreements KB~,lcNally DRAFT LETTER OF APPOINTMENT.doc This Appointment shall terminate: ao co do At any time by mutual agreement of you and the City; Upon your sustained inability for all or substantially all of 180 calendar days in a 190 day period to perform all of your duties and obligations pursuant to this Appointment as a result of physical or mental illness or condition, which inability shall be verified at the City's expense (to the extent not covered by applicable medical insurance maintained by the City) by a licensed physician within fifteen days of a request for selection. The examining physician will be selected solely by the City; At any time by the City Manager or his designee's and City Commissions' unilateral termination of your Appointment for the position. Unilateral termination shall be in writing, signed by the City Manager or his designee, and need not reflect performance-related reasons; Your death; Your resignation. A resignation shall be submitted in writing and shall provide for an actual resignation date no later than thirty (30) days following the date of notice of resignation. If this Appointment is terminated by unilateral action by the City Manager or his designee, you shall be entitled only to: a. Reimbursement for as-yet non-reimbursed expenses pursuant to this Appointment; b. An amount for accrued and unused vacation leave, not to exceed the maximum number of days permitted by law, according to the schedule/formula for non-union employees hired prior to 10/1/91; c. An amount for the accrued and unused sick leave, not to exceed the maximum number of days permitted by law, according to the scheduled/formula for non-union employees hired prior to 10/1/91; d. Ninety (90) days of prorated base salary calculated as follows: Your annual base salary as of the termination date, shall be divided by 365 days, and that amount shall be multiplied by 90 days, less customary taxes/withholdings. If this Appointment terminates upon mutual agreement of the parties, you shall be entitled to: ao co Reimbursement for as-yet non-reimbursed expenses pursuant to this Appointment; An amount for accrued and unused vacation leave, not to exceed the maximum number of days permitted by law, according to the schedule/formula for non-union employees hired after 10/1/91; An amount for accrued and unused sick leave, not to exceed the maximum number of days permitted by law, according to the schedule/formula for non-union employees hired after 10/1/91. S:\CAXAGMTSXDraft Agreements KBhMcNally DRAFT LETTER OF APPOINTMENT.doc If this Appointment terminated due to your physical disability or death, you or your beneficiary, guardian or personal representative shall be entitled only to the following compensation and benefits: ao Base salary through the date of resignation or such other date as mutually agreed to between you and the City Manager or his designee; Reimbursement for as-yet non-reimbursed expenses pursuant to this Appointment; An amount for accrued and unused sick and vacation leave, not to exceed the maximum number of days permitted by law, according to the schedule/formula for non-union employees hired after 10/1/91; Life and/or disability benefits if applicable. No modification of or amendment to this Appointment shall be valid unless reduced to writing and signed by both parties. No collective-bargaining agreement to which the CITY is a party shall in whole or in part govern, apply to, or be deemed part of or incorporated into this appointment. Any civil action arising out of this Appointment or the nonperformance or breach of any covenant contained in it shall be brought only in Palm Beach County, Florida. The CITY's waiver of any breach of any term, condition, or covenant of this Appointment shall not constitute the waiver of any other breach of the same or any other term, condition, or covenant of this appointment. This Agreement shall be binding on and inure to the benefit of your heirs and personal representatives and, the City regardless of changes in the persons holding office as members of the City. If any provision of this Appointment or the application of any provision to any party or circumstance shall be prohibited by or invalid under applicable law, the provision shall be ineffective to the extent of such prohibition or invalidity without invalidating the remaining provisions of this appointment or their application to other parties or circumstances. This appointment and the terms, conditions, and covenants contained in it shall be governed by and construed in accordance with the laws of the State of Florida. This appointment letter contains the entire agreement between the City and you. All prior agreements and understandings, whether written or oral, pertaining to the City's appointment of you are fully abrogated and of no further force and effect from and after the date of this appointment letter. S:\CA~GMTS~)raft Agreements KBhMcNally DRAFT LETTER OF APPOINTMENT.doc Regardless of which party's counsel prepared the original draft and subsequent revisions of this letter of appointment, the appointee and the City and their respective counsel have had equal oppommity to contribute to and have contributed to its contents, and this Appointment shall not be deemed to be the product of and, therefore, construed against either of them. The omission from this letter of a term or provision contained in an earlier draft of the letter shall have no evidentiary significance regarding the intent of the parties. If the foregoing terms and conditions are acceptable to you, please sign and date the original of this letter, in the space provided below, and return it to me. Very truly yours, Kurt Bressner City Manager John McNally Dated: S:\CAXAGMTS\Draft Agreements KBWIcNally DRAFT LETTER OF APPOINTMENT.doc Requested City Commission Meeting Dates [] August 6, 2002 [] August 20,2002 [] September 3, 2002 [] September 17, 2002 VII. - CONSENT AGENDA CITY OF BOYNTON BEACH ITEM C.11. AGENDA ITEM REQUEST FOI v Date Final Form Must be Tumed in to City Clerk's Office July 17, 2002 (5:00 p.m.) August 5, 2002 (Noon) August 19, 2002 (Noon) September 3, 2002 (8:00 a.m.) Requested City Commission Meeting Dates [] October 1,2002 [] October 15, 2002 [] November 6, 2002 [] November 19, 2002 Date Final Form Must be Turned in to City Clerk's Office September 16, 2002 (Noon) September 30, 2002 (Noon) October 14, 2002 (Noon) November 5, 2002 (Noon) NATURE OF AGENDA ITEM [] Admimstrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Approve Resolution to incorporate the Amended Exhibit to the previously approved Agreement between the City and VDS Associates, Ltd. EXPLANATION: The Exhibit to the Agreement has been amended to reflect the addition of the paver brick sidewalk which was constructed in the City's right-of-way. The entire paver brick sidewalk was not indicated on the Exhibit attached to the original Agreement. Adoption of the Resolution clarifies what infrastructure is allowed, pursuant to the agreement. PROGRAM IMPACT: n/a FISCAL IMPACT: n/a ALTERNATIVES: Department Head's Signature Department Name Require VDS to remove the paver brick sidewalk. ~:ity]M'anager s SignatUre City Attorney / Finance / Human Resources S2BULLETINWORMS~GENDA ITEM REQUEST FORM.DOC RESOLUTION R 02- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORJDA, ACCEPTING AN AMENDED EXHIBIT "A" TO THE LICENSE AGREEMENT WITH VDS ASSOCIATES, LTD., FOR THE INSTALLATION AND MAINTENANCE OF LANDSCAPING IMPROVEMENTS AT THE NORTHWEST CORNER OF FEDERAL HIGHWAY AND OLD DIXIE HIGHWAY; AND PROVIDING AN EFFECTIVE DATE. WttEREAS, on June 18, 2002, the City Commission approved Resolution No. R 02- 094 which authorized the Mayor and City Clerk to execute a Revocable License Agreement VDS Associates, Ltd.; and WHEREAS, subsequent to the approval by the City Commission, VDS Associates, installed a brick paver sidewalk along Federal Highway and across the front entrance as ;ed to a concrete sidewalk as originally proposed; and WItEREAS, in order to properly provide for these amendments to the original plans were attached to the Revocable License Agreement as Exhibit "A", the City :ommission desires to attach the exhibit attached to this Resolution as the correct Exhibit "A" to the Revocable License Agreement with VDS Associates, Ltd. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Commission of the City of Boynton Beach, Florida does authorize the City Clerk to substitute the Exhibit "A" to the Revocable License between the City and VDS Associates, Ltd. with the Exhibit attached to this and incorporated herein by reference. Section 2. This Resolution will become effective immediately upon passage. PASSES AND ADOPTED this day of September, 2002. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner ATTEST: Commissioner City Clerk DNT:dnt \X.IGC DE_FS\LIB RARY~ 1990\900182.B BLRESO\VDS Amended Exhibit A.doc ~ m : .l I VII. - CONSENT AGENDA ITEM C.12. CITY OF BOYNTON BEACI AGENDA ITEM REQUEST FORM Requested City Commission Meeting Dates ~] August 6, 2002 ~'~ August 20, 2002 ] September 3, 2002 [] September 17,2002 Date Final Form Must be Turned in to City Clerk's Office July 17, 2002 (5:00 p.m.) August 5, 2002 (Noon) August 19, 2002 (Noon) September 3, 2002 (8:00 a.m.) Requested City Commission Meeting Dates ] October 1,2002 ] October 15,2002 ] November 6,2002 ] November 19,2002 Date Final Form Must be Turned in to City Clerk's Office September 16, 2002 (Noon) September 30, 2002 (Noon) October 14, 2002 (Noon) November 5, 2002 (Noon) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] ConsentAgenda [] New Bnsiness [] Public Hearing [] Legal ~] Bids [] UalinishedBusiness [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: ~ -: Motion to approve and anthorimtion to execute by Resolution Consultant Contract Amendn~i~t in ~e amount of $134,218.15 with Kimley-Horu and Associates, Inc. for additional Construction Phase Services~m support of the Indnstrial Avenue Corridor/Imke Boynton Estates Infrastructure Improvement Project. EXPLANATION: The original Contract with Kimley-Horn included a budget of $54,780 for Task 5, Construction Phase Services, anticipating that the project could be constructed in 3 ¼ months. However, after two separate public meetings with the property owners, the project scope increased substantially based upon the addition of several elements including: additional water mains, fire hydrants, service connections, construction of a right-turn lane from West Industrial Avenue to Boynton Beach Boulevard, widening of the somheru section of West Industrial Avenue, construction of additional drainage improvements along West Industrial Avenue, construction of improvements to the FDOT ditch connecting detention pond B to the E-4 canal, construction of additional sidewalk improvements in the Industrial Avenue area at detention pond B and construction of a new outfall for drainage. These increases to the scope resulted in a much longer overall construction duration of 9 months. However, the project has been greatly enhanced and the property owners are very pleased. In addition the City requested that the Kimley-Horu field representative be engaged on a full-time basis to oversee the contractor's progress. This was due to concerns over the quality of work and compliance with the contract documents. The original budget was premle4nl on the joint participation of the Kimley-Horu repr~,entative being assigned on a half time basis, sharing oversight and inspection duties with the City's Construction Inspector. S:~BULLETIN~:ORMS~AGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM PROGRAM IMPACT: During the construction phase the excellent cooperation and responsiveness of Kimley-Horu with the City Senior Project Manager has helped to maintain adherence to the contract technical requirements and schedule. This is in spite of numerous contractor quality control issues, a higher volume of technical submittals requiring review and approval, extensive coordination with other utility owners for both aboveground and underground utih'ties relocation. During the design phase of this project the performance of Kimley-Horu was outstanding. They accommodated numerous project revisions and, in conjunction with the City's Senior Project Manager, value engineered the project from the Engineer's original estimate of $3,200,000.00 to a bid amount of $2,510,704.50 through careful attention to design detail on the construction drawings. Additionally and at the request of the City's Senior Project Manager, KJmley-Horu researched and subsequently authorized the substitution of High Density Poly-Ethylene (~IDPE) pipe in lieu of Reinforced Concrete and Corrugated Metal Pipe with a savings of $86,000.00. FISCAL IMPACT: Funds are available in account number 407-5000-590-96-07 (STM007) ALTERNATIVES: In the interest of mitigating the cost impact of this Contract amendment the City Senior Project Manager has engaged a Construction Inspector to assist with the oversight and inspection of this project and has accordingly negotiated a significant reduction for the balance of the Kimiey-Horu Construction Phase efforts. However, it is essential that the continuity of the Design Consultant be maintained through the completion of construction given the magnitude and complexity of this project. This is key to minimizing the adverse impact of construction on the local residents and business owners and to insure continued cost containment. · Department Hcad's ~nature UTILITIES Department Name City Manager's Signature City .~ttor~ / ~inanee / Hunmn Resources S:~BULLETIN~FORMS~AGENDA ITEM REQUEST FORM.DOC RESOLUTION NO. 02- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND APPROVING A SECOND AMENDMENT TO AGREEMENT BETWEEN THE CITY OF BOY'NTON BEACH AND KIMLEY-HORN AND ASSOCIATES, INC., FOR THE INDUSTRIAL AVENUE CORRIDOR STORMWATER IMPROVEMENTS PROJECT; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE SAD AGREEMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission, upon recommendation of staff, has deemed it to >e in the best interests of the citizens and residents of the City of Boynton Beach to approve :he Second Amendment to the Consultant Agreement between the City of Boynton Beach md Kimley-Hom and Associates in the amount of $134,218.15, for additional construction Ihase engineering services for Industrial Avenue/Lake Boynton Estates Infrastructure mprovement Project; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF FHE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Commission of the City of Boynton Beach, Florida does tereby authorize and approve the Second Amendment to the Consultant Agreement between he City of Boynton Beach and Kimley-Hom and Associates in the amount of $134,218.15, br additional construction phase engineering services for Industrial Avenue/Lake Boynton :~states Infrastructure Improvements Project,'which Second Amendment is attached hereto as ',xhibit "A". Section 2. The Mayor and City Clerk are authorized and directed to execute said tgreement. Section 3. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this ~ day of September, 2002. CITY OF BOYNTON BEACH, FLORIDA Mawr Vice Mayor Commissioner Commissioner Commissioner 2ity Clerk Corporate Seal) ca\Reso'v~:jA~Jm~-fn Ho,'n - Amendment 2 SECOND AMENDMENT TO AGREEMENT THIS IS A SECOND AMENDMENT TO AGREEMENT, dated the __ ,2002, between: day of and CITY OF BOYNTON BEACH, a municipal corporation of the State of Florida, hereinafter referred to as "City," KIMLEY HORN AND ASSOCIATES, INC., a North Carolina corporation authorized to do business in the State of Florida, its successors and assigns, hereinafter referred to as "Consultant." WHEREAS, on July 18, 2000, by Resolution No. R00-105, the City Commission authorized the proper City officials to execute an Agreement with Consultant authorizing the performance of services for the Industrial Avenue Corridor/Lake Boynton Estates Infi'astructure Improvements Project ("Project"), said Agreement dated July 20, 2000 ("Agreement"); and WHEREAS, on November 20, 2001, by Resolution No. R01-308, the City Commission authorized the proper City officials to execute a First Amendment to Agreement, providing for additional engineering services in connection with the Project; and WHEREAS, on September 17, 2002, by Resolution No. R02- , the City Commission authorized the proper City officials to execute this Second Amendment to said Agreement authorizing Consultant to provide additional and continuing services for the Project for an amount not-to-exceed $134,218.15; and WHEREAS, Consultant represents that it possesses the knowledge, ability, professional skills and qualifications to perform services and covenants to carry out the terms of the Agreement and this Amendment; NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, and other good and valuable consideration, the receipt and adequacy of which are acknowledged, the parties agree as follows: Section 1. into this Agreement. The foregoing recitals are true and correct and are hereby incorporated S: \CA\AGMTS\Consulting\Kimley Horn Amendment2. doc Section 2. That the Agreement is hereby amended to provide for additional work to be completed by Consultant in connection with the Project, as more specifically described in Composite Exhibit "1," which is attached hereto and incorporated herein by reference. Consultant shall be paid for these additional services in accordance with the Agreement, and in an amount not to exceed $134,218.15. Payment shall include full payment for all services and costs, including direct labor, overhead, other costs, subconsultant fees and profit. Section 3. In all other respects the original Agreement between the parties dated July 20, 2000, and all amendments thereto are hereby ratified, reaffirmed and shall remain in full force and effect as provided by their terms. IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day and year first written above. WITNESSES: CITY OF BOYNTON BEACH By Mayor (CORPORATE SEAL) ATTEST: City Clerk Approved as to form: City Attorney WITNESSES: KIMLEY HORN AND ASSOCIATES, INC. By President S: \CA\AGMTS\Consulting\Kimley Horn Amendment2. doc - 2 - ATTEST: (CORPORATE SEAL) Secretary STATE OF : COUNTY OF : BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgments, personally appeared before me this , 2002, and as and ., respectively, of KIMLEY HORN AND ASSOCIATES, INC., a North Carolina corporation, and acknowledged they executed the foregoing Agreement as the proper officials of KIMLEY HORN AND ASSOCIATES, INC., for the use and purposes mentioned in it and they affixed the official seal of the corporation, and that the instrument is the act and deed of that corporation. (SEAL) Notary Public, State of Florida (Signature of Notary taking Acknowledgment) Name of Notary Typed, Printed or Stamped My Commission Expires: Commission Number S: \CA\AGMTS\Consulting\Kimley Horn Amendment2. doc - 3 - EXHIBIT A SCOPE OF SERVICES Kirnley-Hom and Associates, Inc. has been requested to provide the following additional services by the City of Boynton Beach: Additional Construction Phase Services Kimley-Hom has been providing Construction Phase Services in support of the City on the Industrial Avenue Corridor Stormwater Improvement Project since January 2002. We have worked closely with the City's Project Manager to determine the level of engineering support, construction observation, and clerk-of-the-works services that are required to adequately oversee construction of this important project. The level of effort to date has been significantly greater than that anticipated during the original scoping of the project. The following paragraphs provide justification for the increased level of effort. The original contract between Kimley-Hom and the City included a budget of $54,780.00 for Task 5 - Construction Phase Services. It was anticipated that the project could be constructed in 3.5 months. However, the scope of construction grew substantially during design phase as we added several elements to the project. The additional elements of work included: · Construction of approximately 1,350 feet of 8" DIP water main, new fire hydrants, and new service connections for the businesses along Industrial Avenue · Construction of water main improvements within Lake Boynton Estates · Construction of an extension of the right-tam lane from West Industrial Avenue to Boynton Beach Boulevard · Construction of additional drainage improvements along West Industrial Avenue (the original plan did not include significant underground piping and drainage structures) · Construction of improvements to the FDOT ditch connecting Detention Pond B to the E4 canal -1- H:\044349002\contract amendmentLa, ddexA 08-02-02.doc · Construction of additional sidewalk improvements in the Industrial Park and near Detention Pond B · Construction of a new outfall for the drainage from Southwest 2"a, 3~, and 4~ Avenues in Lake Boynton Estates to the FDOT ditch in response to FDOT comments These increases in the scope of construction were accompanied by an increase in contract duration due to the additional work required. In addition, the project phasing was altered to reduce the impacts on the business owners and residents in the area. At the time of the bid, the contract duration was established at 270 days (9 months). This constitutes a 5.5-month increase in contract duration over that originally scoped. The City elected not to amend Kimley-Hom's Construction Phase scope at the time of the design changes. Kimley-Hom agreed to commence our Construction Phase services on the basis of the original scope and budget to avoid any unnecessary delays in the proposed construction start date. We agreed that we would readdress any required budget increases at a later date. As of the date of this Request for Contract Supplement, Kimley-Hom has expended the entire Construction Phase budget. The services required of Kimley-Hom have been increased as follows: · The City has asked that our field representative be available on a full-time basis to observe the Contractor's progress. This is due largely to concerns about the quality of the work and compliance with the contract documents. In addition, the Contractor frequently is working six days per week to recover schedule, so our inspector is working more than a standard work week. The original budget considered that field observations would be performed by both City and Kimley- Horn personnel. We anticipated a division of work between Kimley-Hom and the City that would allow a half-time inspector for Kimley-Horn and minimal field visits by the Engineer of Record. We submit that a 9-month assignment for a full- time field inspector constitutes a substantial increase in the level of effort required of Kimley-Hom. -2- H:\044349002~contract amendment~AddexA 08-02-02.doc It follows that the engineering and office support requirements have been increased substantially: · The number of weekly Progress Meetings and.engineering site visits has increased significantly. · The amount of project correspondence and maintenance of the project records has also increased. · The original budget considered reviews of four pay applications. We have already processed five pay applications and expect to review at least 12 total pay applications before final closeout. · The original budget considered reviews of up to 15 RFIs. To date we have responded to 34 RFIs, and we expect to receive several more as the contractor begins work in the Industrial Park area. · The original budget considered reviews of up to 20 submittals. To date we have reviewed approximately 30 submittals (including resubmittals of incomplete or incorrect shop drawings). · The original budget considered processing of up to two Change Orders. To date we have received 11 Change Order Requests and have prepared five official Change Orders for signature by the City and the Contractor. We anticipate that several more Change Order Requests will be received. · The Contractor has changed their designated Pwject Manager and Construction Superintendent, as well as several crew foremen, so the field engineering requirements have increased as we have worked to acclimate the new personnel to the project, the project documentation requirements, and our expectations for quality. · Despite considerable efforts to coordinate with other utility owners during design phase, we have expended substantial effort during construction to coordinate relocation of both underground and above-ground facilities to facilitate construction. We believe that we have developed a strong and mutually beneficial working relationship with the City Project Manager and other City staff on this project. We -3- H:\044349002k:ontract amendmentL~ddexA 08-02-02.doc have coordinated closely on nearly every activity during design, bid, and construction. For example, the engineering estimate of construction costs was nearly $2.8 million. The City Project Manager and Kimley-Horn worked together to clearly define the scope of work in discrete pay items, and the successful base bid was less than $2.6 million. We also coordinated to create alternative bid items to facilitate better pricing of the drainage pipes. The resulting bid on the alternative bid items was $2.51 million. This cooperative effort saved the City nearly $86,000 over the base bid. Our cooperative efforts during conslmction phase have included numerous site visits to identify and solve potential problems before the Contractor encounters them. This proactive approach will certainly provide a benefit to the City and the Contractor in terms of schedule and project cost. We have also identified additional opportunities for infrastructure improvements within the project boundaries that will provide a great benefit to the residents and business owners in the area. In particular, we have coordinated with the City to identify opportunities for needed water main upgrades in the Lake Boynton Estates area. Because the Contractor is already mobilized on site and Kimley-Horn is actively participating on the project, the City will save money on engineering and construction of these improvements and will minimize future construction impacts to the residents in the area. We have also coordinated closely with the Contractor in an effort to expedite construction. We believe that our open communication with the Contractor has resulted in field engineering changes that have improved the quality of work and benefited the project schedule. We believe that we have demonstrated our commitment to client service and a quality work product time and time again. However, we recognize that our additional effort comes at a price to the City. In recognition that the engineering costs have grown beyond our original estimates, Kimley-Hom has agreed to lower the agreed-upon hourly billing rate for our field inspector from $65/hr to $50Par on this project. We -4- H:\044349002Xcontract amendment~AddexA 08-02-02.doc point out that that our most experienced field inspectors typically bill at substantially higher rates. Over the life of the project we expect the City to realize a savings of more than $23,000 as a result of this rate change. We.have also written off $9,850 of engineering effort expended during construction phase. We request that the City recognize our efforts on your behalf and grant us the proposed additional fees to complete the project. -5- H:\044349002~contract amendmentLa, ddexA 08-02-02.doc EXHIBIT B FEE AND BILLING The original budget for Construction Phase Services was established at $54,780.00. Kimley-Horn and Associates, Inc. proposes to provide the additional services described in Exhibit A on an hourly basis using the hourly billing rates defined in Exhibit C. We will provide these additional services for an additional fee not-to- exceed $134,218.15. Total fee for Construction Phase Services will be $188,998.15. Exhibit C is a detailed breakdown of the effort expended to date and the proposed fees to provide additional services through final closeout. The not-to-exceed fee includes labor costs and direct expenses as well as items such as local cellular phone, in-house duplicating and blueprinting, facsimile, local mileage, telephone charges, postage, and computer expenses. All permitting, application, and similar project fees will be paid directly by the Client. Alternatively, Kimley-Hom will agree to pay these fees with the understanding that the City will reimburse us for these expenses. Fees will be invoiced monthly based upon the actual effort expended as of the invoice date. Payment will be due within 25 days of the date of the invoice. -6- H:\044349002~contract amendment~AddexA 08-02-02.doc 0 Kimley-Horn and Associates, inc. August9,2002 Mr. Paul Fleming City of Boynton Beach 124 E. Woolbright Road Boynton Beach, FL 33435 Re: Industrial Avenue Corridor Stormwater Improvement Project Request for Contract Supplement to Fund Additional Construction Phase Services 044349002 · 4431 Embarcadero Drive West Patm Beach, Florida 33407 Dear Paul: In reviewing the progress of construction and the effort required of Kimley-Horn to date, it has become apparent that the previously authorized Construction Phase Services budget will be insufficient to complete the project. In fact, the original budget has already been expended. As we have discussed previously, Kimley-Hom is committed to providing the level of service required to support the City throughout construction. We have continued our efforts on the project with the understanding that the City will consider proposals for additional funding. With this letter we are requesting a contract supplement to fund our efforts on your behalf through project closeout. We have prepared Exhibit A - Scope of Services, Exhibit B - Fee and Billing, and Exhibit C - Additional Services Work Plan as supporting documentation for the supplement request. The format of this supporting documentation is consistent with all of our previous authorizations from the City. We request that you review the attached Exhibits and process this Request for Contract Supplement at your earliest convenience. If you have any questions or require additional documentation, please contact me at (561) 840-0852. · TEL 561 845 0665 FAX 561 863 8175 Kimley-Horn and Associates, Inc. Mr. Paul Fleming August 9, 2002 Page 2 of 2 We have enjoyed working with you and look forward to serving you through project closeout. Sincerely, KIMLEY-HORN AND ASSOCIATES, INC. Michael D. Spruce, P.E. Attachments H:\044349002Xcontract amendment\contract amendment 2.doc Requested City Commission Meeting Dates [] August 6, 2002 [] August 20, 2002 [] September3,2002 [] September 17,2002 VII.-CONSENT AGENDA ITEM D.1 CITY OF BOYNTON BEAC AGENDA ITEM REQUEST FOmv Date Final Form Must be Turned in to City Clerk's Office July 17, 2002 (5:00 p.m.) August 5, 2002 (Noon) August 19, 2002 (Noon) September 3, 2002 (8:00 a.m.) Requested City Commission Meeting Dates [] October 1,2002 [] October 15, 2002 [] November 6, 2002 [] November 19, 2002 Date Final Form Must be Tumed in to CiW Clerk's Office September 16, 2002 (Noon) September 30, 2002 (Noon) October 14, 2002 (Noon) November 5, 2002 (Noon) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Please place this request on the September 17, 2002 City Commission Agenda under Consent Agenda. The City Commission tabled this item at the request of the applicant, to September 17th. However, the Commission required that any proposed changes to the project be evaluated by staffwho will advise if the changes warrant further review by the Planning and Development Board prior to Commission review. This requirement has been communicated to the applicant who has been given until September 11th to describe to staffany proposed changes. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 02-170. EXPLANATION: PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: WOOLBRIGHT PLAZA (ZNCV 02-009) Press Tompkins, HPT Consultants, Inc. Veronica Motiram SW Comer of Woolbright Road and Congress Avenue Request for relief fi-om the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 4.L to allow a landscape buffer along the north, approximately 277 feet of the western property line, in lieu of the required six (6) foot high masonry buffer wall required by code, where a commercial and/or industrial district abuts a residential district. PROGRAM IMPACT: N/A FISCAL IMPACT:~., ff N/A ALTERNATIVE~Ik/' N/A Den~opmeni~) epa~'~ent irector Planning and Zonin~ Director "City~Vlanager's Signature City Attorney / Finance / Human Resources S:LPlanning\SHARED\WP\PROJECTS\Woolbright Plaza~NCV 02-009La, genda Item Request Woolbright Plaza ZNCV 02-009 9-17-02.dot S:~BULLETINLgORMS~AGENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT PLANNING .~ND ZONING DIVISION MEMORANDUM NO. PZ 02-170 STAFF REPORT FOR PLANNING ,MND DEVELOPMENT BOARD AND CITY COMMISSION August i5. 2002 Meeting Date: August 27, 2002 File No: ZNCV 02-012 Buffer wall Location: 306 S. Congress Avenue, Boynton Beach, FL. Agent/ Owner: Press Tompkins, HPT Consultants, Inc. / Veronica Motiram Project Name: Woolbright Plaza Variance Request: Relief from Chapter 2, Zoning, Section 4.L - Buffer Walls, to allow a landscape buffer along the north 276.96 feet of the western property line in lieu of the required six (6) foot high stucco masonry buffer wall to separate a commercial district from the abutting residential district. NATURE OF REQUEST Press Tompkins of HPT Consultants, agent for the owner Veronica Motiram, is requesting a zoning code variance to seek relief from constructing a solid masonry buffer wall along the north 276.96 feet of the western property line that is abutting a residentially-zoned property. The site is located at the southwest comer of Woolbright Road and Congress Avenue (see Exhibit "A"-Location Map). The construction of the wall became a requirement in connection with an application for conditional use approval (COUS 01-007). The project intent is to raze the existing 5,645 square-foot (vacant) bank building located approximately in the center of the 4.945-acre parcel, and to replace it with a four-story office / commercial building and a one (1) story drug store / commercial building. The four-story building will be a total of 40,000 square feet in area. The first floor (10,000 square feet) will have commercial / retail uses while floors two through four (30,000 square feet) will be used solely for office purposes. The one-story building is approved for 19,290 square feet, and is to contain a Walgreen's Drug Store (14,490 square feet) and 4,800 square feet of commercial / retail area. The entire project is to be built throughout three (3) phases; however, all infrastructure, including landscaping, parking, etc. will be completed by the end of the first phase prior to the issuance of a certificate of occupancy. According to the approved site plan, the four-story office / commercial building will be built during Phase I. The Walgreen's Drug Store portion of the one-story building will be completed during the second phase, and the remaining portion of that building will be built during Phase m. The Walgreen's Drug Store will be constructed on the northern portion of the parcel (see Exhibit "B"- Proposed Site Plan). The subject request is a prerequisite to using a landscape buffer in place of the six (6) foot high buffer wall that is required by the City's Land Development Regulations, Chapter 2 - Zoning, Section 4.L., where a commercial district abuts a residential district. Page 2 Woolbnght Plaza Buffer Wall File No. ZNCV 02-009 BACKGROUND The site is located at the southwest comer of Woolbright Road and Congress Avenue. The subject property, totaling 4.945 acres, is currently zoned C-3, Community Commercial district and classified Local Retail Commercial. The subject site abuts Quail Run Villas to the west, a resid~.,.cial development zoned PUD, Planned Unit Development. The following is a description of the land uses and zoning designation of the properties that surround this site: North: South: East: West: Right-of-way for Woolbright Road, farther north property classified Local Retail Commercial (LRC), zoned Community Commercial (C-3), and developed with a Mobil service station; Developed property classified Local Retail Commercial (LRC), zoned Community Commercial (C3) and developed as Woolbright Corporate Center; Right-of-way for Congress Avenue, farther east property classified Local Retail Commercial (LRC), zoned Community Commercial (C-3) developed as an Amoco service station, and property classified Local Retail Commercial (LRC), zoned Planned Commercial Development (PCD) developed as Boynton Shoppes; and Quail Run water detention area, farther west is developed property classified Low Density Residential (LDR), zoned Planned Unit Development (PUD) and occupied by Quail Run Villas. ANALYSIS The code states that zoning code variances cannot be approved unless the board finds the following: That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures or buildings in the same Zoning district. b. That the special conditions and circumstances do not result from the actions of the applicant. That granting the variance requested will not confer on the applicant any special privilege that is denied by this ordinance to other lands, buildings, or structures in the same zoning district. That literal interpretation of the provisions of this ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of the ordinance and would work unnecessary and undue hardship on the applicant. eo · That the variance granted is the minimum variance that will make possible the reasonable use of the land, building, or structure. f. That the granting of the variance will be in harmony with the general intent and purpose of this chapter [ordinance] and that such variance will not be injurious to the area involved or otherwise detrimental to the public welfare. Staff reviewed the requested variance focusing on the applicant's response to the above criteria contained in Exhibit "C". Staff concurs with the applicant's response to criteria "a" above that there exists special conditions peculiar to the subject parcel, namely location of the lot and site constraints. The site located adjacent to a water retention area to the west. This water retention area provides a separation of approximately 600 feet between the adjacent residential property to the west (Quail Run Villas) and the subject parcel. Furthermore, an existing utility easement (16 feet in width) extends along most of the Page 3 Woolbnght Plaza ButTer Wall File No. ZNCV 02-009 western and southem boundaries of the subject property. With respect to criteria "b" above, the applicant states that: "...The applicant purchased the property in March 1996, the property was platted and the improvements were installed prior to this date..." Staff agrees, that the existence of the utility easement along the west property line has establish~.,, ~he special conditions and circumstances not resulting from actions of the applicant, therefore satisfying criterion "b" above. As part of analyzing this request against the above criteria, staff evaluated the impact upon the character of the existing neighborhood, and alternatives to avoid the variance request. The city's Land Development Regulations require the erection of a masonry wall between commercially-zoned and residentially-zoned properties. The location of the landscape buffer is between properties with both designations. The applicant states: "...there is a separation in excess of 600 feet due to the lake within the residential property..." Staff agrees that a landscape buffer and the significant distance should serve as an adequate alternative to a buffer wall to mitigate any impacts on the adjacent property to the west. Therefore, the impacts upon the abutting parcel would be insignificant. An existing 8-inch wide Ductile Iron Pipe (DIP) water main runs through this active utility easement located along the western boundary. According to Chapter 2, Section 4.L, a solid, stucco masonry wall is required along the rear property line because this commercial property abuts a residential district. However, the minimum setback required, two (2) feet would maintain the wall within the easement. A vegetative buffer, such as a row of hedges in lieu of a wall, cannot be a consideration for this project without the variance because a vegetative buffer is applicable only to Office / Professional Commercial (C- 1) districts. No walls are required along the north, east, or south property lines. Furthermore, staff believes that regardless of what use is ever proposed for the subject property, within the scope of the allowable uses of the C-3 zoning district, the subject variance would be required as the minimum variance needed to make possible the reasonable use of the land and therefore, the request would satisfy criterion "e" above. It is the position of staff that the applicant has demonstrated that this request represents the minimum necessary to make possible the reasonable use of the property. The purpose of the buffer requirement is to provide a visual and noise barrier between the residential and commercial properties. A dense landscape buffer, along with the distance separation created by the water retention area of Quail Run Villas, should serve as a reasonable buffer for the adjacent residential neighborhood. However, Shade trees, with their extensive root systems cannot coexist with utilities infrastructure and therefore, are not allowed within these areas. The applicant has proposed a design solution to overcome this challenge. This alternative consists of a landscape area that measures ten (10) feet in width and includes an array of Areca Palms and clusters of Sabal Palms supplemented with a Cocoplum hedge (see Exhibit "D" - West Buffer Detail). Staff recommends that special minimum planting specifications be required for the buffer plants to maxim~e the immediate screening density. RECOMMENDATION Staff recommends approval of this request for a variance from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 4.L - Buffer Walls, to allow a landscape buffer along the north approximately 277 feet of the western property line in lieu of the required six (6) foot high stucco masonry buffer wall to separate a commercial district from the abutting residential district. The current use of the adjacent residentially-zoned parcel as the water detention area for Quail Run Villas; the significant distance separation between the two (2) sites; the potential damage to the existing utilities infi-astmcture; and the conflicting location of the utility easement on this property represent special conditions and circumstances affecting the requirement for a buffer wall. Page -t · Woolbnght Plaza Buffer Wall File No. ZNCV 02-009 Staff conditions and any other condition(s) recommended by the Planning and Development Board or the City Commission will be included in the Exhibit "E" - Conditions of Approval. j ~SHRDATA~PlanninB~HARED\W'I~PROJECTS\Woolbright Plaza~ZNCV 02-009~staff rel~Ort west butter wall doc MWR/mda Location Map Woolbright Plaza EXHIBIT "A" WOOLBRIfHI~ _ '~ C3 C1 R3 !IpcD~ ~C3 N EXHIBIT"B" EXHIBIT,~ ~ .i -,1 iJh'JlllJJ I ! I ~ / AVENUE J J ,, !~i~.U.l ~l ~H~!: i!:li'~:[ tit I~1111~ 3350 N.W. Boca Raton Blvd. Suite B-38 Boca Raton, FI.. 33431 Tel 561-998-0955 Fax 561-997-5721 PROFESSIONAL ENGINEERING I.AND DEVELOPMENT SITE EVALUATION GOVERNMI-LNTAL PERMITTING TRAFFIC ANALYSIS ~ CONCURRENCY PROJECT MANAGEMENT ENVIRONMENTAL EXHIBIT "C" May 15, 2002 City of Boynton Beach Department of Development Planning and Zoning Division 100 East Boynton Beach Blvd. Boynton Beach, Florida 33425-0310 RE: Woolbright Plaza Variance Request VARIANCE JUSTIFICATION That special conditions and circumstances exist which are peculiar to the land, structure or building involved and which are not applicable to other lands, structures or buildings in the same zoning district. Response: This site was previously platted and utilities were placed around the perimeter of the site in order to supply water and sewer for future development. By placing these utilities along the perimeter of the site, this precluded the placement of the buffer wall along the required property line. This is unique to this site and serves as a special circumstance. B. That the special conditions and circumstances do not result from the actions of the applicant. Response: The applicant purchased the property in March of 1996, the property was platted and the improvements were installed prior to this date, therefore actions of the applicant did not create this special circumstance. Co That granting the variance requested will not confer on the applicant any special privilege that is denied by this Ordinance to other lands, buildings or structures in the same zoning district. Response: The granting this variance would not confer any special privilege as the circumstance that created the problem is unique to this site and does not affect any other properties located within the same zoning district. EXHIBIT "C" Eo That the literal interpretation of the provisions of this chapter would deprive the applicant of the rights commonly enjoyed by other properties in the same zoning district under the terms of the Ordinance and would work unnecessary and undue hardship on the applicant. Response: A literal interpretation of the Ordinance would be an unnecessary and undue hardship on the applicant as the requirement for the wall with the location of the existing utility easement would severely restrict the site plan for this parcel. This variance would deprive the applicant of the rights commonly enjoyed by other properties; ie other properties would be able to development their sites at the allowed building coverage and parking requirement and this site would have to reduce building coverage and parking to accommodate the buffer wall and the existing utility easement. That the variance granted is the minimum variance that will make possible the reasonable use of the land, building or structure. Response: The variance requested is the minimum that will make possible the reasonable use of the land. The variance is only for the north 276.96 feet of the west property line. The remaining 251.16 feet of the west property line will have the wall constructed as there is no conflict with existing utilities. That the granting of the variance will be in harmony with the general intent and purpose of this chapter and that such variance will not be injurious to the area involved or otherwise detrimental to the public welfare. Response: The granting this variance will not be injurious or otherwise detrimental to the public welfare. The required wall is a separation between commercial and residential uses. The location of this required wall will not affect the adjacent residential property as there is a separation in excess of 600 feet due to a lake within the residential property and the wail would be on the back side of the commercial property and would not be easily seen from either Congress Ave. or Woolbright Road. EXHIBIT "D" CLUSTEREC~ IN Of= TN~..EE IDITH SHI~LtB$ UNI~EI~NEATH 12-14' ,AI~.EC,A PALMS , '&' COC. OPLUI'I WEI~GE LINE LUNEEL 5TO~ PAVEMENT U JEST E~UFFEF~ IDET,AIL EXHIBIT "E" Conditions of Approval Project name: Woolbright Plaza File number: ZNCV 02-009 (Buffer wall) Reference: DEPARTMENTS INCLUDE REJECT PUBLIC WORKS Comments: NONE X UTILITIES Comments: NONE X FIRE Comments: NONE X POLICE Comments: NONE X ENGINEERING DIVISION Comments: NONE X BUrl,DING DMSION Comments: NONE X PARKS AND RECREATION Comments: NONE X FORESTER/ENVIRONMENTALIST Comments: NONE X PLANNING AND ZONING Comments: 1. A minor modification to the approved Wootbright Plaza site plan (COUS 01- X 007) is required to change plans for the landscape buffer. 2. With respect to consistency this variance approval is contingent upon the X proposed west buffer detail as shown as Exhibit "D". This buffer shall Conditions of Approval 2 Woolbright Plaza ZNCV 02-009, DEPARTMENTS INCLUDE REJECT include but not be limited to planting material such as Areca Palrr~ Sabal Palmetto and Cocoplum hedge. 3. The planting material such as trees (Areca Palms and Sabal Palmetto) shall be X a minimum of twenty (20) feet in height. The proposed Cocoplum hedge shall be a minimum of four (4) feet in height at time of installation. ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS Comments: None X ADDITIONAL crI~ COMMISSION CONDITIONS Comments: 4. To be determined. j:,,SHi~,DATA~PLANN1NG'~HAREDXWI~,PROJECTS\WooI'm'ight plaza~NCV 02-O09~?..onditior~ of Apl~oval. c[o~ DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Woolbright Plaza Buffer Wall Variance APPLICANT'S AGENT: H.P. Tompkins, HPT Consultants, Inc. APPLICANT'S ADDRESS: 3350 NW Boca Raton Blvd. Suite B-38 Boca RatG:,, FL 33431 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: September 3, 2002 TYPE OF RELIEF SOUGHT: Variance requested on Buffer Wall. LOCATION OF PROPERTY: 306 S. Congress Avenue DRAWING(S): SEE EXHIBIT "B" A'I-rACHED HERETO. X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Flodda on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. The Applicant .. HAS HAS NOT established by substantial competent evidence a basis for the relief requested. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". The Applicant's application for relief is hereby GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: City Clerk S:~=lanning~SHARED~WP~ROJECT~Woolbngtlt Plaza~ZNCV 02-009~DO.do¢ Conditions of Approval 2 Woolbright Plaza Z'NCV 02-009 (Buffer wall) DEPARTMENTS INCLUDE REJECT include but not be limited to planting material such as A.reca Palm, Sabal Palmetto and Cocoplum hedge. 3. The planting material such as trees (Areea Palms and Sabal Palmetto) shall be X a minimum of twenty (20) feet in height. The proposed Cocoplum hedge shall be a minimum of four (4.) feet in height at time of installation. ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS Comments: None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 4. To be determined. J':~qHRDATA\PLANNrNG~SHARED',WP\PROJECTS\WooilxSght Pla2a~WNCV 02.009XConditions of Approval. doc MWR/mda DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Woolbright Plaza Buffer Wall Variance APPLICANT'S AGENT: H.P. Tompkins, HPT Consultants, Inc. APPLICANT'S ADDRESS: 3350 NW Boca Raton Blvd. Suite B-38 Boca Raton, FL 33431 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: September 3, 2002 TYPE OF RELIEF SOUGHT: Variance requested on Buffer Wall. LOCATION OF PROPERTY: 306 S. Congress Avenue DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. The Applicant HAS HAS NOT established by substantial competent evidence a basis for the relief requested. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". The Applicant's application for relief is hereby ... GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: City Clerk $:\~anmng~SHARED\WP~PROJECTS~Wo~'~gIlt Plaza~ZNCV 02-O09\DO.doc Requested City Commission Meeting Dates [] August 6, 2002 [] August 20, 2002 [] September 3, 2002 [] September 17, 2002 VII.-CONSENT AGENDA ITEM E.1. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to CiW Clerk's Office July 17, 2002 (5:00p.m.) August 5, 2002 (Noon) August t9, 2002 (Noon) September 3, 2002 (8:00 a.m.) Requested City Commission Meeting Dates [] October I, 2002 [] October 15, 2002 [] November 6, 2002 [] November 19, 2002 Date Final Form Must be Turned in to Cite' Clerk's Office September 16, 2002 (Noon) September 30, 2002 (Noon) October 14, 2002 (Noon) November 5, 2002 (Noon) NATURE OF AGENDA ITEM [] Admimstrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfimshed Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Please place this request on the September 17, 2002 City Commission Agenda under Consent Agenda. The Community Redevelopment Agency Board with a 5 to 1 vote, recommended that the subject request be tabled to the October 8, 2002 Community Redevelopment Agency Board meeting, allowing additional time for staff and applicant to discuss and incorporate design issues/comments into the proposed site plan. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 02-136. EXPLANATION: PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: THE HARBORS (NWSP 02-012) Jennifer Morton of Land Design South Schgal, Inc. 2300 North Federal Highway Request to construct 54 fee-simple townhouse units on 3.21 acres. This request for site plan approval will be contingent upon the approval of the concurrent land use amendment/rezomng application (LUAR 02-005). PROGRAM IMPACT: N/A FI2f~LdAMT~ACvE ~.~ NN//~ Deve~pme'~t D]~par:tme¥~t ]~irector City Manager's Signa'l-ure City Attorney / Finance / Human Resources S:\Planning~HARED\WP~ROJECTS\The HarborsL,NWSP 02-012\Agenda Item Request The Harbors NWSP 9-17-02.dot SABULLETIN~FORMSLAGENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT MEMORANDUM NO. PZ 02-136 SITE PLAN REVIEW STAFF REPORT COMMUNITY REDEVELOPMENT AGENCY AND CITY COMMISSION August 16, 2002 DESCRIPTION OF PROJECT Project Name/No.: Property Owner: Agent: Location: Current Land Use: Proposed Land Use: Current Zoning: Proposed Zoning: Project size: Adiecent Uses: Nc ~: South: last: Nest: The Harbors / NWSP 02-012 SCHGAI, Inc. Jennifer Morton with Land Design South 2300 North Federal Highway Local Retail Commercial (LRC) Special High Density Residential (SHD-20 du/ac) Community Commercial (C-3) Infill Planned Unit Development (IPUD) Site Area: Pervious Area: Lot Coverage Area: Number of units: Gross Density: 3.2089 acres (139,778 square feet) 1.45 acres (45.2%) 42,824 square feet (16.6%) 54 dwelling units 16.82 dwelling units per acre (see Exhibit "A"- Location Map) To the northeast, developed (Las Palmas) single family homes classified Low Density Residential (LDR - 4.84 du/ac) and zoned R-l-AA Single Family Residential and to the northwest, developed commercial (gas station) classified Local Retail Commercial (LRC) and zoned C-3 Community Commercial. Vacant land, currently being developed as the Intracoastal Park, designated Recreational (R) and zoned REC Recreation. Right-of-way of the Intracoastal Waterway Flights-of-way of U.S. 1 and the Florida East Coast Railroad, farther west developed commercial property classified Local Retail Commercial (LRC) and zoned C-2 Neighborhood Commercial. Proposal: Centex Homes proposes to construct 54 fee-simple townhouse units on 3.21 acres. All site development is proposed to occur in one phase. This request for site plan approval will be contingent upon the approval of the land use amendment / rezoning application (LUAR 02- 005) and corresponding master plan, which is being processed simultaneously. Site Characteristics: The subject property is a long rectangular-shaped lot located on the east side of U.S. 1, perpendicular to Gateway Boulevard. The parcel is currently developed with a restaurant / Page 2 The Harbors Site Plan Review Staff Report Memorandum No. PZ 02-136 Concurrency: a. Traffic- b. Drainage Driveways: Parking Facility: Landscaping: nightclub (Caf~ La Notte) and its respective parking areas. The restaurant includes a "tiki" bar and swimming pool located on the eastern portion of the property near the Intracoastal Waterway. According to the survey, an existing wood deck and a portion of a "covered dining area" are located outside the subject property line. This covered dining area overhangs onto the subject parcel. It is staff's understanding that this covered dining area will be demolished during the construction of the townhomes. A traffic statement for this project was submitted and sent to the Palm Beach County Traffic Division for their review and approval. The Palm Beach County Traffic Division determined that the project meets the Traffic Performance Standards of Palm Beach County. Conceptual drainage information was provided for the City's review. The City's concurrency ordinance requires drainage certification at time of site plan approval. The on-site drainage system will consist of a series of catch basins and exfiltration trenches, which will direct runoff to the Intracoastal Waterway via an existing 24-inch wide reinforced concrete pipe. The Engineering Division is recommending that the review of specific drainage solutions be deferred until time of permit review, when more complete engineering documents are required. One point of ingress / egress is proposed along Las Palmas / Vista Hermosa rights-of-way. At this point, two (2) lanes would provide for project ingress and one (1) lane for project egress. The ingress lane designated for the use by the residents will be 12 feet in width. The other entrance lane, designated for guests and delivery vehicles will be 15 feet in width. The one exit lane will be 15 feet in width. Each of the three (3) lanes will be separated by landscaped medians. This entire area will have brick pavers to provide a more desirable appearance. Parking required for the three (3) bedroom townhouse units is based on a ratio of two spaces per unit. In addition, the recreation area requires five (5) spaces. Since townhouse units and a recreation area are proposed, a total of 113 parking spaces required. The proposed site plan provides a total of 122 parking spaces. Each unit have a two (2)-car garage dimensioned 20 feet in width by 17 feet - 3 inches in length. T> garage door opening will be 16 feet in width. All other parking spaces, except the op handicapped space, will be parallel to the proposed main ddve aisle. These ten (10) space will be dimensioned nine (9) feet in width by 25 feet in length. The one handicap space be 12 feet in width (with 5 feet of striping) by 18 feet - 5 inches in length. A total of 18 feet of asphalt will be provided for vehicular backup area behind each garage. As proposed, vehicles will exit the garage, and if backing out of the garage, make a "3-point turn" within this 18-foot wide backup area and then exit the site via the 24-foot wide main access drive. The proposed pervious area of the parcel equals 1.45 acres or 45.2% of the total site. T 'e overall landscape plan shows at least 104 trees, most of which will be native. In fact, tr',e majodty of all landscape material will be native. The west landscape buffer (along U.S. 1) will be at least 15 feet in width (which includes a lO-foot wide utility easement). The landscape plan (sheet LP 1 of 6) proposes six (6) Laurel Oak trees and Ixora Nora Grant / Redtip Cocoplum hedges. In the northwest corner of the site, the plan proposes two (2) Maypan Coconut Palm and Florida Royal Palm trees, and Page 3 The Harbors Site Plan Review Staff Report Memorandum No. PZ 02-136 ~uilding / Site: three (3) Purple Glory trees. Dwarf Alamander and some annuals are proposed there · well. The northern landscape buffer will be 10 feet in width in the area from U.S. 1 east to the project entrance. The landscape material proposed within this buffer would include the following: four (4) Live Oak trees, Redtip Cocoplum hedges, Wax Jasmine, Fakahatchee grass, Dwarf Yaupon, and assorted annuals. The remaining portion of the north landscape buffer (from the entrance east to the Intracoastal) would have 14 Live Oak trees and a row of Redtip Cocloplum hedges. If the existing ficus hedge is not disturbed during the construction of the ddve aisle, the applicant would prefer to leave the hedge in its current condition and not have to plant new hedges (Redtip Cocoplum). The existing mature ficus hedge screens the subject property from the abutting single-family residential neighborhood to the north. According to Sheet LP 3 of 6, the entrance to the site would have two (2) Yellow Elder trees and a row of Redtip Cocoplum on each side. Both sides would also have Sabal Palm trees. The landscaped medians (at the entrance / exit way) between the resident lane and the exit lane would be lined with Florida Royal Palm trees, Geiger trees, Redtip Cocoplum hedges, Allamanda shrubs, and Variegated Loriope. The landscape material proposed within the courtyard areas in the front of each building would be centered around a Paurotis Palm tree. Other courtyard landscaping will consist of three (3) Coconut Palm trees, six (6) Alexander Palm trees, Dwarf Yaupon, Wild Coffee, Dwarf Arboricola, Variegated Lirope, Orange Bird of Paradise, and various annuals. Staff recommends installing more tall growing palm trees such as Washingtonia palms within th courtyard area in order to soften the upper level views of the building fronts (see Exhibit "(., - Conditions of Approval). The existing pool area, located at the eastern portion of the property, would have new brick pavers installed. According to sheet "LP 4 of 6", 16 Maypan Coconut Palm trees are proposed throughout the pool and "tiki" bar area. The plans also propose Dwarf Allamanda, Fakahatchee Grass, Simpson's Stopper, and Orange Bird of Paradise. The southern landscape buffer (adjacent to the Intracoastal Park) would be 6 feet in width. The landscape plan proposes 20 Dahoon Holly trees and a row of unidentified hedge matedal (see Exhibit "C" - Conditions of Approval). The building facades (facing south) are shown with no landscaping. The IPUD zoning district allows buildings to reach as high as 45 feet, however, a lesser height could be imposed if compatibility with adjacent properties becomes an issue. The proposed three (3)-story fee-simple townhouses will be 42 feet at the peak of the roof (see Exhibit "C"- Conditions of Approval). According to site plan (sheet "SP 1 of 2"), a C.B.S. wall, six (6) feet in height would surround the entire property. The new wall would be setback at least 10 feet from the west property line (facing U.S. 1 ) but would be constructed along the southern property line. The existing six (6) -foot high concrete wall currently located along the north property line will remain in its current location (see Exhibit "C" - Conditions of Approval). A fence would be required around the pool area (see Exhibit "C" - Conditions of Approval). The 54 dwelling units are proposed to be contained within 13 separate buildings on tr. 3.21-acre site. The proposed density is 16.82 dwelling units per acre. Each of the 13 buildings will contain one (1) of four (4) types of units. The unit styles all have three (3) bedrooms but vary slightly in terms of their overall area. The units are as follows: Unit 1601 Page 4 The Harbors Site Plan Review Staff Report Memorandum No. PZ 02-136 Community Design: Signage: (2,042 square feet), Unit 1935 (2,370 square feet), Unit 1538 (1,972 square feet), and Unit 2008 (2,538 square feet) (see Exhibit "C" - Conditions of Approval). All buildings will have these four unit types except for Building #1, which would have an extra Unit 1601 and Unit 2008 for a total of six (6) units. The IPUD zoning district has no actual building setback requirements, however, the buildings should be arranged in such a way that they will exceed the basic development standards. Building #1 (the only six (6)-unit building) would be setback 25 feet from the west property line and 26 feet from the north property line. Building #2 would be 40 feet from the west property line. All of the four (4)-unit buildings are proposed to be setback six (6) feet from the south property line. Building #13 would be setback over 110 feet from the east property line due to the existing location of the recreational area (the recreation area is located between proposed Building #13 and the east property line). As previously mentioned, the 0.2 acre recreation area currently has a swimming pool and a "tiki" bar hut. The "tiki" bar hut is located along in the southeast corner of the site, along the south and east property lines (see Exhibit "C" - Conditions of Approval). According to the applicant, the design of the site is described as Traditional Neighborhood Development (TND) because the pedestrian entryways are proposed on the front fa(;ade while the vehicular entryways will be to the rear of the building. The proposed townhouses will be three (3) stodes tall and 42 feet high. The front courtyards will allow for only pedestrian access and eliminate the presence of automobiles. The front courtyard or "paseo" will be 25 feet in width. The distance between each building is approximately 25 feet. The proposed buildings would be multi-colored ranging from light yellow to brown. The colors are proposed as follows: First floor (Sherwin Williams #1335-Thai tan), Second floo (Sherwin Williams #2337-Beacon Yellow), Third floor (Sherwin Williams #1366-Harw' Moon). All accents such as shutters, entry doors, railings would be painted She~~ Williams #2942-Liberty Blue. All architectural enhancements such as smooth stu banding will be Sherwin Williams #1900-Pure White. The proposed development would have a buffer wall at least six (6) feet in height (~ Exhibit "C" - Conditions of Approval). According to sheet "SP 2 of 2", the wall would painted the same color as the third story of the townhouses (Sherwin Williams #1366 Harvest Moon). The cross section of the wall sign indicates that the wall would ha~ smooth stucco finish and cast stone caps. Sheet "SP 1 of 2" shows that the development would have two points of pedestrian ingress / egress. One point would be located at the front entry gate on the sidewalk just west of the vehicular driveways. The other point of pedestrian access would be located along the southern property line near the recreation area. This pedestrian walkway would connect to the future Intracoastal Park. The plans propose two (2) types of freestanding outdoor lighting fixtures, namely, the T. ?e "A" light post and the Type "B" light post. The Type "A" light post will be 12 feet - 6 inci-.~s tall. The material and color of the Type "A" post is unknown. The Type "B" light post will an aluminum pole, slightly taller than 12 feet in height. The color of the Type "B" post is unknown. The elevations show that no building signs are proposed. An "entry wall" sign is proposed along the western buffer wall. According to sheet "SP 2 of 2", the wall detail illustrates that Page 5 The Harbors Site Plan Review Staff Report Memorandum No. PZ 02-136 the monument sign would be at total of 64 square feet in area. The background color of t sign will be blue and the letters will be gold. DESIGN ANALYSIS & CRITIQUE: A master plan is required for all requests to rezone to Planned Unit Development (PUD) or Infill Planned Unit Development (IPUD). For this project, the plan labeled "site plan" will also function as the master plan. Generally speaking, staff is in favor of converting the existing commercial use to a residential use and to increase the overall allowable density to 16.82 dwelling units per acre. However, staff's objection with the plan is not the project density but rather with the proposed design. Specific issues include the proposed building configuration and separation distance, drive aisles, and the allocation of guest and overflow parking. The following paragraphs address staff's concerns. Under the current land use and zoning designations, the property could be redeveloped to a residential use at a density of 10.8 dwelling units per acre for a total of 34 units. The developer is proposing to increase the maximum allowable density by changing the underlying land use to Special High Density Residential, a land use category only available to coastal area properties. The Special High Density Residential (SHDR) land use designation allows for the following zoning districts: Multi-Family Residential (R-3), PUD, and the IPUD zoning district. The R- 3 zoning district contains restrictions on minimum lot size (4,000 square feet) and building setbacks. The setbacks for the R-3 zoning district are as follows: Front - 40 feet, Side - 20 feet, and Rear - 40 feet. The lot size and building setback standards of the R-3 zoning distdct are much more stringent than the self-imposed restrictions of the IPUD zoning district. As previously stated, the SHDR land use designation also allows for the PUD zoning district. The intent of the PUD is to promote and encourage development in tracts that are suitable in size, location and in character for the intended uses and structures proposed within them. The development shall be planned and developed as unified and coordinated units. However, the minimum recommended land area necessary' the PUD designation is five (5) acres. The subject property is less than five (5) acres and therefore would ineligible to rezone from the C-3 zoning district to the PUD zoning district. O~' May 15, 2001, the City Commission adopted the Federal Highway Corridor Redevelopment Plan to allow for a w .,~ty of housing styles at intensities that will assist in supporting the downtown. It also served as a catalyst to er ~urage redevelopment and infill development of the eastern portion of the City along Federal Highway and to pr, note the overall general economic expansion of the City. Implementation of the Plan included an amendment to ~'~e Land Development Regulations to create the IPUD zoning district. This new zoning district allows for a gr.~ater variety of housing types in order to redevelop infill parcels, specifically along the Federal Highway corridor. This new zoning district allows for greater flexibility in terms of lot size and setback restrictions. As promulgated in ,'he Comprehensive Plan, all development proposed within the IPUD should exceed the basic development standards of the conventional residential zoning districts. This characteristic should be evident in terms of a project's site design and site amenities. This project represents the first request for the IPUD zoning district designation. Staff recognizes this circumstance and expects the best possible development, in particular, because this first project that will set the standard for future IPUD developments. Staff determined that the layout of the buildings, the allocation of back-up space, and the distance between each building are not in the optimal configuration and therefore, fails to exceed the basic development standards. Generally speaking, the proposed plan contains conflicting design elements regarding the allocation of space tledicated to pedestrians and the automobile. According to the Congress of New Urbanism, one of the main principles separating the new urbanism development or the Traditional Neighborhood Development (TND) from typical post-WWll suburban, auto-oriented development is that the design of the TND is to primarily accommodate the needs of the pedestrian. A true TND community would not be a "gated". However, the plan endorses the TND concept by designating human space to the front of each home (in the form of patio and courtyard areas) wh~' assigning the less desirable use (automobile space) to a subordinate role by placing it to the rear of each u~ Due to the arrangement and number of buildings, the front courtyard area will be roughly 25 feet in width, a dimension very similar to the space dedicated to vehicular back-up areas at the rear of the building. Page 6 The Harbors Site Plan Review Staff Report Memorandum No. PZ 02-136 ,taft recommends increasing the width of the courtyard areas to further separate the three (3)-story structures and to increase the number of trees, shrubs, and on-site amenities. The proposed development may be marketed to a particular segment of the population; however, it is staff's opinion that the inherent design of this project becomes awkward due to the overcrowding of units and the internal separation, resulting in a compromise between progressive design principles and inefficient movement of vehicles. Staff has major concerns regarding the angl.e of the proposed townhouse buildings and the allotment of parking spaces. Only the four (4) units in Building 13 would have direct view of the Intracoastal Waterway. Visual access to the Intracoastal Waterway affords these units an additional amenity resulting in a premium sales price. Perhaps only five (5) other units (namely Units 14, 22, 30, 38, and 46) would have direct views of the Intracoastal Waterway. The remaining units would not have visual access to the Intracoastal Waterway, and consequently would most likely sell at lower prices. The proposed design fails to fully capitalize on the site's proximity to the invaluable amenity represented by the adjacent public park. The future Intracoastal Park will provide the subject property with added open space and scenic vistas. Consequently, more units could sell at premium rates. A major shortcoming with the plan is that only a handful of units will have direct visual access to both the Intracoastal Waterway and the Intracoastal Park, and only the end units will have views of the Intracoastal Park. Therefore, staff recommends configuring and angling the buildings to increase their relationship with these amenities. The intent of this recommendation is to not limit the number of allowable units but rather to endorse a design that takes full advantage of the two aforementioned amenities. Furthermore, staff would also recommend revising the front building design (second floor or third floor) to incorporate a porch or "sitting" area on building sides that face the Intracoastal Park. Another design flaw is that the fronts of Building 1 and Building 2 face only a six foot tall buffer wall (empty space). is also staff's opinion that the proposed development lacks overflow and / or visitor parking. Based on the ~tandard parking formula, the development requires two (2) parking spaces per unit. Each unit will have a two (2)- car garage. The recreation area will require five (5) parking spaces, leaving only six (6) extra parking spaces Guest parking for Building 1 (Unit #6) and Building 2 (Unit #10) becomes nonexistent because of the distance the nearest parallel parking space. Another parking related element of the plan that appears inadequate is ~ narrow opening width of the garage. The floor plan proposes a 16-foot wide opening with a total interior widtt' 20 feet. No conflict would occur if each household owned only one (1) automobile. However, a problem ari: when one car is parked inside the garage and there is not enough room in the garage to accommodate a sec~ vehicle (storage, large vehicle sizes). Staff recognizes that not all townhouse owners possess large vehic (sports utility, sedans, and trucks). However, when considering the potential negative impact(s) of t: development, this analysis evaluates various scenarios that would cause inefficient, unsafe, or unpleasant livir' conditions. For example, in typical suburban developments, residential dwelling units usually contain a parkir~ provision for up to three (3) cars in the front driveways. Again, staff recognizes that this proposed development i~. unique and appeals to a specific group of progressive thinking homebuyers. However, the problem arises when no alternative parking provision is provided if two (2) vehicles are unable to fit together inside the garage. The current de. sign only allows for overflow parking to be designated to the parallel parking spaces. In the current scenario, if two-car households are unable to park in the garage, there are no other provisions for parking other than the five (5) overflow parallel parking spaces proposed along the main access drive (not including the handicap space). If this same limited-garage space scenario occurs in four (4) other households, then no extra parking spaces will be available for the remaining residents or their guests. This could present unsafe driv:~g conditions as well as an unattractive living environment (i.e. cars parked in the street, behind the garages, near :~e dumpsters). Staff recommends that the driveway behind each unit should be long enough to accommodate a parked vehicle without compromising the function of the 18-foot wide back-up space. The 18-foot wide back-up space in conjunction with the space between the garage door and the asphalt is wide enough for a vehicle to ',ack-up and exit but would not wide enough should a vehicle be parked in front of the garage door. In conclusion, the proposed site plan does not meet the intent of the Comprehensive Plan regarding the Special High Density Residential land use designation. As previously stated, the subject property would be eligible for 10.8 units / acre or 34 total units if converted to a residential use under the existing commercial zoning. The plan Page 7 The Harbors Site Plan Review Staff Report Memorandum No. PZ 02-136 proposes 54 total units or 20 additional units over the current maximum allowable number of units. The plan & its configuration of the townhouses buildings appears to only satisfy a density objective while forfeiting optimal design objectives. The City supports increasing the maximum allowable number of units but not with a plan that is less than exemplary. RECOMMENDATION: Staff recommends that the request for site plan approval be denied based upon the design issues identified in the "Design & Critique Section" as well as the remaining unresolved comments included in Exhibit "C" - Conditions of Approval. It is the position of staff that the magnitude of changes represented by the Conditions of Approval would significantly modify the project and therefore would warrant additional review from staff and the Community Redevelopment Agency. xc: Central File S:\Planning\SHARED\WP~PROJECTS\The Harbor¢,NWSP 02-012\Staff Report. doc Location Map The Harbors EXHIBIT "A" PUD F ST _ R3 ~SITE[ REC LAKE WORTH/ ICWW EXHIBIT "B" · EXHIBIT "B" THE HARBORS PREPARED FOR CENTEX HOMES CITY OF BOYNTON BEACH, FLORIDA LAND DESIGNi "'-! '" I. ~I' l' I I j,~, qllllllll., l.tlJl jllljiJi,xJj~ i'- "l ilJlilJli-I ii ', II i Ii'Il:fiji jlhll !1r I I, h I~ II ~:1 [t11~ Hill '" I I: I:I lilll ~" '" ! I' !1' il. 9OUNCIARY AND TOPOGRAPHIC SURVEY EXHIBIT i. OT 6 MlO A PQK'TION (~' LOT 5, SMd 811OIN ,M.'S I~Ws(X.UXQ SUIC/WSCN Cp.& t. ~ 01. EXHIB,,ITJ'B" i:I'"i Jj THEHARBORSDESI~NI i '!~, .'r,,, ..~'.,,~-o".~. ~~_.~ EXHIBIT "B" I! EXHIBIT B" I"'I,ATC. I. iI. INI= ~ - ~,EE ~4-IEET :2 THE HARBORS CITY OF BOYNTON BEACH, FLORIDA ILAND~m(f~- DESIGN~ SOUTH~Bm~mII PIATCI.-ILINE A - ,~EE 5~EET I THE HARBORS DESIGN~ PREPARED FOR CENTEX HOMES ! ~ENT EXHIBIT THE HARBORS DESIGN a~d PREPARED FOR CENTEX HOklE8 ' I EXHIBIT "B" ' THE HARBORS DESIGN PREPARED FOR CENTEX ~ SOUTH~I]~II o.,, o,.o~o..~,~,~o.~ ------ EXHIBITt"B" ~ .' z THE HARBORS DESIGN PREPARED FOR CENTEX HOMES ~ II ; CITY OF BOYNTON BEACH. FLORIDA SOUTH~ i I . .I ~! I I ~ Iii ~[d~fl~l~'~ffi! ,1 ,lli Il ':l~'~'l!i' I"!l"~' ' 4'q'll['*lpll 'iii!,i*'i{~' 'l'"l]l']lllil'ln'll [ III1'~!li fi :[!,1., ,,, ,ii ~!ar,,.'l:~:][ I",': I ,.,I,:.:,,, Ill'Jill il~! I · iii,! mll,,~, l![.j I Il: .ii pJ l.. i Ul i,. , il. ''" . i,., IH !' l, ~i u :!!i i,..,{ll!.l "', '"'" ]H. !l,.:::lq l q:' ,q ili:ll:'i'":. '{" i ]I ,:' ,,l,p ,," ]l:i,,,:'::lii":'""i:., ~ '"'! I !ql,"''~' ' i!li ~i::{::ill,,:,.., i:i, ll i:l:..,.i,:., i,l:' :'"": ~{ l il#l' :: n[I.l'll,!i lll,!i"::~ i nili IP,ll Ii d~,:l~iipll iii I. !. l,,,, nli:n.~ih'L[ :. PlJI I~: i[ ;;[ I; IpH':[4Ii''"''I] i' !lq I Iii : ,,! n ': " " I I , Ill ,:~,~, I,!! i , . ,,,.. i ~,lLIh IlI': ,.;,, LAND~II~. DESIGN~I/~ so__U H EXHIBIT "B" Z FLOOR PLANS EXHIBIT "B" :o q FLOOR PLANS 6-UNIT BLDG. ill, CENTEX: I-IDI~tE EXHIBIT "B" 6-UNIT BLDG. II i ii EXHIBIT "B' EXHIBIT "B" 6-UNIT BLDG. EXHIBIT "B" EXHIBIT "B" FLOOR PLANS 4-UNIT BLDG. CENTEX H0~ w ~" ~ .4, IOYNTON ~ Pt.ONIOA .-..-. ----;=::.., -_~. :~ .~ .-_-..-,: =...:.~, .~-_. ~ ....... ___. "'"' EXHIBIT "B" lllllli! EXHI'BIT "B" II ii -'"~i~:~l: 4-UNIT BLDG. CENTEX HOME j-:~l[ ' : I 1,.... , .....,- ..: ~[i'; lllXl'l: :lllllllll'l lit ~:.:.~?:.-. 'll'=.--.=~. ,0,,,,, ,,,,, ,~,,: EXHIBIT "B" EXHIBIT "C" Conditions of ADoroval Project name: The Harbors File number: NWSP 02-012 Reference: 2nd review plans identified as a New Site Plan with a August 9, 2002 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS - General Comments: 1. A minimum dumpster pad is required measuring 10 feet x 10 feet (inside X dimension including gates). (LDR, Chapter 7.5, Article II, Section 5.J and Article HI, Section 9.A.9.a). 2. Wall for the enclosure shall be CBS construction with a finish matching X that of the adjacent building(s). (LDR, Chapter 9, Section 10.C.3). PUBLIC WORKS - Traffic Comments: 3. In accordance with Chapter 6, Article HI, Sections 11, 12 14, and 16, X widen Las Palms Park from Federal Highway (U.S. 1) approximately 240 feet east (to the intersection of the roadway centerline with the extension of the subject parcel property line. Roadway configuration will consist of 3 lanes, of width as detemhned by the Director of Public Works (one eastbound lane, one dedicated left mm lane, and one westbound through lane), Type "F" curb and gutter and two - four (4) foot wide sidewalks (one on each side of the roadway). 4. Reconfigure signalization at the intersection of Las Palmas Park and X Federal Highway to add a left mm arrow to the signal head(s) for westbound Las Palmas Park traffic (Chapter 6, Article HI, Section 16). The developer has coordinated with Palm Beach County Traffic Division. The rephasing of the signal shall be completed prior to the issuance of a Certificate of Occupancy. 5. Detail signing and striping as necessary (Chapter 6, Article HI, Section X 16). 6. At the time of permitting, coordinate with the FDOT and Palm Beach X County Traffic for roadway and signalization improvements. UTILITIES Comments: COA 09/09/02 2 DEPARTMENTS INCLUDE REJECT 7. Fire flow calculations will be required demonstrating the City Code X requirement of 1,500 g.p.m, as stated in the LDR Chapter 6, Article IV, Section 16, or the requirement imposed by insurance underwriters, whichever is greater (see CODE Section 26-16(a)). In addition, the LDR Chapter 6, Article IV, Section 16 requires that all points on each building to be within 200 feet of an existing or proposed fire hydrant. Although the Preliminary Engineering Plan reflects three (3) new internal fire hydrants there appears to be insufficient coverage for Buildings #1 & #2. Add another fire hydrant somewhere between these two buildings and place alon~ North Federal Higvhwa¥. Comments: 8. Design documents where underground water mains and hydrants are to X be provided, must demonstrate that they will be installed, completed, and in service prior to construction work per the Florida Fire Prevention Code, (2000) Section 29-2.3.2. 9. Pursuant to City Ordinance 9-3F, the Fire Marshal has developed an X Administrative Order dated May 9, 2001 that provides the minimum performance for all security gates and emergency access. (Copy attached). 10. Emergency access shall be provided at the start of a project and be X maintained throughout construction per the Florida Fire Prevention Code, Section 3-5, and NFPA 241, (1996) Safeguarding Construction, Alteration, and Demolition Operations, Section 5-4.3. POLICE Comments: None X ENGINEERING DIVISION Comments: 11. A lighting plan including photometrics, pole wind loading, and pole X details in conformance with the LDR, Chapter 6, Article IV, Section 11, Chapter 23, Article I, Section 5.B.7 and Chapter 23, Article II, Section A will be required at the time of permitting. The lighting design shall provide a minimum average light level of one foot-candle. On the lighting plan, specify that the light poles shall withstand a 140 MPH wind load (LDR, Chapter 23, Article II, Section A. 1 .a.) Add a note that COA 09/09/02 3 DEPARTMENTS INCLUDE REJECT the fixtures shall be operated by photo-electrical control and to remain on until 2:00 a.m. (LDR, Chapter 23, Article II, Section A.l.a.) Artificial lighting used to illuminate any property shall be directed away from all residential districts. 12. Sidewalks shall generally parallel the roadway and shall be four (4) X inches thick. Accordingly adjust sidewalk location along Las Palmas Park. 13. A plat shall be submitted with construction drawings for fee simple X housing. The plat must be recorded prior to the issuance of a building permit for the project. 14. A copy of the proposed POA documents shall be submitted for review X and approval concurrent with the plat process. 15. Provide verification that the improvements within the submerged land X lease shall be transferable to the new owner. 16. At the time of permitting, indicate by note to what standard the project is X to be constructed; if the FDOT Standard Specifications for Road & Bridge Construction and Standard Index are to be used - the 2000 Specifications are recommended since they contain both English and Metric units. 17. The "Site Plan" (Sheet SP 1 of 1) indicates a "15 foot utility easement to X be abandoned and relocated" while the "Preliminary Engineering Plan" (Sheet 1 of 1) shows the northern portion of this easement being used for existing utilities. Please correct notation on the "Site Plan" (Sheet SP 1 of 1) at the time of permitting. 18. An excavation & fill permit will be required for this development. X 19. Provide written and ~raphic scales on all sheets. X BUILDING DMSION Comments: 20. At time of permit review, submit signed and sealed working drawings of X the proposed construction. 21. At time of permit review, submit a copy of the recorded resolution that X verifies the abandonment of the all~., right-of-way or easement. 22. Add to the submittal a partial elevation view drawing of the proposed X perimeter wall. Identify the type of the wall material and the type of material that supports the wall, including the typical distance between supports. Also, provide a typical section view drawing of the wall that COA 09/09/02 4 DEPARTMENTS INCLUDE REJECT includes the depth that the wall supports are below finish grade and the height that the wall is above finish grade. The location and height of the wall shall comply with the wall regulations specified in the Zoning Code. 23. At time of permit review, submit for review an addressing plan for the X proiect. PARKS AND RECREATION Comments: 24. Since it has been determined that there are 54 single-family attached X units in this development, the Park and Recreation Facilities Impact Fee is computed as follows: 54 single-family attached units multiplied by $771 per unit equals $41,634 (Chapter 1, Article V). 25. The fee is due prior to the issuance of the first applicable building X permit. 26. Submit detailed irrigation plans for right-of-way landscape and irrigation X improvements during the construction document permitting stage, for review and approval by Parks Department and Public Works Department staff. Include on the plan location of any existing irrigation in the right- of-way. FORESTER/ENVIRONMENTALIST Comments: 27. The applicant must identify and quantify the existing trees on thc site as X shown on the survey sheet #1. 28. The landscape sheets should indicate the existing trees that will be X preserved, relocated or removed and replaced on each portion of the entire site. These trees should be shown with an appropriate symbol on each of the landscape sheets. 29. Any of thc existing hedge plants noted on the sheets that are not X acceptable during the landscape inspections must be replaced throughout the site. 30. All trees noted on the plant list must be a minimum of 12 feet in height X and three (3) inches in diameter at time of planting. 31. The plan does not show the City "signature trees "required at the X COA 09/09/02 5 DEPARTMENTS INCLUDE REJECT ingress/egress sites. 32. The plan does not show the seven (7) foot wide landscape buffer strip X along the adjacent public right-of-way. Revise the list to include 50% native shrub material. 33. Sheet LP4 of 6: The shrubs, and accents list meets the 50% native X species requirement, the palms list does not meet this requirement. Revise the plan accordingly. 34. Sheet LP5 of 6: The palms, shrubs, accents, and ground covers list does X not meet the 50% native species requirement. Revise the plan accordingly. 35. There is no irrigation system plan included or noted on the landscape X sheet. Provide an irrigation plan at the time of building permit submittal. PLANNING ~ ZONING Comments: 36. On the landscape plan, label vegetation to be preserved. 37. On the landscape plan labeled "Overall Landscape Plan", the plant X schedule indicates that 110 trees are provided but when counted, it adds up to 104 trees. Correct the plant schedule so that it matches the graphic representation. 38. Place a note on sheet "LP 6 of 6" indicating that mulch other than X Cypress shall be used and maintained for landscape purposes (Chapter 7.5, Article II, Section 5.C.8.). '39. Fifty percent (50%) of site landscape materials must be native species. X Indicate the native material on the landscape plan labeled "LP 6 of 6" (Chapter 7.5, Article 2, Section 5.N.). 40. on the elevations, measure and indicate the proposed building height as X defined by City of Boynton Beach's Land Development Regulations (Chapter 1, Article n). 41. Place a note on the site plan that all above ground mechanical equipment X such as exterior utility boxes, meters, transformers, and back-flow preventers shall be visually screened (Chapter 9, Section 10.C.4.). 42. on the elevations, ensure that the front door entrances directly connect X COA 09/09/02 6 DEPARTMENTS INCLUDE REJECT to the sidewalks shown on the site plan. It appears as though the sidewalk leading to Model "1601" will not connect to the unit's front door. 43. The existing six (6) foot high wall, located along the north property line X shall be refurbished to match the color and style of the new wall. 44. In the tabular data of the sheet labled "SP 1 of 2", correct the total X number of provided parking spaces from 122 to 119. 45. On the landscape plan sheet labeled "LP 1 of 6" and "LP 2 of 6", X identify the row of hedges proposed along the southern property line. Also, staff recommends installing palm trees (single or double trunk Alexander, Montgomery, or Solitaire) along the southern facades of the four (4) unit buildings. 46. On the floor plan, the total area for "Model 1601" is incorrect. Any X change to the floor area on the floor plan will need to correspond to the tabular data of the site plan sheet "SP 1 of 2". 47. The buffer wall may not exceed six (6) feet in height (Chapter 2, Section X 4.J. 1). Prior to the City Commission meeting, provide a detail of the entry gates, including the dimensions, material, and color(s) used. 48. Provide an elevation of the "existing covered tiki bar" to be a "cabana". X Ensure that the colors of the cabana will be compatible with the color palette of the proposed townhouse buildings. 49. A fence is required around the pool area. Provide a detail of the fence. X On the site plan, show the points of access to the deck area currently outside the property line. 50. Provide a cross access agreement or written verification that access is X allowed between the subject property and the property to the east (with the wood deck and boat mooring area). 51. Staff recommends including the site address at the wall sign. X 52. The plan shows that public "green" area will be provided in the form of X the 0.2 acre recreation area and the 25-foot wide front paseos. Staff recommends creating additional public "green" space equipped with amenities such as benches, a gazebo, and/or BBQ pit area. 53. The buffer wall along the north property line acts as a "temfinating X vista" from each paseo area. Staff recommends incorporating additional decorative features such as fountains, statuary, or wall score lines to break the mundane wall expanse. COA 09/09/02 7 DEPARTMENTS INCLUDE REJECT 54. Staff endorses the concept of having a "focal point" to be located at the X northwest comer of the property. In addition to the landscaping, staff recommends that the "focal point" as shown as an asterisk (*) should be a fountain, statuary, gazebo or some other attractive public amenities. 55. Staff recommends aligning the main point of ingress / egress with a X pasco area rather than with the rear of Building 4 and Building 5. 56. Provide an elevation of the "existing covered "tiki" bar to be a cabana". X Ensure that the colors of the cabana will be compatible with the color palette of the proposed townhouse buildings. 57. The entryway to the recreational area appears as though it is an amenity X for just the four (4) easternmost townhouse units. Staff recommends redesigning the entryway so that it is more welcoming to the entire development. Create an entrance pavilion to the recreational area that is on axis with the sidewalk. 58. Off-street parking for the development will be limited to two (2) car X garages in each unit and guest parallel parking spaces. Because there is no alternative parking provision, staff recommends that the garage area in each unit be increased in size in order to maximize the storage space for both vehicles and various items and to prevent / minimize the haphazard parking of cars throughout the development. 59. Staff recommends configuring the buildings in such a way that will X allow for more units to have direct visual access to the future Intracoastal Park. 60. Staff recommends incorporating a second or third story porch (or on X both stories) into the design of the townhouse units that face (front and/or side faqades) either the Intracoastal Waterway or the Intracoastal Park. 61. Staff recommends installing more tall growing palm trees such as X Washingtonia Palms in the courtyard (paseo) areas in order to be more in scale and soften the height of the 3-story building. 62. The main east-west sidewalk is four (4) feet in width. Staff recommends X increasing the width to at least five (5) feet. 63. Staff recommends increasing the distance between buildings (pasco X areas) to allow for additional amenities and landscape material. 64. Staff endorses the concept of a pedestrian connection from the subject X property to the Intracoastal Park as shown on the southeast portion on the property. However, staff recommends that the entranceway be COA 09/09/02 8 DEPARTMENTS INCLUDE REJECT enhanced with additional landscaping, decorative lighting, and park-like benches. COMMUNITY REDEVELOPMENT AGENCY COMMENTS: Comments: 65. None X ADDITIONAL CITY COMMISSION COMMENTS: Comments: 66. To be determined. S:\Planning\SHARED'~WP~PROJECTS\The Harbom~lWSP 02-012\COA.doc PROJECT NAME: APPLICANT'S AGENT: APPLICANT'S ADDRESS: DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA The Harbors Jennifer Morton - Land Design South 8198 Jog Road, Suite 200 Boynton Beach, FL 33437 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: September 17, 2002 TYPE OF RELIEF SOUGHT: New Site Plan Approval to construct 54, three (3)-story townhouse units on a 3.208-acre parcel. LOCATION OF PROPERTY: 2700 block of SW 4th Street DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Community Redevelopment Agency, which Agency found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. The Applicant HAS HAS NOT established by substantial competent evidence a basis for the relief requested. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". The Applicant's application for relief is hereby GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: City Clerk S:\Planning~SHARED\WFAPROJECTS\The Hart)ors\NWSP 02-012\DO.doc Requested City Commission Meeting Dates [] August 6, 2002 [] August 20, 2002 [] September 3, 2002 [] September 17, 2002 VII.-CONSENT AGENDA · ITEH F CITY OF BOYNTON BEAC AGENDA ITEM REQUEST FOw,, Date Final Form Must be Turned in to City Clerk's Office July 17, 2002 (5:00p.m.) August 5, 2002 (Noon) August 19, 2002 (Noon) September 3, 2002 (8:00 a.m.) Requested City Commission Meeting Dates [] October I, 2002 [] October 15, 2002 [] November 6, 2002 [] November 19, 2002 Date Final Form Must be Turned in to City Clerk's Office September 16, 2002 (Noon) September 30, 2002 (Noon) October 14, 2002 (Noon) November 5, 2002 (Noon) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfmished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Motion to accept the written report to Commission of purchases over $10,000 for the month of August 2002 for informational purposes. EXPLANATION: Per Ordinance, Chapter 2, Section 2-56.1 Exceptions to competitive bidding, Paragraph b, which states: "Further, the City Manager, or in the City Manager's absence, the Acting City Manager is authorize to execute a purchase order on behalf of the city for such purchases under the $25,000 bid threshold for personal property, commodities, and services, or $75,000 for construction. The City Manager shall file a written report with the City Commission at the second Commission meeting of each month listing the purchase orders approved by the City Manager, or Acting City Manager". PROGRAM IMPACT: The new Ordinance has assisted departments in timely procurement of commodities, services, and personal property. Administrative controls are in place with the development of a special processing form titled "Request for Purchases Over $10,000' and each purchase request is reviewed and approved by the Department Director, Purchasing Agent, Assistant City Manager, and City Manager. FISCAL IMPACT: The change in Ordinance approved by Commission provides the impact of reducing paperwork by streamlining processes within the organization as defined in our City's Strategic Business Focus. This allows administration to maintain internal controls for these purchases, reduce the administrative overhead of processing for approval, and allow for more timely purchases to be made. ALTERNATIVES: Revert back to the procedure prior to Ordinance change. Deputy Director of Financial Services -C~y'i~Ianager's Signature Procurement Services Department Name SSBULLETINWORMS~AGENDA ITEM REQUEST FORM.DOC City Attorney / Finance / Human Resources CITY OF BOYNTON BEACH APPROVED REQUESTS FOR PURCHASES OVER $10,000 FOR MONTH ENDED AUGUST 2002 Vendor: Environmental Systems Research Institute, Inc. Requesting Department: ITS/GIS Purchase Amount: $ 23,120.00 Contact Person: Regina Hagger Brief Description of Purchase: This provides for a maintenance agreement on all ESRI software. The maintenance agreement provides the City with: free software upgrades; unlimited technical support for the software 24/7; special pricing on newly developed software, and free registration at the Annual GIS Conference for up to four (4) City staff members. Source for Purchase: 2. Vendor: Playmart, Inc. Sole Source Fund Source: 001-1511-513-46-91 Software Maintenance Purchase Amount: $ 24,281.13 Requesting Department: Parks Contact Person: Glenda Hall Brief Description of Purchase: Purchase of recycled plastic playground equipment for Oceanfront Park. This will replace the current playground equipment which has corroded. Source for Purchase: GSA #GS-07F-0206L 3. Vendor: Environmental Systems Research Institute, Inc. Fund Source: 001-2730-572-63-05 Parks Improvement Purchase Amount: $ 14,250.00 Requesting Department: ITS/GIS Contact Person: Regina Hagger Brief Description of Purchase: Purchase is for ESRI training which must be conducted by ESRI, owners of the software. This will provide for two (2) ArcGIS classes (12 students per class) in the ITS training room. Regular price is $2,000 per student, and conducting the training here within the City it will be $1,145.50 per student. Source for Purchase: Sole Source Fund Source: 001-1511-513-54-30 Trainincg The purchases presented in this ~ritten report were approved in accordance with the provisions of Ordinance 2.56, and are now being presented to C~. issi~,, r.e~uir~. City Manager Approval: Date: Presented to Commission for information on September 17, 2002. 1 of 1 VII.-CONSENT AGENDA tTEM G. CITY OF BOYNTON BEACI AGENDA ITEM REQUEST Requested City Commission Mcetm~ Dates [] August 6, 2002 [] August 20, 2002 [] 3, 2002 [] S~tember 17, 2002 NATURE OF AGENDA ITEM Dam F/md Form Must be Turned /n to City ¢l~,k's ~ July 17, 2002 (5:00 p.m.) [] August 5, 2002 (Noon) [] August 19, 2002 (Noon) [] S~ber 3, 2002 (8:00 a.m.) [] Requested City Commission IVleeting Dat~.s October 1, 2002 October 15, 2002 November 6, 2002 November 19, 2002 Date Final Form Must be Turned in to City Clerk's Office September 16, 2002 (Noon) September 30, 2002 (Noon) October 14, 2002 (Noon) November 5, 2002 (N _o<_1~9.'- - [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal ~ .~ [] Bids [] Unfinished Business [] Announcement [] Pre. rotation [] City Manager's Report _--z RECOMMENDATION: Approve revisions to Library Overdue Fines as follows: books ~ 10 cents per day, audios and CDs ~ 50 cents per day, and videos and DVDs ~ $1.00 per day. EXPLANATION: The current charges are: books ~ 5 cents per day, audios (~ 5 cents per day, CDs ~ 50 cents per day, videos ~ $1.50 per day, DVDs are new to the collection and would be equal to videos ~ $1.50 per day. It has been over a decade since the last revisions were made to the overdue fine schedule. The Library Board reviewed amounts charged at other local libraries (see attached Chart of Fines) and has recommended these changes at its Angust 28 meeting, PROGRAM IMPACT: Overdue fines assist the library by encouraging patrons to return items in a timely manner thus making library resources available to more people. The fine money is used to add books and other resources to the library collection. FISCAL IMPACT: It is estimated that fines will generate approximately $23,000 this fiscal year. The revised fine schedule could generate an additional $5,000 or so depending on the late return rate of materials. ALTERNATIVES: Keep the existing overdue fine amounts. Department Head's Signat~tre' City ~anager's Signature City Attorney / Finance / Human Resources SSBULLETINWORMS~GENDA ITEM REQUEST FORM. DOC Chart of Fines at Local Libraries And Recommended Fines for Boynton Beach City Library Library Books Videos DVD Audios CD Renewal Rewind PBCL 0.10 0.10 0.10 0.10 0.10 I, P No Boca 0.20 2.00 2.00 0.25 0.25 TP No Delray 0.10 0.50 0.10 T, P No Lake Park 0.05 0.10 0.10 0.05 0.05 T, P No Lake Worth 7day $1 0.10 0.10 0.10 0.10 P $1.00 reg $.10 Palm Springs 0.05 0.50 0.50 0.05 0.05 T, P No Riviera Beach 0.10 0.10 0.10 P No West Palm Beach 0.10 1.00 1.00 0.10 0.10 TP 1.00 BB - Current 0.05 1.50 0.05 0.50 T, P $1.00 BB - Recommended 0.10 t.00 1.50 0.50 0.50 T, I, P 0 Renewal Code T- Telephone I- Internet P- In person 8/29102 VZL-CONSENT AGENDA [TEM H. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Reques~l Ci~ Commission Date Final Form Must be Turned Requested City Commission Meeting Dates in to City Clerk's Off,ce Meetinu Dates [] August6,2002 July 17,2002 (5:00p.m.) [] October 1,2002 [] August20,2002 August5,2002 (Noon) [] Octol0cr 15,2002 [] September 3, 2002 August 19, 2002 (Noon) [] Nov~ 6, 2002 [] Sq)temb~r 17, 2002 Sept~ml~ 3, 2002 (8:00 a.m.) [] Nownnl~r 19, 2002 Dat~ Final Form Must b¢ Tura~d in to City Cl~nk's O~ September 16, 2002 (Noon) Septcm~r 30, 2002 (Noon) C~ol~'r 14, 2002 (Noon) November 5, 2002 (Noon) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Motion to approve the updated Library Long Range Plan for 2003-2005 EXPLANATION: The State requirea that each year, the City Commission formally approve the Library Long Range Plan in order to be eligible to apply for State Aid Grants. The Library Advisory Board reviewed the updated plan at its Auguet 28 meeting and recommended its approval. PROGRAM IMPACT: Approval will qualify the Library to apply for State Aid Grants. FISCAL IMPACT: Stats Aid Grants can bring additional library resources to the community. ALTERNATIVES: Do not approve and eliminate the Library from the State Aid Grant Program. The Library would also have to withdraw from the Library Cooperative of the Palm Beaches as membemhlp in the Cooperative ia contingent on meeting the State requirements. Department Head's Signature / ature Library Department Name City Attorney//Finance / Human Resources S:~ULLETIN~O~S~G~A ITEM REQUEST FORM.DOC Boynton Beach City Library Long-Range Plan, 2003-2005 A. Mission Statement The mission of the Boynton Beach City Library is to select, organize, preserve and make available, freely and easily, to all residents of the community, printed and other materials, within the limitations of space and budget, which will aid them in the pursuit of education, information, research, recreation and in the creative use of leisure time; and further to provide skilled guidance in the use of the library and its materials and electronic resources. B. Service Statement: The Boynton Beach City Library provides personal service. our customers with the best resources and C. Long-Range Goals - General Statements. The following goal statements define the philosophy of service and determine the broad- based elements of the practical implementation of the library service philosophy subscribed to by the Boynton Beach City Library. 1.0. Reference. Patrons receive up-to-date and accurate information in a timely manner with assistance from courteous and intuitively alert staff. 2.0. Popular. Patrons have access to current, high demand, high-interest materials in a variety of formats, within a reasonable time frame. 3.0. Independent Learning. Independent learners obtain materials, programs, information and staff assistance to attain their goals. 4.0. Formal Education. Students of all ages receive resources and staff support assisted by a strong library/school relationship. 5.0. Facilities. Patrons are provided attractive, well-maintained, user-friendly facilities offering expanded technologies. 6.0. Staff. The public is assisted by knowledgeable, well-trained, courteous, technological and service-oriented staff. 7.0. Technoloew. Patrons and staff use appropriate technology to facilitate access to information. 8.0 Public Relations. The community is aware of library/museum resources and materials and the availability of staff assistance. 9.0 Cooperation. Palm Beach County residents have access to expanded services and resources by the library's participation in cooperative networks. 10.0. Administration. The public receives the highest quality library service product at the most reasonable cost through routine review, evaluation, and modification of the organization and its' operations, policies, and procedures. D. Goals and Objectives. 1.0. Reference. Customers receive up-to-date and accurate information in a timely manner with assistance from courteous and intuitively alert staff. 1.1. Obiective 1. Increase transactions by two percent (2%) per year, using FY1998 as the base year, 2003-2005. 1.2. Obiective 2. Continue to improve patron access to reference materials and magazine articles, in all formats including electronic resources, by expending 10% of State Aid Funds in this area, for the period of 2002-2005. 1.3. Obiective 3. Plan, develop and implement a business, finance and government information service program, 2003-2005. 1.4. Oblective 4. Serve as the informational resource center for local education issues, 2003- 2005. 1.5. Ob]ective 5. Public Services. Enhance citizen's knowledge of library and museum services Task 1. Promote a different service each month. Task 2. Promote and assist patrons in using SIRSI automated features such as iBISTRO and reserves. Task 3. Cross promote library and museum. 1..6. Ob,iective 6. Business Services. Organize and preserve records/archives for easy retrieval. Task 1. Train an employee in current records management standards, techniques, policies and procedures to enhance storage and retrieval. 1.6. Obiective 7. Special Services. Create museum/library/school/businesses and maintain partnerships among Task 1. Establish relationships with 10 new organizations, groups or schools. 1.7. 2.0. 2.1. 2.3. 2.4. 2.5. Ob.[ective 8. Support Services. enhanced cataloging. Task 1. Task 2. Task 3. Increase awareness of high interest items via standard and Update cataloger's skills to reflect new materials formats. Continue to add Lexile reading levels to catalog records. Reduce level of legacy brief cataloging by 8%. Popular. Patrons have access to current, high demand, high-interest materials in a variety of formats, within a reasonable time frame. Ob.iective 1. Review and update Collection Development Plan, 2003-2005. Obiective 2. Increase total materials circulation (all formats) by one percent (1%) annually, 2003-2005. Obiective 3. Increase total number of library cardholders by two percent (2%) annually, 2003-2005. Objective 4. Expand the collection in all formats by expending up to 40% of State Aid funds in this area, 2003-2005. Obiective 5. Improve patron access to circulating and reference materials in all formats (including home access to electronic resources), ongoing. 2.6. Ob.[ective 6. Increase usage of the media/technology area of the library, 2003-2005. 3.0. Independent Learnine. Independent learners obtain materials, programs, information and staff assistance to attain their goals. 3.1. Obiective 1. Refine and continue to expand youth and adult computer training, concentrating on library skills, word-processing and Internet usage, 2003-2005. 3.2. Obiective 2. Define, collect statistical data and measure public use of electronic resources against FY 2000 baseline, 2002-2005. 3.3. Ob]ective 3. Finalize plans for utilizing library technology to extend hands-on learning experiences to the customers of the Schoolhouse Children's Museum, 2003. 3.4. Obiective 4. Continue Youth programs and implement refinements, 2003-2005. 4.0. Formal Education. Students of all ages receive resources and staff support assisted by a strong library/school relationship. 4.1. Objective 1. Develop one additional school partnership program annually, 2003-2005. 4.2 Ob.[ective 2. Monitor the state's Distance Learning Initiative Plan and incorporate relevant elements into the library's plan, 2003-2005. 4.3 Ob[ective 3. Construct and implement a user survey for school-aged children, 2003. 4.4 Objective 5. Continue to refine, implement and promote a Library After-School Mentoring/Tutoring Program with emphasis on Library Services, 2003-2005. 5.0. Facilities. Patrons are provided attractive, well-maintained, user-fi'iendly facilities offering expanded, relevant and appropriate technologies. 5.1. Obiective 1. Operate Schoolhouse Children's Museum facility annually, 2003-2005. 5.2. Objective 2. Submit minimum of one (1) grant per year for the Schoolhouse Children's Museum, 2003-2005. 5.3. Objective 3. Plan, design and prepare for expanded library facility (C[P). 2003-2005. 5.4. Ob[ective 4. Public Services. Refine and expand access to electronic equipment and resources for all ages. Task 1. Offer patrons at least 6 computer classes on a variety of subjects. Task 2. Continue to request and add patron e-mail addresses to COALA database, encouraging customers to set up PIN numbers to use special COALA features. Task 3. Utilize and encourage GIS kiosk service. 5.5. Ob[ective 5. Business Services. Support efforts to fund Library Construction Grant. Task 1. develop and begin the implementation of construction-funding plan. 5.6. Objective 7. Support Services. Create a unified electronic information source. Task 1. Customize SIRSI iBistro software. Task 2. Add local content components to COALA's web site. 6.0. 6.1. 6.3 Staff. The public is assisted by knowledgeable, well-trained, courteous, technology and service oriented staff. Objective 1. Promote and make available to staff SEFLIN continuing education courses. Objective 2. Working with the City's Professional Development Manager, incorporate city's education/training component into library staff training plans 2003. Ob[ective 3. Special Services. Recruit, train and sustain a dedicated staff, board and volunteers. Task 1. Increase floor volunteers from current number of 10 to 14. 7.0. Technology. Patrons and staff use appropriate technology to facilitate access to information. (See Technology Plan, Addendum A) 8.0. 8.1. 8.2. 8.3. Public Relations. The community is aware of library/museum resources and materials and the availability of staff assistance. Obieetive 1. Review techniques and methods for marketing/promoting the Library throughout the community, develop and implement a public relations plan, which will facilitate community awareness, 2003-2005. Obiective 2. Public Services. Promote visits to Town Center. Task 1. Conduct at least one genealogy family history program in conjunction with the museum. Task 2. Maintain awareness of all programs and events taking place in the city complex and promote to patrons through appropriate methods (handouts/verbal reminders/etc) Objective 3. Business Services. Provide a secure environment for patrons using the library campuses. Task 1. Continue to strive for fewer incidents in and around library facilities. Task 2. Continue to provide proactive armed security guard and staff on duty at appropriate times. Task 3. Promote library secure environment to the public. 8.4. Objective 4. Gain regional recognition for innovative programs involving parent-child interaction.. Task 1. Attain press coverage at least 5 times in the print media. Task 2. Implement marketing plan for Schoolhouse Children's Museum. 8.5. Objective 5. Utilize the Intemet to promote the Library/Museum, ongoing. 9.0. Cooperation. Palm Beach County residents have access to expanded services and resources by the library's participation in cooperative networks. 9.1. Objective 1. Increase staff participation in Seflin, 2003-2005. 9.2. Objective 2. Expand membership in the Library cooperative of the Palm Beaches, 2003- 2005. 9.3. Objective 3. Improve access to library materials and programs by promoting the sharing of resources among the member libraries of the Library Cooperative of the Palm Beaches, 2003-2005. 9.4. Obiective 4. Improve access to information for residents of all ages by promoting Library Cooperative reference programs, 2003-2005. 9.5o Objective 5. Increase the availability of library resources and services to serve special populations within the Library Cooperative service area, 2003-2005. 9.6. Objective 6. Increase awareness of programs, services and benefits of the Library Cooperative, 2003-2005. 9.7. Objective 7. Provide equal access to public library service for all residents in the Library Cooperative service area, 2003-2005. 9.8. Obiective 8. Increase the effectiveness of member library staff by providing appropriate continuing education and training oppommities, 2003-2005. 9.9. Ob[ective 9. Promote cooperation among Library Cooperative members by involving staff at all levels in planning and evaluation, 2003-2005. 9.10. Obiective 10. Support Services. Continue and expand cooperative services and staff participation in COALA, SEFLIN & the Library Cooperative of the Palm Beaches. Task 1. Provide opportunities for full-time staff members to attend at least 1 cooperative activity. Task 2. Encourage staff and customers' usage of SEFLIN's MyLibraryService.org and Mi Servicio de Biblioteca. 10.0. Administration. The public receives the highest quality library service product at the most reasonable cost through routine review, evaluation, and modification of the organization, and its operations, policies, and procedures. 10.1. Objective 1. Maintain library policies that promote fair and equitable patron service, facilitate optimal access to the wide range of informational resources, and are relevant to the needs and demands of the community, 2003-2005. 10.2. Obiective 2. Review and evaluate existing procedural manual for relevance and currency, 2003-2005. 10.3. Obiective 3. Conduct annual reviews of library policies and procedures so as to insure relevance, currency and effective community access to the library's information resources, 2003-2005. 10.4. Ob[ective 4. Revise and update the Long-Range and Technology Plans reflecting current and future needs for the provision of quality library services and information resources to the community, 2003-2005. 10.5. Objective 5. Assist in the planning, development, and implementation of a Strategic Plan for the Schoolhouse Children's Museum, 2003-2005. Addendum A. Library Technological Services Plan. Mission Statement. The Boynton Beach City library envisions the use of technology to expand and enhance public access to its diverse inventory of information service products. In this endeavor, the library will continue to fulfill its function as the community's information resource center, serving a diverse, multicultural clientele. 1.1. Statement of Purpose. It is the intent of this library to establish, maintain and continue to develop an environment that facilitates efficient and effective public access to the wide range of informational resources available through the use of state-of-the-art technological tools. An optimum accessibility environment would include the use of current technology, such as computers, electronic assistive devices, wide area networks (WANs), internet and other telecommunication tools, online catalogs, web sites, electronic materials and the like. In this "patron friendly" technological context, the training of all library staff members and patron/clients alike is an essential element in the success and growth of such an information rich environment. The knowledge of the "how's, the what's and the where's" of the technological tools of our information age is the key to success. Therefore, the training of library staff members and patron/users is a pivotal component in the library's current and future service programs and operations involving the use of technological tools. It is implicit that technology and training are critical components in the formula necessary for the development and execution of high quality, effective and readily accessible information services to Library customers, including those clients with special needs and the community at large 2.1 · 2.2.1. 2.2.2. Goals, Objectives, Outcomes and Measurements Goal 1. Provide for expanded client access to the informational resources available at the local, regional, state, national and intemational levels through the increased utilization of state-of-the-art technological tools and resources. Ob,iective 1. (Hardware and Software). Acquire, maintain and upgrade the technological capability enabling the expansion of access to the wide range of informational resources and the maintenance of a secure and safe electronic environment, 2003-2006. Outcome 1. Implement a computer upgrade plan providing a schedule for replacing one third of the library's public computers every year. Measurement 1. Twenty-five public computers are replaced each year, beginning in FY2004. Outcome 2. Implement network infrastructure upgrade plan providing a schedule for replacing all of the servers, communications hardware and other related equipment within a 5-year period. Measurement 2. At least one server and one switch/hub/router are replaced each year beginning in FY2004. Outcome 3. Implement printer and scanner upgrade plan providing a schedule for replacing the library's public printers and expand printing capability. Measurement 3. At least one public printer is replaced each year beginning in FY2004 and at least two additional public printers are added by FY2006. Obiective 2. (Electronic Products). Enhance and expand public accessibility to the wide range of information resources through a continuing process of introducing relevant technological tools. In addition to relevance, these tools should also produce efficient, effective, secure and high quality public service product results, 2003-2006. Outcome 1. Take advantage of regional/state database purchasing agreements to expand public access to available databases by adding at least one additional database service per year, FY2004-2006. Measurement 1. Beginning in FY2004, one new database will be added to the library's public service inventory. Outcome 2. Review use of all databases each year, add/delete those databases not frequently used. Measurement 2. Staff will meet 2 times during the year to review viability of library databases. Outcome 3. Offer limited Intemet access on the public computers, installing Internet connection on 4 public computer workstations in the Museum. Measurement 3. Intemet connection installed and functional, FY2003. Outcome 4. Offer Interactive Learning Games related to the various Schoolhouse Children's Museum themes on 4 public computer workstations. Measurement 3. Software for interactive learning games installed and functional on 4 public computer workstations in the Schoolhouse Children's Museum, FY2003. Outcome 5. Purchase and install dedicated server for storage of a digital collection providing public access to an interactive community, serving 4 onsite workstations and 10 simultaneous remote users, FY2003. Measurement 5. Server acquired, installed and functional for 4 onsite users and at least 10 remote users. 2.2.3. Objective 3. (Telecommunications). Secure the appropriate communications technologies so as to insure a reasonable level of consistent, effective, secure and safe internet/World Wide Web access for all library patrons/users. 2003-2006. Outcome 1. Staff to review at least once a year the pricing, viability and effectiveness of current telecommunications product agreement. Measurement 1. The price is competitive; product is reliable with no more than one failure per month. 2.2.4. Ob,[ective 4. (Administration). Develop, implement and refine policies and procedures, which will provide for an efficient and effective public service product, an internal 9 structure to operate and maintain the service and a cost effective product environment, 2003-2006. Outcome 1. To have in place a clear, concise and relevant set of library technology related policies and procedures, which insures ease of public access and maintainability. Measurement 1. At least once per year, staff reviews, revise or otherwise update existing and/or proposed technology related policies and procedures. 2.2.5. 2.3. 2.3.1 2.2.1. 2.3. 3.0. Ob.iective 5. (Administration). Develop an organizational structure, which will provide for the maintenance and support of the public access Intemet/Web service product, as well as other online services to the patron/user, FY2003-2006. To be addressed during the current planning period. Goal 2. (Parmerships). Establish working partnerships with the community at large, including local Governmental entities, educational organizations/institutions, cultural agencies and civic groups in order to support and promote quality library electronic service programs throughout the community. Obiective 1. (Community) Establish a team of local representatives to assist in the development of a plan of action, which would determine effective approaches to supporting and promoting technological accessibility to information by the general public. Some considerations would include the optimization of InterneffWeb and distant learning capabilities, 2003-2006. To be addressed during the current planning period. Ob[ective 2. (Partnerships). To establish partnerships with local community groups, organizations, institutions, etc., for the purpose of supporting and promoting public access to Interact/Web and other electronic information service relevant to patron/user needs and the needs of the community at large, 2003-2006. To be addressed during the current planning period. Goal 3. (Hardware and Sof~ware). Enhance/upgrade existing access tools through the introduction of technologies and knowledges that promote efficient, effective and expanding use of and access to the wide range of informational resources by the library's patron/users and the community at large. Conceptual options currently under consideration. Professional Development Strategy. In order to maintain and grow a set of library service products based on technological developments the Library will continue to provide technology training and learning opportunities for the employees. Improving and enhancing the Library staff's ability to assist the public with accessing information using 21st century technology and building the staff comfort level is the expected outcome of such training. The professional development strategy takes into consideration the technology needs of both patron and staff. 10 Objective 1. (Training). Develop an ongoing library patron/user-training program that will establish and maintain basic technological skills enabling ease of access. It will include Intemet/Web access and search strategies, using and searching the online catalog and other skills and knowledge required to function in an electronic information environment and gives a working knowledge of the technological tools and resources available in the library, 2003-2006. Outcome 1. All full time employees, who work with the public, will be trained in the use of the Unicom Circulation System, so as to have sufficient backup personnel for the Circulation Desk. Measurement 1. Each full time staff member will attend one Unicom specific training oppommity provided for by the library's Network Administrator. Outcome 2. All full time employees will be trained in the use library related software products, so as to more effectively work with the public on technology related issues. Measurement 2. All full time employees will attend at least one library related software product-training event per year. Outcome 3. All professional librarians will participate in technology-related training or continuing education events to improve library related technical skills when working with the public. Measurement 3. Professional librarians will attend at least technology training event, workshop, conference, or seminar each year. Outcome 4. The library's Network administrator will train backup personnel in the operations of the network in order to create an effective level of redundancy. This would maximum problem solving. Measurement 4. The Network Administrator will provide for six (6) library network related training events for at least two- (2) professional staff member during the year. Outcome 5. The Network Administrator will attend system specific training events in order to maintain a state of the art practical knowledge of network functions. Measurement 5. The Network Administrator will attend at least one bibliographic network conference or workshop per year. 11 Obiective 2. To provide training and learning opportunities for all library patrons served by the Library so as to increase access to information and open new informational opportunities. Outcome 1. Increase the types of computer training programs by 5% through an expansion of learning opportunities to include basic computer and Intemet skills, electronic bibliographic searching, e-mailing, and office product software. FY2003 Measurement 1. Increased participation documented through the attendance logs and increased training events as documented through program schedules, lesson plans and other related documentation. Comparison will be based on first year of operation statistical reports. Outcome 2. Increase the number of library patrons who have a strong basic practical knowledge of using technological tools to search bibliographic and other data bases by 5%, FY2003. Measurement 2. Documented through training attendance logs and reduced time requiring staff intervention as documented through monthly reports and statistical data. Outcome 3. Increase the technology training opportunities for the public at the 2 LSTA funded remote sites within the City by 3%, FY2003. Measurement 3. Increased participation documented through the attendance logs and increased training events as documented through program schedules, lesson plans and other related documentation. Comparison will be based on first year of operation statistical reports. 4.0. Assessment of Technology Services, Equipment, Software and Other Resources Network. The library's network infrastructure consist of a ML Proliant 370, for the day to day operations of the bibliographic database, including OPAC and cataloging. The Compaq Proliant is nmning SCO UNIX 5.0.5, SIRSI's Unicom, Apache and Microlite Backup Edge. The library's domain and Intemet connection are nmning on a Compaq Prosignia 200. This server hosts the web sites for COALA and the Schoolhouse Children's Museum. The operating system is MS Windows NT 4.0, with a socks proxy server. There is also a Compaq EVO D300 computer setup solely for file storage. There is 1 Dell Optiplex/w monitor, for network administration The communications hardware includes: 3- 3Com Super Stack II switches, which connects the computers; 1 Cisco 2905 Router, which is the library's internet connection; 1 - 3Com Super Stack II Hub for splitting the City network from the library. 12 The communications circuit is a full T1 connection, provided by BellSouth, to FIRN. This library side circuit connection also serves the 3 COALA member libraries. There also one each ADSL Intemet connections provided by BellSouth, serving the two remote sites. One is located on site at the Hester Community Center and the other is installed at the Boynton Beach Senior Center. Computers. For public use there are available 50 Compaq PCs of various models, serving the library, the museum and 2 remote sites (Hester Community Center and the Boynton Beach Senior Center). All computers are running MS Windows 95 or 2000, MS Office Suite, Norton Anti-Virus, Fortres (for computer security) and Clean Slate (for computer management). All public computers have access to the Internet, using Netscape Navigator or MS Internet Explorer, with the exception of the 40PAC units. For staff use, there are available 23 Compaq computers of various models. They are used for Administration, Support Services, Youth Services, Public Services and GIS functions. Printers. There are 2 printers, various black and white HP models, available for the public to use, and one for GIS, which is color. For staff, there are available 10 printers available, various HP color and black and white models. Technical Support. The network is supported by 1.1 FTE staff in-house; the City's ITS staff, SIRSI Corporation, and A.S.K., Inc. (for UNIX support). Occasionally, for special projects, the library will contract for short-term support. Databases. The library cun'ently subscribes to nine (9) online databases. They are; Ancestry Plus, Electric Library, First Search, InfoTrac, Literature Resource Center, Palm Beach Post, Reference USA, SIRS, Standard & Poor's and the Sun-Sentinel. GIS. A computer kiosk providing public access to a wide variety of city maps, for questions concerning utilities, zoning, geographic locators, etc. This is connected to the city GIS database using a Compaq Deskpro EN, with color printing and scanning capability (HP ColorLaserJet 8550N and Scanpartner 15C scanner). Laserfiche. Library staff currently uses Laserfiche for internal purposes, including researching financial records and purchasing records, using a Compaq Deskpro EN, with color printing and scanning capability (HPColorLaserJet 8550N and Scanpartner 15C scanner). Staff Training. Currently, the general library staff is trained in basic to intermediate computer use, including Intemet navigation and search strategies and use of the automated circulation system (SIRSI's Unicom software). Approximately fourteen percent (14%) of the staff has been trained in the use of MS Office Suite, MS PowerPoint, MS Project Manager, various graphics software, GIS and Laserfiche software. Seven percent have some level of training and experience with UNIX operating 13 system, from basic to advanced. There are three sources of technology training. They are SEFLIN; Library initiated training; and, the City's Professional Development program. Public Training. Technology training for the library's customers is for adults, children and young adults. There is a small computer lab in the library, a small computer lab in the Boynton Beach Senior Center and a moderate sized facility in the Hester Community Center. The training program is uniform throughout all of the facilities, including curriculum. However, there is some allowance for site uniqueness. The range of subject matter includes; basic mouse use, beginning Intemet, advanced Internet, bibliographic and database searching techniques and strategies, 2 levels of word, using e-mail, genealogy, working with online stock information, and using literature based databases. In the last year for all sites, the library has trained approximately 3500 customer/students. The demand is high. However, in spite of the expanded resources, there continues to be a shortage of instructors, computers and space. 2.1. Technology Resources Assessment Table Asset Type Description Quantity Time in Place Lifespan Network Infrastructure Server, Compaq ML Proliant 370 1 1999 5 years Server, Compaq Prosignia 200 1 1997 5 years Server, Dell Optiplex GXa (PC) 1 1996 5 years Server, Compaq EVO 300v 1 2000 5 years Switches, 3 Com Super Stack II 3 1999 6 years Router, Cisco 2905 1 1998 5 years Hub, #Com Super Stack 1I 1 1998 6 years Internet Circuit, Library T1, BellSouth 1 1998 7 years Intemet Circuit, Library ADSL, BellSouth 2 2001 7 years Internet Circuit, City 1 gigabit fibre optic 1 1999 7 years Network Clients PC workstations, Compaq EVO D300v 13 2002 3 years PC workstations, Compaq Deskpro 2000 70 1998-2000 3 years PC workstations OPAC 4 1998 3 years Printers, HP Various LaserJet models 12 1999-2000 5 years Software Microsoft Office Suite 95, 2000 and XP licenses 83 1999-2001 N/A Microsoft Windows 95, 2000 and XP licenses 83 1999-2001 N/A Microsoft NT 2000 license 1 2000 N/A LPT ONE Print manager license 1 2001 N/A Clean Slate PC manager license 70 2001 3 years 14 Fortress PC security license 70 2002 5 years Unicom, SIRSI Bibliographic license 100 user 2000 N/A iBISTRO, SIRSI 100 user 2002 N/A 3.0. Budget Plannine. The Library will seek to provide sufficient funding to provide the means 3.1. of achieving the goals and objectives of this plan. Obiective 1. Utilize State Aid to supplement funding for the goals and objectives technology plan, FY2003-2006. Outcome 1. Purchase of 10 computers for public use as part of the library's equipment replacement plan. Measurement 1. Ten replacement computers installed during the year as a result of allocating of up to 15% of the library's state aid grant, FY2003. Outcome 2. Purchase of at least one new database in FY2003-2004, using State Aid. Measurement 2. One new database purchased, installed, marketed and made accessible to the public, FY2003. Outcome 3. Maintain contract for onsite PC technical support. Measurement 3. Contract secured for 209 hour annually onsite PC support, FY2003. Objective 2. Outcome 1. 3.2. Secure funding for COALA related technology tasks. Secure sufficient funding to provide SCO UNIX support, including sot'tware upgrades, for the bibliographic database server. Measurement 1. Funding is secured to retain the appropriate level of technical support, FY2003. Outcome 2. Secure sufficient funding to provide support for SIRSI's Unicom and iBISTRO soflwvare products, including sof~are upgrades, for the bibliographic database. Measurement 2. Funding secured to provide software support, FY2003. Outcome 3. Funding secured for OCLC Holdings Project to convert 10,000 records. Measurement 3. Funding secured to support the project, FY2003. 15 Outcome 4. Funding secured to support the maintenance and sol, are upgrade of public computer security and other software enhancements. Measurement 4. Funding secured to support the maintenance and software upgrade of public computer security and other sofb~vare enhancements and action accomplished FY2003. Outcome 5. Funding secured for staff and material to support the technology plan and the library's efforts to provide computer and other technological services to the public. This includes funding support for 1.1 FTE professional, technical staff. Measurement 5. Funding secured for 1.1 FTE staff to support library technology plan and initiative, and the necessary material. Planned Technology Budget Source Plan Description Amount Year State Aid Funds 3.1, Outcome 1 PC replacement 8,900 FY2003 State Aid Funds 3.1, Outcome 2 Database purchase 8,000 FY2003 State Aid Funds 3.1, Outcome 3 Onsite PC support 14,000 FY2003 Local Funds 3.2, Outcome 1 SCO Unix support 2,990 FY2003 Local Funds 3.2, Outcome 2 Unicom and iBistro support 6,220 FY2003 Local Funds 3.2, Outcome 3 OCLC Holdings project 5,878 FY2003 Local Funds 3.2, Outcome 4 OCLC Cat Express 2,935 FY2003 Local Funds 3.2, Outcome 5 Support staff, 1.1 FTE @$25, 57,900 FY2003 44hrs/w 4. Plan Evaluation. The basic premise for the evaluation of this technology plan is the satisfactory accomplishment of the mission critical, stated goals, objectives and outcomes, as demonstrated through the analysis of the defined measurements. In addition, there are stated goals and/or objectives that are considered mission critical in nature and noted for further consideration and development. The measurements are designed to indicate change and/or growth in customer use, quality and quantity of the service product and infrastructure improvements/enhancements. All goals, objectives, outcomes and measurements are considered mission critical in nature and focus. The are an indication of the needed improvements and enhancements which have been determined to have a direct impact on public use of library technology and ease of access to information. The key areas for review are public access to information impact; professional development; available telecommunications, equipment and sol, are; and, the acquiring of appropriate funding to support the plan. The technology plan is reviewed, evaluated and updated each year by staff; submitted to the City Commission for review and adoption; and, forwarded to the State Library. 16 VII.-CONSENT AGENDA ITEH I. CITY OF BOYNTON BEAC] AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Requested City Commission Meeting Dates Date Final Form Must be Turned in to City Clerk's Office [] August 6, 2002 July 17, 2002 (5:00 p.m.) [] October 1, 2002 September 16, 2002 (Noon) [] August 20, 2002 August 5, 2002 (Noon) [] October 15, 2002 September30,2002(Noon) [] September 3, 2002 August 19, 2002 (Noon) [] November 6, 2002 October 14, 2002 (Noon) [] September 17, 2002 September 3, 2002 (8:00 a.m.) [] November 19, 2002 NATURE OF AGENDA ITEM November 5, 2002 (Noon)__ :,3 [] Administrative [] Development Plans r-.> [] Consent Agenda [] New Business c~ [] Public Hearing [] Legal ~ [] Bids [] Unfinished Business ~-- [] Announcement [] Presentation ~ [] City Manager's Report RECOMMENDATION: Accept the renewal quote for 2002-2003 fzom the Florida League of Cities / Florida Municipal Insurance Trust. EXPLANATION: This renewal covers Automobile Liability, Automobile Physical Damage, Property (Real & Personal), Inland Marine, and Crime and Bonds. The Total Net Premium at renewal is $452,806.00. PROGRAM IMPACT: This is a renewal of current automobile and property insurance program. Please note that this is the third year of the three year guaranteed liability and workers' compensation program. FISCAL IMPACT: These premiums were projected in the FY 2002-3 Budget under account numbers 522-1710-519-45.03, 45.05, and 49.23. ALTERNATIVES: To fully self-insure program and put City at risk in excess of $90M in property exposure. Department Name r ' City Manager's Signature City Att6rr~'~-Pi~ance / Human Resources RM/FY 2002-3 Property Auto Ins Renewal S:~BULLETIN~ORMS~AGENDA ITEM REQUEST FORM.DOC FLORIDA I.,EAG[IE OF CITIES, INC. Puhlic Risk Services P. C). llox 530065 Orlamh~, Fl 32fl53-006S RI-.~TNEWAL QUOTE FOR 2002-2003 City of Boynton BeaCh Aut,'mmhile Liability Autonxobilc Physical Damage Property - Real & Persomql Inland Marine Cdmc / Bonds .D.e.d~rtibl~ $100,000 S.[.R. Per Schedule $5,000 Per Schedule Per Schedule Limit $0 $86,889,681 Premium $58,158 $54,817 $418,64 $32,128 $1,556 NOKMAL PR. EMIUM PAR.'t'ICIPATION CRFDIT 'I"O['A1, NET PREMIUM $565,306 LL2~5oo $452,806 012210~ OS$.MJni Renewal Quote,als Requested City Commission Meeting Dates [] August 6, 2002 [] August20,2002 [] September3,2002 [] September 17, 2002 VII.-CONSENT AGENDA ITEM J. CITY OF BOYNTON BEAC} AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to City Clerk's Office July 17, 2002 (5:00 p.m.) August 5, 2002 (Noon) August 19, 2002 (Noon) September 3, 2002 (8:00 a.m.) Requested City Commission Meeting Dates [] October 1,2002 [] October 15, 2002 [] November 6, 2002 [] November 19, 2002 Date Final Form Must be Turned in to City Clerk's Office September 16, 2002 CNoon) September 30, 2002 (Noon) October 14, 2002 (Noon) November 5, 2002 (Noon) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Release of $1,100 Builders Cash Bond to Tosca Catering, 4707 N. Congress Avenue by motion. EXPLANATION: City Manager paid a visit to the business premises on September 16, 2002 at owner's request to evaluate the condition of occupancy and the completion of the building permit. The City Manager was satisfied that the business had indeed obtained the necessary City Occupational License, Occupational Certificate and had completed necessary items. The cash bond was posted by the business owner at the request of the City to make sure that a roof access device was affixed to the building per the provisions of the new building code that went into effect in March 2002. Tosca's building permit was the first permit issued for the shopping center since March 2002 and the City required the roof access to be part of the Tosca occupancy permit even though it was not behind the Tosca unit and it was not constructed by Tosca. The work is completed and rather than have the business wait until the October 1, 2002 City Commission Meeting, staff is requesting that the Commission authorize the release of the bond. In addition, the Development Department is working with the Legal department to develop a code amendment to allow the release of small builder cash bonds (under $10,000 - $25,000) administratively. This is an impact of the new administrative provisions of the new building code that will need revision. PROGRAM IMPACT: None. FISCAL IMPACT: ALTERNATIVES: business owner. None Place item on October 1, 2002 Commission Agenda which would place a financial hardship on ' Ci[y Manager s Signature Department Head's Signature Department Name City Attorney / Finance / Human Resources S:\BULLETIN~FORMS\AGENDA ITEM REQUEST FORM.DOC X]'. - NEW BUSINESS I'TEM A. CITY OF BOYNTON BEAC AGENDA ITEM REQUEST FO ttVl Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Requested City Commission Meeting Dates Date Final Form Must be Turned in to City Clerk's Office [] August 6, 2002 July 17, 2002 (5:00 p.m.) [] October l, 2002 September 16, 2002 (Noon) [] August 20, 2002 August 5, 2002 (Noon) [] October 15, 2002 September 30, 2002 (Noon) [] September 3, 2002 August 19, 2002 (Noon) [] November 6, 2002 October 14, 2002 (Noon) [] September 17,2002 September 3, 2002 (8:00 a.m.) [] November 19, 2002 November5,2002(Noon) NATURE OF AGENDA ITEM [] Admimstrative [] Development Plans · ~, Consent Agenda ~u New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Motion to approve the Special Event Permit request for the Dickman wedding and reception at Oceanfront Park on October 21, 2002. EXPLANATION: Mandy Dickman has requested the use of Oceanfront Park for a wedding ceremony and reception on October 21, 2002. Miss Dickman has completed a Special Event Permit application for this event. The application was reviewed and approved by the Fire Department, Police Depa_mnent, Department of Development, Risk Management, Public Works, Recreation Department, the Town of Ocean Ridge and the Department of Environmental Protection (due to turtle season). Approximately 75 people will attend. The Recreation Department recommends approval of the special event permit; City Commission authorization is needed in accordance with ordinance #098-37, due to the religions nature of this event and the disbursement of alcoholic beverages. PROGRAM IMPACT: The wedding ceremony will be conducted at the south end of the beach property. The reception will include food, beer and wine and will be contained to the reserved picnic pavilion area. Wedding guests will carpool with approximately 20 cars parking in the lower parking lot. FISCAL IMPACT: · Application fee in the amount of $15 has been received. A permit fee of $25 will be assessed when permit is issued. · Picnic Pavilion rental fee of $25 for each pavilion and the damage deposit has been received. · Daily parking fees will be charged to the applicant. ALTERNATIVES: · Approve request without alcohol. · Deny Special Event Pe!~~ , Department He~gnature // ' // ~/~f/~ Department Name City Manager's Siguamre City Attorney / Finance / Human Resources S:XBULLETINLFORMSLatGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH APPLICATION FOR SPECIAL EVENTS Page 1 of 3 Please type information or print legibly in dark ink. Application must be filled out completely. A detailed site map showing all temporary structure locations (stages, resta'ooms, signage, tents, etc.) must be at~ached. Application fee must also be included when application is turned in to the Recreation Department, or it wilt not be reviewed. EVENT PROPOSAL Detailed description of the event Requested location of event Alternate location of event Dates and times of the event Date Day , ~B eg2n.._ Event Day I }'O;~1-~ [~/'~ff--~L~-~ ~-OC.30AM ~'~PM Event Day 2 I O AM O PM Event Day 3 O AM O PM Event Day 4 O AM O PM Event Day 5 O AM O PM End ~ 0 AM (~ PM O AM O PM O AM O PM O AM O PM O AM O PM Set up for event will begin on Breakdown will be complete by Alternate date for your event Date lC -Z.t - c~'-d_..*. Time Date IC,-~..~ -- 0-2- Time Organization (s) Producing Event: Name ~' ] ~ Name Address City State/Zip Phone Fax # of full time staff members in the organization # of volunteers in the organization Address City State/Zip · Phone Fax # of full time staff members in the organization # of volunteers in the organization Name Address City State/Zip Phone Fax Individual(s) Responsible: Name ("y~ ~ 15 Address iL.3-I q'[ ~-t~4~,~ City - ~t~,~ Stat~Zi~ ~ ~' ,~.~ ~,~ Phone (,~ i3 ~'_~~ F~ Non-Profit, Private or Commercial ,~/~ Tax Exempt Number 'N Corporation Name ~. Date of Incorporation (Please attach a copy of your sales tax certificate to the application). Purpose of the event (Goals, etc.) Number of years this event has taken place in the City of Boynton Beach: Is event produced in other cities? ~ If yes, what cities? Estimated number of participants ~-/ 5 9 CITY OF BOYNTON BEACH APPLICATION FOR SPECIAL EVENTS Page 2 of 3 Please list charges for participants and viewers below (admission, registration or entrance fees): endor Fees Number Food Vendors Art Vendors (other) Tickets/Registrati911 Number Adults Children Seniors Cost Per Vendor Cost per Ticket/Registration Fee Estimated Reven~.~ Esti t~ed Revenue How will these revenues be utilized? J If the proceeds of the requested event are intended for an org~ other than the applicant, please provide the following information: Benefiting organization: Address: J City/State/Zip: Contact Person: jJ Phone: Terms of Agreement: Total Estimated Donation:~/ Event Loeistics: Will your event require road closure? __ Iq O If yes, please describe requested streets and times below: A map of this area must be attached. Does the proposed area include fenced areas? ~ t~ If yes, clearly indicate the exact areas to be fenced on the map. There are specific requirements regarding fencing on city property. Will event require the use of electricity? 'Jg-YES 0 NO ' Location: Events requiring electricity must hire an electrician, licensed in the City of Boynto'o'o'o'o'o'o'o'o~h Beach. (Please show loc~tions on rr~p) Name of Electrician Company Name Phone No. The event promoter is responsible for clean-up of all event sites. The City of Boynton Beach will provide dumpsters for your event at your request All dumping fees will be charged to the promoter by the city. If event site is not cleaned thoroughly, a clean-up charge will be assessed. Who will provide clean-up service during and after the event? Company: ~.~..~ 1~ ~ 1.~ Phone: Number ofdumpsters needed: ~5 Location (please show on map): Number of temporary restroom facilities being placed: (DI~) ~. I, [ (The minimum number of facilities should be one per 200 persons. Please show o~-Iocations thap) Will music be provided (~YES O NO Number of loud speakers: DATE TIME OF DAY TYPE OF MUSIC Will food and/or beverages be served? ~i!~YES ONO ~l~Alcoho, ~Food (/3IT Oc~LI ill i 0'~ (Please indicate the locations of these areas/booths on the site map. Permission to sell alcohol on public property must be given by the City Commission.) 10 Are you utilizing public transportation? CITY OF BOYNTON BEACH APPLICATION FOR SPECIAL EVENTS Page 3 of 3 O YES'~ NO How? Please explain. Are you proposing to place signs or erect banners? (Indicate their location on site map) O YES ~kNO Will any temporary structures be erected (stages, tents, ticket booths, etc? (Indicate their locations on site map) O YES (~NO Will the event have any vendors or concession sales? O YES (J~NO Please indicate Will the event include amusement rides? O YES ~(NO If yes, company providing the equipment What amusement rides are planned? ~ (All amusement rides must be approved by the state. Please indicate on site map) -S'~n~ture [ .... Date Please enclose the appropriate non-refundable application fee payable to The City of Boynton Beach Recreation Department P.O. Box 310, 100 E. Boymon Beach Blvd. Boynton Beach, FL 33425-0310 FOs~iTETAFF USE ONLY MAP O SALES TAX CERTIFICATE O APPLICATION FEE RECEIVED: NAME ON CHECK: DATE APPLICATION RECEIVED AMOUNT: $ I'"~ -- CHECK #: ~6L~ '~, ~~ DATE: APPROVALS: PLANNING & ZONING DIVISION BUILDING DIVISION FIRE DEPARTMENT POLICE DEPARTMENT RISK MANAGEMENT RECREATION DEPARTMENT SIGNATURE DATE SIGNATURE DATE SIGNATURE DATE SIGNATURE DATE SIGNATURE ~ DATE SIGNATV / .., DATE 11 Requested City Commission Meeting Dates [] August 6, 2002 [] August 20, 2002 [] September 3, 2002 [] September 17, 2002 XII. - LEGAL ITEM CITY OF BOYNTON BEACE AGENDA ITEM REQUEST FOl v, Date Final Form Must be Turned in to City Clerk's Office July 17, 2002 (5:00 p.m.) August 5, 2002 (Noon) August 19, 2002 (Noon) September 3, 2002 (8:00 a.m.) Requested City Commission Meeting Dates [] October 1, 2002 [] October 15,2002 [] November 6, 2002 [] November 19, 2002 Date Final Form Must be Turned in to City Clerk's Office September 16, 2002 (Noon) September 30, 2002 (Noon) October 14, 2002 (Noon) November 5, 2002 (Noon) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Please place this request on the September 17, 2002 City Commission Agenda under Legal, Ordinance - Second Reading. The City Commission with a unanimous vote recommended that the subject request be approved. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 02- 143. EXPLANATION: PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: Bethesda Hospital Rezoning (REZN 02-004) Jaime Gentile, Kilday and Associates, Inc. Bethesda Memorial Hospital South side of Southwest 23ra Avenue (Golf Road) between South Seacrest Boulevard and Interstate 95 Request to rezone a 10.37-acre parcel from PUD (Planned Unit Development) district to PU (Public Usage). PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A Develo/prfient l[J-e~'~r tm~nt-15 ir e c t o r · C~t~ Manager's Signature ~ Cit~ Atto~t~y / Finance / Human Resources S:LPlanning~SHARED\WP\PROJECTS~Bethesda~Bethesda Memorial Hospital Rezoning 2002~Agenda Item Request Bethesda Hosp.2nd reading REZN 02- 004 9-17-02.dot ORDINANCE NO. 02- O ~'O AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, REGARDING THE APPLICATION OF BETHESDA MEMORIAL HOSPITAL (10.37 ACRE PARCEL); AMENDING ORDINANCE 91-70 OF SAID CITY BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM PUD (PLANNED UNIT DEVELOPMENT) TO PU (PUBLIC USAGE); PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Boynton Beach, Florida has adopted Ordinance No. 91-70, in which a Revised Zoning Map was adopted for said and WHEREAS, Bethesda Memorial Hospital, as owner of the property more ~articularly described hereinafter, has heretofore filed a Petition, through their agent, tames Gentile/Kilday and Associates, Inc., pursuant to Section 9 of Appendix A- of the Code of Ordinances, City of Boynton Beach, Florida, for the purpose rezoning a certain tract of land consisting of 10.37 acres, said land being more mxticularly described hereinafter, from PUD (Planned Unit Development) district to (Public Usage); and WHEREAS, the City Commission deems it in the best interests of the fitants of said City to amend the aforesaid Revised Zoning Map as hereinafter forth. NOW, THEREFORE, BE IT ORDAINED BY TIlE CITY :\CA\Ordinances\Planning\Rezoning - Bethesda - 10.37 acres.doc COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1: The following described land, located in the City of Boynton Beach, Florida as set forth as follows: Plat of B.M.H. property, according to the plat thereof as recorded in Plat Book 49, pages 43 and 44 of the Public Records of Palm Beach County, Florida Containing approximately 10.37 acres of land. and the same is hereby rezoned from PUD (Planned Unit Development) to PU (Public A location map is attached hereto as Exhibit "A" and made a part of this by reference. That the aforesaid Revised Zoning Map of the City shall be amended Section 2: ;ly. Section 3: ~ealed. Section 4: All ordinances or pans of ordinances in conflict herewith are hereby Should any section or provision of this Ordinance or any portion ~f be declared by a court of competent jurisdiction to be invalid, such decision shall affect the remainder of this Ordinance. Section 5: This ordinance shall become effective immediately upon passage. READING this ~ day of ,..~:rr~.~,g~, , 2002. :\CA\Ordinances\Planning\Rezoning - Bethesda - 10.37 acres.doc SECOND, FINAL READING and PASSAGE this ~ day of ,2002. CITY OF BOYNTON BEACH, FLORIDA Mawr Vice Mayor Commissioner Commissioner ATTEST: Commissioner City Clerk (Corporate Seal) : \CA\Ordinances\Planning\Rezoning - Bethesda - 10.37 acres .doc Location Map Exhibit A __AREA"B" PU C DE¥-ELOPMENT DEPARTMENT )IEMOR_X.XDUM NO. PZ 02-143 TO: FROM: THROUGH: DATE: Project/Applicant: Agent: Owner: Location: File No: Property. Description: Proposed change/use: Adjacent North: South: East: West: Chairman and Members Planning a~o~m, enr Board Dick Huds!ua', Senior Planner Michael W. Rumpf Director of Planning and Zoning July !5, 2002 PRO.FECT DESCRIPTION Bethesda Memorial Hospital Jamie Gentile/Kilday and Associates. [nc Bethesda Memorial Hospital South side of SW 23:~ Avenue (Golf Road) between South Seacrest Boulevard and interstate 95 (Exhibit A). Rezoning (REZN 02-005) Developed property, consisting of :10.37 acres occupied by park/ng and other uses ancillary to the main hospital facilities, classified Public & Private Governmental/institutional (PPG1) and zoned Planned Unit Development (PUD). To rezone the subject property, from Planned Unit Development (PUD) to Public Use (PRO). No additions are proposed to the existing development on the property. Land Uses and Zoning: Right-of-way of SW 23"~ Avenue (Golf Road) then developed residential property (High Point West Condominiums) classified High Density Residential (HDR) and zoned R-3 Multi-farmly residential (10.8 dm'ac) Developed property containing the main hospital facilities and under ,,he same ownership as the subject prope,'-t2,,', classified Public & Private Govemmentab'institutional (PPGD and zoned PU Public Use. Developed single family homes (Winchester Heights) classified Low Densi~' Residential (LDR) and zoned R-l-AA Single Family Residential (5.40 dw'ac). Developed single family homes (Seacrest Hills) classified Lo~v Densiv/Residential (LDR) and zoned R-I-A.A Single Family Residential (5.40 duiac). PROJECT ANALYSIS The subject property is a portion of the Bethesda Memorial Hospital campus. Ail of this property, is classified Public & Private Governmental/[nsututional on the Future Land Use Map: however, tn t984,. Page 2 Bethesda Memorial Hospital Rezoning File Number: REZ'N 02-005 shortly atier the subject portion of the propert7 was acquired, the hospital requested and was granted the Planned Unit Development (PUD) zoning that is now on the p[oper~,'. No addiuonal development is anticipated on the property., and the rezoning will on{y serve to ensure that the zoning is consistent with the land use desig'nation and consistent with the zoning on the portion of the hospital prope~/to the south; nevertheless, staff is required to provide an analysis of the request. The criteria used to revie~v Comprehensive Plan amendments and rezonings are listed in Article 2. Section 9. Administration and Enforcement, l'tem C. Comprehensive Plan Amen&nents: Rezonings. These cnter/a are required to be part of staff analysis of ail applications tbr land use amendments and rezonings. ~Vhether the proposed rezoning would be consistent with applicable comprehensive platy policies including but not limited to, a prohibition against any increase in dwelling unit density exceeding 50 in the hurricane evacuation zone without written approval of the Palm Beach County Emergency Planning Division and the Ci~. 's risk manager. 77m planning department shall also recommend limitations or requirements, which would have to be imposed on subsequent development of the property, in order to comply with policies contained in the comprehensive plan. Policy 1.16. l in the Future Land Use Element provides a definition of the Public and Private Governmental/£nstitutional land use category., stating that the categou "shall include all PU Public Osage zoning districts." The policy also lists the uses generally allo~ved, including: "institutions and quasi-public uses; hospitals, nursing homes, and other health-care services or agencies..." The use of the property for activities ancillary to the hospital is consistent with the cited policy. b. Whether the proposed rezoning would be contra~ to the established land use pattern, or would create an isolated district unrelated to adjacent attd nearby districts, or would constitttte a grant of special privilege to an individual proper~ owner as contrasted with the protection of the public we,'are. The proposed rezoning would not create an isolated dis~ct, but would relate to the adjacent lands to the south under the same ownership. c. Whether changed or changing conditions make the proposed rezoning desirable. No changes have occurred that would make the rezoning either less or more desirable. d. Whether the proposed use would be compatible with utility systems, roadways, and other public facilities. Since no additional development on the subject property' is anticipated at this time, there wiI1 be no additional impacts to the utility, systems, roadxvays and other public thcilities. Should any additional development be proposed ~br the prope:'ry, concurrency issues would be considered at that time. e. g'Ttether the proposed rezoning would be compatible with the current and fittttre use or' atO'acent and nearby properties, or would affect the propers.' values of adjacent or nearby properties. The rezoning of the property will neither enhance nor decrease the compatibility, bet~veen current use or~ the prope,,'ty and the use of adjacent properties. Should any additional development be proposed for the oroperty, compatibility, issues would be considered at that time. Page 3 Bethesda Memorial Hospital Rezoning File Number: REZ'N 02-005 f. fFhether the property ix pltysical[)' am/, eco~tomic:2ll)' developable :ruder The property is developed under the existing zonin~ and all or' the uses present on the entire hospital campus are listed as permitted uses on this sire under the rezoning ordinance, adopted in [98-1. (Exhibit 13). g. ~7tether the proposed rezottin~ i~' r)f'~z ;c::ie ;vhich is reasomzblv reiaced ro the needs oFrhe neighborhood and the city as a whale. Bethesda Memorial Hospital is an important asset co both the City' of Bo,¥,'nton Beach and the entire south Palm Beach County providing much-needed health care services. The proposed rezoning is an inte~,'ral parr of the hospital propert2/; therefore, tine rezoning is or' a scale that is related to the needs of the neighborhood and the city. h. [FTtedter there are adequate sites elxe;vhere in :he ci~,'fbr the proposed t~e. itt districts where such use is already allowed. Sites elsewhere in the city could not setw'e the same use that this properzy, serves for the hospital. CONCLUSIONS~ILE COMMENDATIONS As indicated herein, this request is consistent with the intent of the Comprehensive Plan: will not create additional impacts on infrastructure that have not been anticipated in the Comprehensive Plan; will be compatible with adjacent land uses and will contr/bute to the overall economic development of the Ci~. Therefore. staff recommends that the subject request be approved. If conditions of approval are recommended by the Planning and Development Board or required by the City Commission. they wilI be included as Exhibit "C". ATTACI-~IEN'I'S ,!Ch\MAL~,SHR,DATA~,Plann~n$~HAI1.ED\Wt~PROJ'EC'T~Belhe:sda\Be~h~ Mc,'~onal Hospital R~nln$ 2002'.~taffrel~or~..~ac The structures that would be c:ns~,-'JcteC on :he for the following possiOle uses: Medical Office Building Pharmacy EKG ECG Occupational. Therapy Respiratory Therapy Mid-Wives Services Operating Rooms Recovery Rooms Commun i cat i on D i et ary Medical Records Clean Linen Storage Quality Assurance Tr aris cri pt i on Ar ~9i yes Storage Admitting Office Business Office Accounting Office Control let Data Processing Services Pur chas i ng/Stor es Social Services Medical Library Security Office Risk Management Legal Offices Personnel Offices Public Relations Volunteers Internal Auditor Bethesda Memorial Hospital Auxiiiar:/ Hospital Association Meeting Rooms Audi tot ium · Me. fiat Fun'd Of fi ce Medi ca l Staff Of fi ce Hospital Administrative Offices Prenatal Education Family Planning Service Obstetrical {pre and post partum) Clinic Nutritional Consultation Well Baby Clinic Child/Hospital Awareness Servi ces Ambulatory Surgery Unit Exhibit Anatomic and Clini~l Cardiology Cardiology Diagnostics Denta! Diagnostic Radiology Endo$ copy Gastr oentero, logy Gynecology Neurology Noninvasive Angiography Nuclear Medicine Opthalmo ?ogy Orthopedi c Otor hynol aryn go logy Pulmonary Medicine Rehabilitation Medicine Rheumatology Urology . Nephro]ogy CT Scanning. Radi'at ion Therapy Oncology Surgery Chemotherapy Speech Pathology - Audiology Living Education - Nutrition - Obesity - Post Hospital Discharge Education - Smoking Physical Therapy Service - Oncologic - Cardiac - Orthopedi c .- Burns - Neurologl c - Other Acute Gerontology Adult Day Care Home Health Care- Child Day Care Gerontologi c'Techni ctan Training -Hospice Servi ce Bereavement Servi ce Invasi ye Cardi ac. Angtography Complex Neurology Problem Service Spectalized Ophthan~ology End Stage Renal Disease Ele ctronmi cros copy APPENDIX TO EXHIBIT Page'2 Infectious Disease Burn Care Continuing Medical Education for Medical Staff Community Health Education - Nutrition' - Obesity - Cardiopulmonary Resuscitation (CPR) - Wellness e.g. smoking cessation - Psychosomatic Pain - Prenatal Care - Child/Hospital Awareness Technical Medical Education {for Lay Staff) - Technical Procedure Training e.g. CPR - Patient Transportation Procedures - Interpersonal Relations - Formal Training for Labor Shortage Specialties - Nursing - Laboratory - Radiology Physician Need Assessment and Attraction Service Physi ~an/Patient Referral Service Hospital Long-Range Planning Establish Linkages to Community Groups - Governmental Bodies. - Local Organizations Public Relat'ions Service - Maintenance of Press Relations - Speakers Bureau - Patient Opinion Polling - Public Opinion Po)ling - Internal Hospital Publications & Media - External to HOspital Publication & Media Volunteer Service - Hospital. Activities Participation - Fund Raising AcClvities - Community Group Liaison Ministerial Relations Coordination' APPENDIX TO EXHIBIT Page 3 Location Map Exhibit A PU C SE 27TH ,..,T i Requested City Commission Meeting Dates [] August 6, 2002 [] August 20, 2002 [] September 3, 2002 [] September 17, 2002 XlI, - LEGAL ITEM A.2 CITY OF BOYNTON BEAC AGENDA ITEM REQUEST FOlo/1 Date Final Form Must be Turned in to City Clerk's Office July 17, 2002 (5:00 p.m.) August 5, 2002 (Noon) August 19, 2002 (Noon) September 3, 2002 (8:00 a.m.) Requested City Commission Meeting Dates [] October 1, 2002 [] October 15, 2002 [] November 6, 2002 [] November 19, 2002 Date Final Form Must be Turned in to CiW Clerk's Office September 16, 2002 (Noon) September 30, 2002 (Noon) October 14, 2002 (Noon) November 5, 2002 (Noon) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Please place this request on the September 17, 2002 City Commission Agenda under Legal, Ordinance - Second Reading. The City Commission with a unanimous vote recommended that the subject request be approved. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 02-163. EXPLANATION: PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: The Residences ~ Marina Village (REZN 02-005) Bruce Jarvis, the Bruce Group, Inc. AERC of Virginia Inc. 743 NE 1st Avenue Request to rezone the 6.93-acre Marina property fi.om Central Business District (CBD) to Mixed Use-High Intensity (MU-H) to allow for the planned Mixed-Use Marina Project. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A Development D~par~ment Dir~;~etor Planning and Zon~g/Director Manager's Signature ~//me~t'?/Finance/Human Resources S:~Planning~SHARED\WP~PROJECTS~&a, RINA~REZN 02-005La, genda Item Request Residence @ Marina Village REZN 2nd reading 02-005 9-17-02.dot S:~BULLETIN~ORMS~AGENDA ITEM REQUEST FORM.DOC ORDINANCE NO. 02- O~' I AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, REGARDING THE APPLICATION OF aERC OF VIRGINIA, INC.; AMENDING ORDINANCE 91-70 OF SAID CITY BY KEZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM CBD (CENTRAL BUSINESS DISTRICT) TO MU-H (MIXED USE HIGH INTENSITY); PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Boynton Beach, Florida has adopted Ordinance No. 91-70, in which a Revised Zoning Map was adopted for said City; and WHEREAS, AERC of Virginia, Inc., as owner of the property more particularly described hereinafter, has heretofore filed a Petition, through their agent, Bruce Jarvis/The Brace Group, pursuant to Section 9 of Appendix A-Zoning, of the Code of Ordinances, City of Boynton Beach, Florida, for the purpose of rezoning a certain tract of land consisting of + 6.93 acres, said land being more particularly described hereinafter, from CBD (Central Business District) to MU-H (Mixed Use High Intensity); and WHEREAS, the City Commission deems it in the best interests of the ,itants of said City to amend the aforesaid Revised Zoning Map as hereinafter NOW, THEREFORE, BE IT ORDAINED BY THE CITY ~MMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1' The following described land, located in the City of Boynton Florida as set forfla as follows: ~:\CA\Ordinances\Planning\aezoning - The Residences at Marina Village 082302.doc SEE EXHIBIT "A' ATTACHED HERETO. )e and the same is hereby rezoned from CBD (Central Business District) to MU-H (Mixed Jse High Intensity). A location map is attached hereto as Exhibit "B" z ' made a part of his Ordinance by reference. Section 2: That the aforesaid Revised Zoning Map of the City shall be amended tccordingly. Section 3: All ordinances or parts of ordinances in conflict herewith are hereby 'epealed. Section 4: Should any section or provision of this Ordinance or any portion hereof be declared by a court of competent jurisdiction to be invalid, such decision shall tot affect the remainder of this Ordinance. Section 5: This ordinance shall become effective immediately upon passage. FIRST READING this ._~ day of $ ,~:,rm~m~_.R , 2002. SECOND, FINAL READING and PASSAGE this ~ day of ,2002. CITY OF BOYNTON BEACH, FLOR/DA Mayor Vice Mayor Commissioner Commissioner ATTEST: Commissioner City Clerk S:\CA\Ordinances\Planning\Rezoning - The Residences a~ Marina Village 082302.doc PARCEL 1: LOT~J ,~7 AND 38, DEWEY'S SUBDIVISION. ACCORDING TO THE PLAT THEREOF ON FILE IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT IN AND FOR PALM BEACH COUNT'S, FLORIDA RECORDED IN PI..A T BOOK 1, PAC,~ .3~, SAID LANDS SITUATE. L }'lNG AND BEING IN PALM ~ACH COUN7~, FLORIDA. I.~ THERETROM THE RIGHT-OF-WAY OF' CASA LOMA BOULEVARD AND LESS THE RIGHT-OF-WAY OF ORANGE C, RO~,~ AVENUE PARCEL 2: THE EAST ONE-HALF (ELI2) OF' LOT 39 AND THE 'EAST ONE-HALF ~EI,/2) OF LOT OE'~S SUBDIVISION, ACCORDING TO THE PLAT THF_.REOF' ON FILE IN THE OF'FICE OF THE ~ OF THE CIRCUIT COURT IN AND FOR PALM BEACH COUNT~, FLORIDA RECORDED IN ~ur eoo~ ,. ~CE ~. ~,o ~vos SI~A~'. .,NO AND ee~G ,N ~,~ BEACH COUN~ czss THE sOUTH Jo mr OF uto cdr .2. As svomv ~N Om eoo~ J.,. ~,ac.z ,Be. OF ~ ~u¢ REcORDs OF ~,~, BE~CH C~N~ FLOR,DA Location Map Marina ii : RE, C3 ICWW, 17~0 Fe~t TO: FROM: THROUGH: DATE: Project/Applicant: Agent: Owner: Location: File No: DEVELOPMENT DEPARTMENT PLANNING & ZONING DIVISION MEMORANDL~I NO. PZ 02-163 Chairman and Members Community Redevelopment Agency Board Dick Hud~, Senior Planner Michael W. Rumpf Director of Planning and Zoning August 6, 2002 PROJECT DESCRIPTION Marina Village Rezoning/AERC of Virginia, Inc. Bruce Iarvis/The Bruce Group AERC of Virginia, Inc. 743 NE 1s~ Ave. Rezoning (REZN 02-005) Proposed change/use: Adjacent North: South: East: West: Property Description: Vacant property consisting of ___6.93 acres, classified Mixed Use (MX) and zoned CBD Central Business District To rezone the subject property from CBD Central Business District to MU-H Mixed Use High Intensity in order to develop a mixed-use project consisting of multi-family residential, commercial, marina uses, and a multi-story parking structure. Land Uses and Zoning: City-owned and leased property designated Mixed Use (MX) land use and zoned CBD Central Business District. To the northeast, the property containing mangroves has a Conservation overlay; and to the northwest is a city lift station and city park. To the southeast is the right-of way of Marina Drive (formerly Casa Loma Boulevard), then developed commercial property designated Mixed Use (NIX) land use and zoned CBD Central Business District. To the southwest is Ocean Avenue then the Ocean Plaza commercial property also designated Mixed Use (MX) land use and zoned CBD Central Business District The Intracoastal Waterway Developed commercial property (First Financial Plaza) designated Mixed Use (MX) land use and zoned CBD Central Business District Page 2 File Number: REZN 02-005 Marina Village PROJECT ANALYSIS The criteria used to review Comprehensive Plan amendments and rezonings are listed in Art/cie 2, Section 9, Administration and Enforcement, Item C. Comprehensive Plan Amen&nents: Rezonings. These criteria are required to be part of a staff analysis when the proposed change includes an amendment to the Comprehensive Plan Future Land Use Map. ~t,7~ether the proposed rezoning would be consistent with applicable comprehensive plan policies including but not limited to, a prohibition against any' increase in dwelling unit density exceeding 50 in the hurricane evacuation zone without written approval o./'the Palm Beach County Emergency Planning Division and the Cit.;, %' risk manager. The planning depart~nent shall also recotnmend limitations or requirements, ~vhich would have to be imposed on subsequent development of the property, in order to cotnply with policies contained in the comprehensive plan. The proposed rezoning is consistent with the applicable Comprehensive Plan policies and directions. The requested zoning is consistent with the land use designation; however, the MU-H Mixed Use/High- Intensity zoning district provides the owner greater flexibility for development than do the CBD Central Business District regulations. In addition, both of the Mixed Use zoning districts were adopted in response to directions in the "Federal Highway Corridor Community Redevelopment Plan" and are consistent with the recommendations of that study. Whether the proposed rezoning would be contrary to the established land use pattern, or would create an isolated district unrelated to adjacent and nearby districts, or would constitute a grant of special privilege to an individual property owner as contrasted with the protection of the public welfare. The proposed rezoning would not be contrary to the established land use pattern or unrelated to adjacent and nearby development. c. Whether changed or changing conditions make the proposed rezoning desirable. The addition of the two mixed use zoning districts, Mixed Use/Low-Intensity and Mixed Use/l-Iigh- Intensity have provided greater options for development and redevelopment in the downtown area, including additional density, building height, and setback requirements. Furthermore, this rezoning and the resulting development would move the city a step closer to realization of its expressed vision of an urban downtown environment. d. Whether the proposed use would be compatible with utility systems, roadways, and other public facilities. Impacts of the development on roadways, the city's utility systems and other public facilities either have been addressed as the project has moved through the development review process, or are required to be addressed prior to permitting. Whether the proposed rezoning would be compatible with the current and fim~re use of adjacent and nearby properties, or would affect the property values of adjacent or nearby properties. The proposed rezoning will be compatible with other existing development in the downtown. It is anticipated that the positive effect the development of this property will have on the downtown Page 3 File Number: REZN 02-005 Manna Village environment will encourage other property owners to take advantage of the development options offered by the Mixed Use zoning districts. f. Whether the property is physically and economically developable under the existing zoning. Under the existing zoning, the property is physically developable; however, it ~vould not contribute as much to the development of a pedestrian-friendly urban downto~vn, as it will when developed under the regulations of the Mixed Use, High Intensity district. Whether the proposed rezoning is of a scale which is reasonably related to the needs of the neighborhood and the ci~. as a whole. The proposed rezoning is seen as the keystone to the redevelopment of the city's downtown. As such, the scale is reasonably related to the needs of the downtown neighborhood and the city as a whole. It is important that a resident population will be drawn to the downtown, not only as a place offenng a range of housing, but also providing opportunities for shopping, entertainment and employment. h. Whether there are adequate sites elsewhere in the city for the proposed use, in districts where such use is already allowed. There are no other areas in the city where the Mixed Use/High Intensity zoning district can be applied, except in the immediate vicinity of the subject property. Because of the limited supply of vacant propeR/ with Intracoastal Waterway frontage, this is the only property proximate to the do~vntown where a marina project of this type can be built. CONCLUSIONS/RECOMMENDATIONS As indicated herein, this request is consistent with the intent of the Comprehensive Plan as well as directions in the Federal Highway Corridor Community Redevelopment Plan; will not create additional impacts on infraslructure that have not been anticipated in the Comprehensive Plan; will be compatible with adjacent land uses and will contribute to the overall economic development of the City. Therefore, staff recommends that the subject request be approved. If conditions of approval are recommended by the Community Redevelopment Agency Board or required by the City Commission, they will be included as Exhibit "B". ATTACHMENTS J 'SHRDATA\PlanningSSNARED\W'P~PROJ'ECTS',MARINA~.EZN 02..O0.~STAFF REPORT doc Location Map Marina , I ~ rn i'C3 CB;D- Ill O'~ R3__ 800 ICWW, 1700 Feet CITY OF BOYNTON BEACH AGENDA ZTEM COVER SHEET AND CHECKLZST This completed cover sheet must accompany all agenda item requests. Please place check marks in the boxes as indicated. Initiating department must prepare Agenda Item Request Form. Submit original agenda request (with back up) and one COl~V of aoenda request ('with back up) to the City Clerk's office. Items must be submitted by the deadlines indicated below. Incomplete or late items will be returned to originating department. Reque~ed City Commission Meeting Clerk's Office Dates [~August 20, 2002 August 5, 2002 ([noon) []]September 3, 2002 []]September :[7, 2002 [~]October 1, 2002 / September :[6, 2002 {noon) [~]October :[5, 2002 September 30, 2002 {noon) ~--]November 6~ 2002 October 14, 2002 {noon) *Due to holiday on September 2"* Deadline for SubmiL~tal to City August 19, 2002 (noon) *September 3, 2002 (]8:00 a.m.) P & D/CRA Requests Deadline August 14~ 2002 (3:00 p.m.) - CRA August 28, 2002 (3:00 p.m.) - P &. D September :[1, 2002 {3:00 p.m.) - CRA September 25, 2002 {3:00 p.m.) - P & D October 9, 2002 {3:00 p.m.) - CRA October 23~ 2002 {3:00 p.m.) - P & D uepa, u.enr, s are responsible for securing the following signatures on attached Agenda Request Form: Depadcment Head Wilfred Hawkins (for depa,bnents under Administrative Services) .. Finance Department (for items that involve expenditure of funds) r-~ All back up material is attached [] All exhibits are attached & marked (e.g., Exhibit "A") Department Head's initials: The Residences @ Marina Village (REZN 02-005) Please do not write in the shaded area below. Legal Department signature [] ITEM RETURNED FOR THE FOLLOWING REASON(S): Signature(s) missing Incomplete submittal Missed deadline Other Reason: City Manager's signature Person contacted to pick up rejected request by bg - 7/19/02 S:\PIanning\Planning Templates~GENDA I'rEM COVER SHEET CHECKLiST.doc on (Date)