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Agenda 10-21-03 CITY OF BO YNTON BEA CH REGULAR CITY COMMISSION MEETING AGENDA October :21, :2003 6:30 P.M. 'OPENINGS: A. Call to Order - Mayor Gerald Broening B. Invocation - Dr. Solomon Rothstein, 2nd Police Chaplain C. Pledge of Allegiance to the Flag led by Mayor Broening D. IF YOU WISH TO ADDRESS THE COMMTS.'~ZQN: · F'rLL OUT THE APPROPRZATE RE(~UEST FORM · GZVE IT TO THE CZTY CLERK (ON THE DAZS) BEFORE THE "OPENZNGS" PORTZON OF THE AGENDA HAS BEEN COMPLETED · COME TO THE PODIUIq WHEN THE MAYOR CALLS YOUR NAME INDIVIDUALS MAY SPEAK FOR THREE UNTNTERRUPTED MINUTES. E. Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption ZZ, OTHER: A. Informational Items by Members of the City Commission IlL ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS, & PRESENTATIONS: A. Announcements: 1. General Election- Tuesday, November 4, 2003 2. First Regular City Commission Meeting in November - Wednesday, November 5, 2003 3. Candidates Forum, demonstration of the voting machines and informational presentation regarding the General Obligation Bond issue - Wednesday, October 22, 2003, 7:00 p.m. at St. John Missionary Baptist Church B. Community and Special Events: Agenda Regular City Commission Meeting Boynton Beach, Florida October 21, 2003 C. Presentations: 1. Proclamations: None 2. Presentation by Mayor and Golf Director of plaque to George Barrett, celebrating his 24 years of service on the City's Golf Course Advisory Committee 1¥. ADMZN]:STRA'I'ZVE: A. Accept resignation of Patti Hammer, Regular Member of the Code Compliance Board B. Appointments to be made: Appointment Length of Term To Be Made Board Expiration Date III Ferguson Advisory Bd on Children & Youth Alt 1 yr term to 4/04 IV McKoy Advisory Bd on Children & Youth Stu/NonVoting 1 yr term to 4/04 I Weiland Bldg. Bd of Adj & Appeals Alt 1 yr term to 4/04 Tabled (2) McCray Cemetery Board Reg 3 yr term to 4/04 Tabled (2) III Ferguson Code Compliance Board Reg 3 yr term to 4/05 ! Weiland Community Relations Board Reg 3 yr term to 4/05 1!! Ferguson Education Advisory Board Stu 1 yr term to 4/04 II McCray Library Board Alt 1 yr term to 4/04 Tabled (3) Mayor Broening Nuisance Abatement Board Reg 2 yr term to 4/05 ! Weiland Nuisance Abatement Board Reg 2 yr term to 4/05 !! McCray Nuisance Abatement Board Reg 2 yr term to 4/05 ! Weiland Recreation 8, Parks Board Alt I yr term to 4/04 Tabled (2) V. 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. Agenda Regular City Commission MeeUng Boynton Beach, Florida October 21, 2003 A. Minutes: 1. Agenda Preview Conference of October 2, 2003 2. Regular City Commission Meeting of October 7, 2003 B. Bids and Purchase Contracts - Recommend Approval - All expenditures are approved in the 2003-2004 Adopted Budget 1. Award the "ANNUAL SUPPLY OF POLYPHOSPAHTE TYPE CORROSION INHIBITORS," Bid #072-2821-03/.1A, to Sweetwater Technologies of Columbia, Tennessee, for an estimated annual expenditure of $37,000 2. Award the "ANNUAL BID FOR DUMPSTER REPAIRS," Bid #088-2510- 03/.lA, to Lamons Welding and Design of Boynton Beach, Florida, for an estimated annual expenditure of $60,000 3. "Piggy-back" existing governmental entity contracts with Minolta Corporation and Ikon Office Solutions for three-year digital copier leases estimated at an annual cost of $67,414.44 4. Approve the five-year lease of a Xerox DocuPrint 92C Laser Printer from Xerox Corporation, utilizing the Putnam County Contract 97-02, at a monthly rate of $5,428.$7 (printer is primarily used for printing utility bills and a variety of documents for other City departments) 5. Award Bid #055-2824-03/C.1D, TWENTY OUTFALL STRUCTURES STORMWATER IMPORVEMENTS, to Marine Engineering Contractors, l]nc. and execute a contract in the amount of $574,040 and approve an owner's contingency of 10% in the amount of $57,404, for a total project budget appropriation of $631,,H4 (Propo.~:,d Resolution No, RO3- 169) 6. Award the "RE-KEYING VARIOUS CITY FACILITIES," Bid #078-2511- 03/C3D to CK's LOCKSHOP AND SECURITY of Boynton Beach, Florida, in the amount of $q4,724. This will enhance City security by re-keying 690 doors with a common key system. The budget amount for this project was $102,570, yielding a budget cost savings of $57,846 C. Resolutions: 1. Proposed Resolution No. R03-170 Re: Agreement between the City of Boynton Beach and the Florida Department of Transportation to fund all costs of hiring one new DUI Enforcement Specialist and one new Police Vehicle and related costs 2. P~oposed Resolution No. R03-171 Re: Agreement between the City of Boynton Beach and the Florida Department of Transportation 3 Agenda Regular City Commission Meeting Boynton Beach, Florida October 21, 2003 to fund the purchase of a police vehicle to assist the State's Aggressive Driver Program 3. Proposed Resolution No. R03-172 Re: Agreement for Water Service Outside the City Limits with Akram Basra as owner of a 0.79-acre parcel of land located at the intersection of ,]avert Road and Old Boynton Road 4. Proposed Resolution No. R03-173 Re: Agreements between the City of Boynton Beach and the Area Agency on Aging Palm Beach Treasure Coast, ]:nc. and the State of Florida Department of Health, which will allow our Fire Rescue Department to become participants in a Palm Beach County health initiative titled "Senior ]:mmunization Project 2003" 5. Proposed Resolution No. R03-174 Re: Agreement between the City of Boynton Beach and Palm Beach County for the Good Shepherd Summer Camp Program held at Forest Park Elementary School (County will expend $1,200 in support of the Camp held during the summer of 2003 6. Proposed Resolution No. R03-175 Re: Agreement for Water Service Outside the City Limits with Maria E. Barrera for the property at 1049 Highview Road, Lantana, Florida (Lot 212, Ridge Grove Addition No. 1) 7. Proposed Resolution No. R03-176 Re: Accepting the Department of Community Affairs Local Mitigation Grant award for the installation of permanent hurricane window screens over selected second story windows at City Hall 8. Proposed Resolution No. R03-177 Re: Approving a revised Recreation & Parks Department Revenue Policy Manual and Fee Schedule D. Ratification of Planning & Development Board Action: None E. Ratification of CRA Action: 1. Gateway Texaco (ZNCV 03-010 thru 03-012), 2360 North Federal Highway - Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 11, Supplemental Regulations L.3.d.(1) requiring parking lot driveways to be located 120 feet from the intersection of the right-of-way lines along streets of higher classification to allow a 97-foot variance, resulting in a distance of 23 feet, and to allow an 88-foot variance for a second driveway, resulting in 4 Agenda Regular City Commission Meeting Boynton Beach, Florida October 21, 2003 a distance of 32 feet from the intersection of Federal Highway and Las Palmas Avenue for an existing gas station business; and Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 11, Supplemental Regulations L.3.d.(3) requiring that driveways shall not be located less than 30 feet from any interior property line to allow a 10-foot variance, resulting in a distance of 20 feet for an existing gas station business; and Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section ll, Supplemental Regulations, L.3.d.(4) requiring that driveways will be limited to I per street frontage to allow 2 driveways along the street frontage for an existing gas station business 2. Gateway Texaco (ZNCV O3-O13), 2360 North Federal Highway - Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 11, Supplemental Regulations L.3.e.(3) requiring a 20-foot rear setback to allow a 10-foot variance, resulting in a rear setback of 10 feet for an addition to an existing gas station 3. Gateway Texaco (ZNCV O3-014 and 03-015), 2360 North Federal Highway - Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 11, Supplemental Regulations L.3oe.(a) requiring that no canopy shall be located less than 20 feet from any property line to allow a 10.5-foot variance, resulting in a distance of 9.5 feet for an existing canopy for a gas station business; and Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 11, Supplemental Regulations L.3.e.(b) requiring that no gasoline pump island shall be located less than 30 feet from any property line to allow a 10.2-foot variance, resulting in a distance of 19.8 feet for an existing gasoline pump island for a gas station business 4. Gateway Texaco (ZNCV O3-016 and 03-017), 2360 North Federal Highway - Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 11, Supplemental Regulations L.3.f.(1) requiring a 10 foot wide landscape buffer along the street frontage and to include 1 tree 10 to 15 feet in height with a minimum 3-inch caliper every 40 feet, a continuous hedge 24 inches high, 24 inches on center at time of planting with flowering groundcover to allow a variance of 10 feet, resulting in a 0 landscape buffer along the street frontage for an existing gas station building; and Agenda Regular City Commission Meeting Boynton Beach, Florida October 21, 2003 Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 11, Supplemental regulations L.3.f.(2)(a) requiring a 10 foot wide landscape buffer on all interior property lines to allow a variance of 5 feet, resulting in a 5 foot buffer for an existing gas station business 5. Gateway Texaco (ZNCV O3-O23), 2360 North Federal Highway - Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 21, Signs, Article T[1:. Section 5 requiring that all signs must meet a minimum 10 foot setback from the property line to the closest surface of the sign to allow a 5 foot variance from the property line, resulting in a 5 foot setback for an existing gas station business 6. Marouf's Car Wash (NWSP O3-Oll), 2360 North Federal Highway - Request for new site plan approval for a 1,311 square foot car wash on a 0.22-acre parcel in a C-3 zoning district 7. Sunbelt Hydraulics ($PTE 03-003), Lot 9, West ]:ndustrial Avenue - Request for a i year site plan time extension for a l-story, 12,480 square foot industrial building with related parking for a business that services truck bodies on a 1.44-acre parcel in the M-1 zoning district F. Authorize payment to Villa & Son in the amount of $10,760 for Boynton Terrace Neighborhood Landscaping G. Release of a cash bond of $27,470 to DenBesten & Bokhoven, LTD for the project known as Vermeer Southeast Sales and Service, ]:nc. H. Accept the written report to Commission of purchases over $10,000 for the months of August and September 2003 for informational purposes Approve amendments to conditions #40 and #41 of the Development Order for the Arches mixed-use project (NWSP 03-002) approved by the City Commission on `1une 3, 2003 .1. Authorize the following payments that exceed the $10,000 threshold outlined in the Financial Procedures Manual: Queues Enforth Development, ]:nc. in the amount of $39,354 for software maintenance agreement for Police records; and Motorola, ]:nc. in the amount of $18,556.44 for Communications Center equipment service contract K. Approve summary change order for Intracoastal Park project to DiPompeo Construction Corporation in the amount of $135,065.53, thus making the final contract cost not to exceed $2,044,065,53, which is below the project budget amount of $2,060,000. This change order yields a 7.1% increase to the project cost, which is less than a standard contingency of 10% that is normally used for City capital projects. Thus, the cost savings on this project, compared to a standard 10% contingency, is 2.9% or $74,451. 6 Agenda Regular City Commission Meeting Boynton Beach, Florida October 21, 2003 VZ. CODE COMPLZANCE & LEGAL SETTLEMENTS: None PUBLZC AUDtENCE: ZNDZVZDUAL SPEAKERS W:[LL BE LZMI'FED TO 3-M]:NUTE PRESENTAT]:ONS VZZT. PUBLZC HEARZNG: 7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMZTS A. Project LA. Fitness (ABAN 03-010) (Applicant request~ postponement until Agent: Derek Vander Ploeg, Vander Ploeg & Associates, Inc. Owner: RM Boynton Shoppes Regal, LLC and RM Boynton Shoppes, LLC Location: 2290 and 2298 N. Congress Avenue Description: Request for abandonment of a public utility easement B. Project: Gateway Texaco (COUS 03-007) Agent: Beril Kruger, Planning & Zoning Consultants Owner: SUAU Enterprises Location: 2360 North Federal Highway Description: Request for conditional use/major site plan modification approval for a 681 square foot addition to an existing gas station/convenience store on a 0.48-acre parcel in a C-3 zoning district IX. cTrY MANAGER'S REPORT: A. Discussion of Marina Development Agreement (Tab/ed on $/20/03) X. FUTURE AGENDA I'I'EMS: A. Proposed Ordinance regarding granting to Florida Power & Light Company an electric franchise agreement for the period of thirty years from the date of acceptance B. Proposed modification to the Land Development Regulations regarding rear yard setbacks C. Follow-up Meeting with CRA on Development Issues (November 2003) D. Workshop regarding City Hall/Public Safety Space Needs Report (November 18, 2003) E. High School Task Force Report (December 2, 2003) 7 Agenda Regular City Commission MeeUng Boynton Beach, Florida October 21, 2003 F. Workshop Regarding Cemetery Options and Proposal by Cemetery Board to Expand Cemetery West into Little League Park (December 2003) G. Proposed Lease Agreement with Boynton Woman's Club (TBA) H. Proposed Resolution regarding approval of Community Development Block Grant (CDBG) Sub-Grantee Agreement with Juvenile Transition Center, Tnc. of Boynton Beach in the amount of $7,500 I. Discussion regarding proposed off-premise sign at Texaco Station (Tab/ed on $/$/05) XZ. NEW BUSZNESS: None XII, LEGAL: A. Ordinances - 2nd Reading - PUBLIC HEARING 1. Proposed Ordinance No. 03-055 Re: Authorizing the abandonment of a portion of the road right of way for N,W. 3rd Court (First Baptist Church) 2. Proposed Ordinance No. 03-056 Re: Authorizing the abandonment of a 15-foot wide utility easement (The Harbors) B. Ordinances - 1~ Reading 1. Proposed Ordinance No. 03-057 Re: Amending Chapter 14 Motor Vehicles and Traffic, Sec. 14-5 to include "Storage," creating new subsections (4) and (5), and providing for the prohibition of parking or storage of vehicles in the public right-of-way or within five feet of the public right-of-way 2. Proposed Ordinance No. 03-058 Re: Establishing a limited Early Retirement Incentive Program C. Resolutions: None D. Other: None XIII. UNFINISHED BUSINESS: 8 Agenda Regular City Commission MeeUng Boynton Beach, Florida October 21, 2003 None X['V. AD3OURNIqENT: NOTICE IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MAT~'ER CONSIDERED AT THIS MEETING~ HE/SHE WILL NEED A RECORD OF THE PROCEEDINGS ANDt POR SUCH PURPOSEt HE/SHE MAY NEED TO ENSUP, E 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 [NDI~/IDUAL WITH A DISABILITY AN EQUAL OPPORTUNITY TO PARTICIPATE IN AND EN.]OY THE BENEFITS OF A SERVICE~ PROGRAM~ OR ACTIVITY CONDUC I ~-I.~ BY THE CITY. PLEASE CONTACT JOYCE COSTELLO, (56~[) 742-6013 AT LEAS'I' TWENTY-FOUR HOURS PRIOR TO THE PROGRAM OR ACTIVITY IN ORDER FOR THE CITY TO REASONABLY ACCOMMODATE YOUR REQUEST. bg FINAL AGENDA:I.0/20/2003 5:29 PM S:\CC\WP~CCAGENDA~,GENDAS\YF.~R 2003\102103 FINN. AGENDA.DOC 9 [ZL-ANNOUNCEM£NTS & PRESENTATIONS ~tem C.2 CITY OF BOYNTON BEACi AGENDA ITEM REQUEST Requested City Ccrnmi~ion Dat~ Final Fo~m Must b~ Tumid R~ C~ ~ ~ F~ F~ M~ ~ T~ ~ M~ ~ &~ C~ Cl~'s ~ M~ ~ ~ C~ Cl~'s ~ ~ 5, 2~3 J~y 14, 2~3 ~) ~ ~7, 2~3 ~ 15, 2~3 ~) NA~OF ~ ~~nt ~ N~~ -- AGE~A ~M ~ Ci~ Ms~'s ~ ~ ~fion .~ ~ ~ ~t Ag~ ~ ~c H~g ~ ~ ~mplian~ ~em~ ~ Unfini~ ~ RECOMMENDATION: The Mayor and the Golf Director will present a plaque to George Barrett celebrating his 24 years of service on the City's Golf Course Advisory Board. EXPLANATION: Mr. Barrett resigned from the Golf Course Advisory Board this summer due to health related concerns and this is an opportunity to recognize his service with more than a simple thank you. Two different plaques have been created; a wooden one to be presented to Mr. Barrett at the Commission meeting, and a bronze one to be mounted in the golf course clubhouse. PROGRAM IMPACT: Recognizing and celebrating citizen involvement in advisory boards is essential if we are to be able to attract talented and dedicated citizens to serve on our City Boards. FISCAL IMPACT: These plaques have been paid for by the Golf Course fund out of its "employee recognition" line item in the FY 2002-2003 budget. S:'~BUI.LETIN~O~GENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM ALTERNATIVES: Not to make the presentation to Mr. Barrett. City Mana_ger's Signature The Links at Bo_),nton Beach Department Name City Attorney / Finance / Human Resources S:~13UIj-~TIN~ORMaXAOENDA ITEM REQUEST FORM. DOC IV. ADMINISTRATIVE ITEM A. I~ATTI HAMMEI~ 52 STI~ATFOI~I) LANE ]~OYNTON ~EAfH, FL. ]~4~6 October 5, 2003 Dear Mayor Broening and Commissioners, I want to thank the commission for appointing me to the Code Compliance Board and for allowing me to serve the residents of Boynton Beach for the past four years. I find that I am unable to attend the meetings held. on Thursday afternoons due to prior commitments, so therefore I must resign from the board. I hope that I will be able to continue my relationship with the city on other boards. Very truly yours, Patti Hammer V.-CONSENT AGENDA CITY OF BOYNTON BEACI ITEM B.1. AGENDA ITEM REQUEST FO .... Requested City Commission Date Final Form Must be Tumed Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] August 5, 2003 July 14, 2003 (Noon.) [] October 7, 2003 September 15, 2003 (Noon) [] August 19, 2003 August 4, 2003 (Noon) [] October 21, 2003 October 6, 2003 (Noon) [] September 2, 2003 August 18, 2003 (Noon) [] November 5, 2003 October 20, 2003 (Noon) [] September 16, 2003 September 2, 2003 (Noon) [] November 18, 2003 November 3, 2003 (Noon) [] Administrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: A motion to award the "ANNUAL SUPPLY OF POLYPHOSPHATE TYPE CORROSION INHIBITORS", Bid # 072-2821-03/JA, to Sweetwater Technologies, of Columbia, Tennessee for an estimated annual expenditure of $37,000.00. EXPLANATION: On July 09, 2003, Procurement Services opened and tabulated six (6) bids. Due to the proprietary nature of the formulations, Utilities Department obtained assistance from our consulting engineers to evaluate the efficacy of the products bid. Based upon the bid price, and a report from our consulting engineer, Hartman & Associates, the Utilities Department recommends (see attached memo #0-154) awarding the bid to Sweetwater Technologies as the lowest responsive, responsible bidder. Since the evaluation process exceeded the ninety (90) days for a bid proposal, Procurement Services obtained extensions of time for all bid proposals. PROGRAM IMPACT: The purpose of this bid is to obtain a firm price for a one (1) year period for the "ANNUAL BID FOR POLYPHOSPATE TYPE CORROSION INHIBITORS". 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. FISCAL IMPACT: ACCOUNT ESTIMATED NUMBER: ~~,. ,~.~,. ~-35 ANNUAL EXPEI~DITU~ Deputy Director of~inancial Services City l~ana~e~s Signature Procurement Services ~~ Department Name City Attorney / Finance / Human Resources Cc: Bob Kenyon Deputy Utilities Director Dale Sugerman Assistant City Manager Barb Conboy - Utilities Manager Dave Ailstock Chief Operator Tom Fitzgerald - Chief Operator, EWTP Central File File S:XBULLETINLFORMSXAGENDA ITEM REQUEST FORM.DOC MEMORANDUM Utilities//03-154 TO: Bill Atkins OCr [1 1 2003 Procurement Services P~OCU,~.~[N-r SE~¥~CES FROM: Bob Kenyon'S:'c Deputy Utilities Director DATE: September 29, 2003 SUBJECT: Polyphosphate Type Corrosion Inhibitors Bid #072-2821-03/JA Agenda Item Bids for polyphosphate type corrosion inhibitors were received and opened on July 9, 2003. Polyphosphate compounds are used as part of the water treatment process at both of our water plants. They are used for: lead and copper control; · Prevention of scale; · prevention of corrosion and tuberculation in the distribution system and hot water heaters, and; · reduction of scaling. Due to the proprietary nature of many of the formulations, the Utilities Department obtained assistance from one of our consulting engineers to evaluate the efficacy of the products bid. Based upon the information submitted by bidders, price, and a report from our consulting engineer, Hartman & Associates, the Utilities Department recommends awarding the bid to the lowest responsive, responsible bidder, Sweetwater Technologies of Columbia, TN. The dosage price for the east water treatment plant is $6.91/million gallons of treated water, and the dosage prices for the west water treatment plant is $7.47/million gallons of treated water. The anticipated annual expenditure for polyphosphate type corrosion inhibitors is $37,000.00. Funds are available in account 401-2811-536-52-35. Please place this bid award recommendation on the next City Commission agenda for approval. Attachments cc: Dale Sugerman Barb Conboy Dave Ailstock Tom Fitzgerald BIDDER ACKNOWLEDGEMENT Submit Bids To: PROCUREMENT SERVICES 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 Telephone: (561) 742-6322 Broadcast Date: June 13, 2003 Bid Title: "ANNUAL SUPPLY OF POLYPHOSPATE TYPE CORROSION ~ITORS' Bid Number: 072-2821-03/JA Bid Received By: July 09, 2003, NO LATER THAN 2:30 P.M. (LOCAL TIME) Bids will be opened in Procurement Services unless specified otherwise. Bid receiving date and time is scheduled for: July 09, 2003, no later than 2:30 P.M. (local time) and may not be withdrawn within ninety (90) days after such date and time. All awards made as a result of this bid shall conform to applicable sections of the charter and codes of the City. Name of Vendor: c.~coce. '~-wa,e~ I-"'ecln~U~a'~e.s' Federal I.D. Number: ~ ~' A Corporation of the State of: AreaCode: ~Ob TelephoneNumber: ~qs-~,.~j4 or- q3)-540-/3~'d Area Code: Gt 71 FAX Number: Mailing Address: '-~. 0 ,"'=~ox (.J) 0o9. City/State/Zip: /4oiu~ b;a' ~,J Vendor Mailing Date: "7/~, Name Typed PAGE TO BE SUBMITTED ALONG IN ORDER FOR BID TO BE CONSIDERED COMPLETE AND ACCEPTABLE 16 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 product called for. When submitting more than one bid proposal price for this product and/or 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 product in accordance with the specifications for the sum- of: CORROSION INFIIBITOR FOR THE 6 MGD LIME SOFTENING WI'P: (Recommended dose for optimum corrosion control and sequestration = I. 3 mg dry product per~ liter, anticipated weight per million gallons of treated water = ~, 0 pounds)~ Unit Price Per Million Gallons Annual Price (Based on 6 MGD) :bas d dosac og I, 5 dh/3 CORROSION IN~ITOR FOR TFIE 8 MGD MEMBRANE SOFTENING WTP: (Recommended dom for optimum corrosion control and sequestration = i.15 gallons liquid4'~* product per million gallons, anticipated weight per million gallons of treated water =/ah_~ pounds) ~-~ Unit Price Per Million Gallons Annual Price (Based on 8 MGD) Product Brand: ~_, ~ "/b 7 ]''' THIS PAGE TO BE SUBMITTED ALONG IN ORDER FOR BID TO BE CONSIDERED COMPLETE AND ACCEPTABLE ! 7 ALL PRICES F.O.B. BOYNTON BEACH Unit price per million gallons of treated water shall be firm through the Contract Period. It is further agreed that the product will be delivered within [ calendar days from the date of the Purchase Order from the City. Number of Bid Proposals submitted [ Specification "check-off" sheets (Pages 3 -6) submitted xle ~ Yes/No Product composition sheets submitted Yes/No Product samples ~]¢ ~ Yes/No References submitted for (5) similar lime softening treatment facilities that company has done work for in the past (5) years. ~/e5 Yes/No References submitted for (5) similar membrane softening facilities that company has done work for in the past (5) years. Yes/No At least one (1) of the above references must operate a system in which lime sot~ened and membrane softened water is blended in the ,I distribution system. ~ ~ Yes/No THIS PAGE TO BE SUBMITTED ALONG IN ORDER FOR BID TO BE CONSIDERED COMPLETE AND ACCEPTABLE 18 ~'~ Sweetwater Technologies SWEETt~VA TER REFERENCES East Lime Softening Water Treatment Plant Sewerage & Water Board Lafayette Consolidated Government of New Orleans South Water Treatment Plant 625 St. Joseph Street 810 W. Broussard Rd. New Orleans, LA 70165 Lafayette, LA 70506 Manatee County Water Treatment Plant Los Angeles Dept. of Water & Power 17915 Waterline Road 13101 Sepulveda Blvd. Bradenton, FL 34212 Sylmar, CA 91342-1055 City of Wichita 1815 West Pine Wichita, KS 67203 P.O. Box 602, Columbia, Tennessee 38402 TEL: 931-540-1334 FAX: 931-540-1338 salesi~sweetwatertech.com COMPANY NAME / PRINTED NAME TELEPHONE NLrM~ER TITLE THIS PAGE TO BE SUBMITTED ALONG IN ORDER FOR BID TO BE CONSIDERED COMPLETE AND ACCEPTABLE 19 ANTI-KICKBACK AFFIDAVIT STATE OF F'-k~"~f~'nt~5¢~- ) · SS COUNTY OF PALM BEACH ) I, the undersigned hereby duly sworn, depose and say that no portion of the sum herein bid will be paid to any employees of the City of Boynton Beach as a commission, kickback, reward of gift, directly or indirectly by me or any member of my firm or by an officer of the corporation. By: $ 4ff- S i3N^ Sworn and subscribed before me this o~ ~x~ day of Printed Information: NAME TITLE NOTARY 1/I~/BLIC, Stkte of~4~ Tcnnecg-ec at Large .,v, ,~e¢ ~ Oa&er COMPANY O;'F.CiAL NOTARY SEAL" STAMP THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 20 CONFIRMATION OF MINORITY OWNED BUSINESS A requested form to be made a part of our files for future use and information. Please fill out and indicate in the appropriate spaces provided which category best describes your company. Return this form with your bid proposal sheet making it an official part of your bid response. AMERICAN INDIAN ASIAN BLACK H SPANIC WOMEN OTHER (specify) Do you possess a Certification qualifying your business as a "Minority Owned Business"? YES NO ~ If YES, name the Organization fi.om which this certification was obtained and date: Issuing Organization for Certification Date of Certification THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL 21 CONFIRMATION OF DRUG-FREE WORKPLACE IDENTICAL TIE BIDS Preference shall be given to businesses with drug-free workplace programs. Whenever two or more bids which are equal with respect to price, quality, and service are received by the City of Boynton Beach or by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed if none of the tied vendors have a drug-free workplace program. In order to have a drug-free workplace program, a business shall: 1) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2) Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drag counseling, rehabilitation, anct employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3) Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4) In the statement specified in subsection (1), notify the employee that, as a condition of working o n t he commodities o r contractual services t hat a re under b id, t he employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occumng in the workplace no later than five (5) days after such conviction. 5) Impose a sanction on, or require the satisfactory p.articipation in a drug abuse assistance or rehabilitation program if such is available in the employee's community by, any employee who is so convicted. 6) Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify t~,al~is firm com~t~ fully with the above requirements. ~,~ nffor s Signat~ TItlS PAGE TO BE SUBMITTED ALONG WITIt PROPOSAL I1N ORDER FOR PACKAGE TO BE CONSIDERJgD COMPLETE AND ACCEPTABLE 22 SPECIFICATIONS FOR. ANNUAL SUPPLY OF POLYPHOSPHATE TYPE CORROSION INHIBITORS The City of Boynton Beach Utilities Department is seeking a firm price for corrosion control chemicals to be used at the two (2) existing water treatment plants. The price of the proposed product(s) will be submitted on both a unit price basis (cost per gallon or pound) and also as a guaranteed price per million gallons of treated water. The term for this contract is for (1) year. The City has two water treatment plants. The East Plant is a lime softening plant with an average flow of six (6) million gallons per day, and the West Plant is a membrane softening plant which produces an average of eight (8) million gallons per day. Both plants feed water into a common distribution network. The City is seeking one supplier to furnish the appropriate chemicals and to provide service to maintain full corrosion control services. Please place an (x) on the blank line next to each item ifa specification is met./.f exception is taken (alternatives), bidder must explain using a separate sheet of paper. Bidder must submit specifications "check-off' sheets (Pages 3 -6) with the proposal sheet in order for a bid to be considered. For your own records, it is suggested that you make and keep a copy of the specifications. X There shall be two (2) products. One product shall be used at the lime softening plant. The other shall be for use at the membrane softening plant. The Bidder must provide a recommended product dosage for each facility for evaluation by the City. X The phosphate inhibitor for the lime softening water treatment shall be suitable for the following water quality: Parameter Finished Water pH: 8.93 Alkalinity. 53 m~/L as CaCO3 Total Hardness: 109 m~ as CaCO3 Calcium Hardness: 90 mg/L as CaC03 Ma~_esium Hardness: 19 m~/L as CaCO3 Iron: 0.02 mg/L Color: 11 Chlorine as C12: 3.5 Turbidity: 0.22 NTU 3 THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid Specifications Continued '~ The phosphate inhibitor for the membrane softened water shall be suitable for the following water quality: I Finished Water I Parameter Permeate ~ pH: 5.76 I 8.15 Alkalinity: 37 m~L as CaCO3 I 51 m~L as CaCO3 Total Hardness: 51 m~L as CaCO3 74 m~L as CaCO3 Calcium Hardness: 49 mg/L as CaCO3 72 m~L as CaCO3 Magnesium Hardness: 2.4 m~L as CaCO3 2.6 m~L as CaCO3 kon: < 0.02 mg/L < 0.02 mg/L Color: < 2 5 Chlorine as C12: 0 3.7 Turbidity: 0.05 NTU 0.08 NTU ~ It shall be the responsibility of the supplier to independently gather water samples from the water treatment plants to verify the existing water quality. ~. Dry polyphosphate shall be used at the East Lime Softening WTP and shall be shipped in 40 or 50 pound multi-walled bags with no more than 1,250 lbs. of product per pallet. ~ 'This material will be delivered to: 1620 S. Seacrest Boulevard, Boynton Beach, FL 33435. ~ The dry polyphosphate shall be delivered in containers that maintain the granular form of the bulk ~ during storage. ~. The dry polyphosphate shall dissolve completely into solution during product make- up. The dry polyphosphate shall be suitable for use as a minimum 52% solution and the required feed rate shall not exceed 6.0 gallons per hour of 52% solution. X Liquid product shall be used at the West Membrane Softening WTP and shall be shipped in 50-60 gallon drums. X Delivery Address: 5469 West Boynton Beach Boulevard, Boynton Beach, FL 33437. X' The mack d61ivering this product must be equipped with a hydraulic tailgate or other means to get the chemical safely from truck to ground level. x~/ The liquid product maximum feed rate shall not exceed 6.34 gallons per hour of product. 4 THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid ¢? .cations Continued Each product shall' control the corrosion rate at the vendors recommended dosage so as not 'to exceed corrosion rate determined with the current product by more than 10%. The corrosion rate at the recommended product dosage will be measured in mils per year in accordance with ASTM G59. The supplier shall provide a list of references for five (5) similar lime softening water treatment facilities and five (5) similar membrane softening facilities that their company is either currently doing work for or has done work for within the last five (5) years. In addition, at least one (1) of the above references must operate a system in which lime softened and membrane softened water is blended in the distribution system. Product composition sheets and samples will be submitted with the bid for inspection. Material Safety Data Sheets shall be submitted with the first order to each plant and the supplier will conduct annual training within one week of the first delivery. This. training will include proper handling, use, safety, chemical properties and water chemistry. This training will be conducted at each of the Utility Water Plants. Each and every package shall bear the name of the product and the company name, address, phone number, and a product hazard label in accordance with National Fire Protection Association. Successful bidder will submit quarterly analytical reports on four (4) water distribution samples. These samples shall be collected by the Utility in vendor furnished bottles. These reports shall include: pH, hardness, alkalinity, iron, lead, and copper. Freight/postage shall be the responsibility of the supplier. An annual corrosion coupon analysis and phosphate profile shall be performed six (6) months after first purchase order by the chemical supplier. The supplier will conduct a training session at the Utility after this testing to explain the results of this analysis and recommendations to the program. Each product shall be in compliance with the ANSFNSF Standard 60 for Direct Additives for Drinking Water and shall be acceptable for potable use in Florida by local and state regulatory agencies. 5 THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid Specifications Continued The products received by the City shall bear the NSF mark, identifying number, product trade designation and name, address and telephone number of the manufacturer or supplier. Both the manufacturer and the supplier shall be listed in the index of ANSI/NSF Standard 60 companies and shall comply with ISO 9001, 9002, or 9003 quality systems standards throughout the contract period. The scale inhibitor supplier shall supply a sufficient quantity of scale inhibitor chemical to the City's WTP's for one (1) year operation of each WTP at raw water feed rates of 6 MGD for East Lime Softening WTP and 8 MGD for the West Membrane Softening WTP. The supplier shall determine through correspondence with the City the most beneficial number of shipments to each facility. If any shipment of scale inhibitor is proven to be below the quality required by the Product Specifications, the City reserves the right to reject that shipment. The rejected material shall be removed by the vendor at the vendor's expense. ~ . The supplier shall then replace the rejected material with satisfactory material or credit the City with the full delivery price of the rejected material. Should the scale inhibitor for any reason prove unsatisfactory for the purpose intended, or should the scale inhibitor not perform in accordance with the specifications, or should there be a decline in the treatment effectiveness as defined in Rule 62-555 of the Florida Administrative Code (FAC), the City reserves the right to cancel the contract. The supplier will be required to provide technical assistance within 24-hours of notification of such need. Technical assistance can be provided either through site visits or phone conversations at the discretion of the supplier. THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE BIDDER ACKNOWLEDGEMENT Submit Bids To: PROCUREMENT SERVICES 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 Telephone: (561) 742-6322 Broadcast Date: June 12, 2003 Bid Title: "ANNUAL SUPPLY OF POLYPHOSPATE TYPE CORROSION INHIBITORS" Bid Number: 072-2821-03/JA Bid Received By: 2003, NO LATER THAN 2:30 P.M. (LOCAL TIME) Bids will be opened in Procurement Services unless specified otherwise. Bid receiving date and time is scheduled for: 2003, no later than 2:30 P.M. (local time) and may not be withdrawn within ninety (90) days after such date and time. All awards made as a result of this bid shall conform to applicable sections of the charter and codes of the City. Name of Vendor: o Federal I.D. Number: ~>o°'- {) ,~ .~ P4 5<-/ A Corporation of the State off Area Code: Area Code: O~51 FAX Number: Mailing Address: City/State/Zip: Authori~Jd Si'~nature Name Typed THIS PAGE TO BE SUBMITTED ALONG IN ORDER FOR BID TO BE CONSIDERED COMPLETE AND ACCEPTABLE 16 ,,,; · t", Sweetwater Technologies REFERENCES West Membrane Softening Water Treatment Plant Tennessee American Waterworks City of Calhoun P. O. Box 6338 P.O. Box 248 Chattanooga, TN 37401 Calhoun, GA 30701 City of Gadsden City of Pompano Beach P. O. Box 800 301 N.E. 12~ Street Gadsden, AL 35902 Pompano Beach, FL 33060 Gulf Coast Water Authority 3630 Highway 1765 Texas City, TX 17591 P.O. Box 602, Columbia, Tennessee 38402 TEL: 931-540-1334 FAX: 931-540-1338 sales~sweetwatertech.com Sweetwater Technologies COMPOSITION SHEET CP767L Zn 1.:5% - 3.0% PO4, as poly 10.0% - 20.0% CP59D Sodium Tri Polyphosphate 40 - 60% Tetra Sodium Pyrophosphate 20 - 40% Soda Ash 10 - 20% P.O. Box 602, Columbia, Tennessee 38402 TEL: 931-540-1334 FAX: 931-540-1338 sales~sweetwatertech.com · ~.~ ,, SweetWater Technologies SWEETWA TE~ EXCEPTION ON PAGE 4 Due to the concentration of the components in CP59D, it is not possible to make a 52% solution in water, i.e. 58% CP59D + 42% water. P.O. Box 602, Columbia, Tennessee 38402 TEL: 931-540-1334 FAX: 931-540-1338 sales~sweetwatertech.com S WEETWA TER · Blend of Polyphosphates for broad protection 'CP 59D · Eliminates costly leaks due to corrosion · Reduces or eliminates the need for pH adjustment · Eliminates unsightly red and black water complaints · Reduces overall treatment costs · Lowers THM's by maintaining a lower pH environment Principal Uses Handling and Storage Sweetwater CP 59D is a dry polTphosphate corro- Avoid contact with skin or eyes and wash affected sion inhibitor used in the protectmn of potable wa- area immediately if contact is made. If irritation ter conduits in the transmission of public water persists call a physician. Do not take internally. supplies. CP 59D has been specifically formulated to I~wide signifx~ qtmntitim or'alto arripo~ Sweetwater CP 59D canbe stored in unopened con- icnsforawidemng~ot'~~needs. WEaa~ miners for extended periods of time. As material without pH adjusters such as caustic soda or lime, will cake up when exposed to air, opened eontain- CP 59D can help reduce THM formation rates as ers should be sealed to prevent exposure to the at- THM's are produced at a retarded rate at a lower pH. mosphere. Avoid breathing dust fi.om product. General Description Shipping Form Dry Sweetwater CP 59D is available in either bag, pail Color White to Slight Amber or supersack quantities fi.om various locations around the United States. Odor Slight to None % PO4 59 This product bulletin has been provided to you for Solubility 2-3 Lbs./Gallon reference purposes only. For further information on Sweetwater products or services please contact your local Sweet-water representative or Sweetwa- Typical Dosage Rates ter national headquarters at the following address: Pacification 5 - 15 ppm Maintenance 2 - 6 ppm Feeding Sweetwater Technologies Sweetwater CP 59D is best fed after dilution with A Division of National Sweetwater, Inc. water fi'om a mix tank. Dilution rates will vary P.o. Box 1473, Temecula, CA92593 based upon pump capacities, temperature and make (800)426-2428FAX(909)59a-9906 up.watecanaly.~.. Pumps should be selected t.o handle a (losage v, qthin the typical feed rates identified above. Sweetwater Technologies Material Safety P.O. Box 1473, Temecula, CA 92593 Telephone (800) 426-2428 FAX (909) 598-9906 Data Sheet / Section I - Identification Tr~:~ Name: CP 59D I C~ Nuffil~':. N/A Chemical Name and Synonyms: Condensed Inorganic Phosphate Blend Chemical Name: Corrosion Inhibitor I Formula: Proprietary Section !1 - Hazardous Ingredients Component % TLV-TWA This produc~ contains no hazardous ingredients as dEdined in 29 CFR 1910, 1200 Section III - Physical Data Boiling Point (C) N/A Vapor Premum (mm Hg) N/A Vapor Density (Air = 1) N/A pH ~ N/A Solubility in Water Appreciable Appearanoe end Odor:. White Powder Section IV - Fire and Explosion Data Flash Point Method: >200 F TOC N/A Exflngulahing Media: D~y chemical, foam and CO2 Speotal Fire, Hazard, and Fire Fighting. Prooedure~: Exemise caution when fighting any chemical fire. R~ =k~-f ~-o~.~on is Section V - Reactivity Data Inooml~atebilitv, Materlala to Aviod: None Known None Know~ Section VI - Health Hazard Data Threshold Limit Value (TWA): None Know~ Symptoma of Overexpoaure: None Known Primary Routee of Entry:. Skin Toxicity Information: Slightly toxic if swallowed. Emergency First Aid Procedures Skin: In case of contact remove contaminated clothing and immediately wash skin with soap and water.. Eyes: In case of contact flush with copious amounts of water for at least 15 minutes call a physician. Inge~tion: Give large quantities of water and induce vomiting. Call a physician immediately. Inhalation: Avoid breathing dusts or vapors. Move individual to an uncontaminated area and administer oxygen if necessary. Call a physician. Section VII - Special Protection Information Respiratory Protection (Specify Type): Wear NIOSH approved mist respirator. Ventilation: Ama should be well ventilated. Protective Gloves: Rubber Eye Protection: Safety glasses or eye goggles. Other Protective Equipment:. Eye beth and safety shower Section VIII - Spill or Leak Procedure Stefla to be taken in ca~e material is relees~ or ~pilled: Dispose of in accordance with local, state and federal regulations. Dike area to contain as much spilled material as possible. Remove any remaining material by absorbing with vermiculite or other suitable absorbing material. Waste Disposal Method: Follow state, federal and local regulations for disposal in an approved landfill. Section IX - Special Precautions Pmcaution~ to be teksn in handling and storing: Avoid contact with eyes, skin and clothing. Keep container closed. Wash thoroughly ~,te of ~.u.: 05/06/97 J sup. n~,.: P~par. d b~ Made D'Abato I NSF Product and Service Listings These Listings were Last Updated on Wednesday, July 02, 2003 at 4:15 AM Eastern Time. Please contact NSF International to confirm the status of any Listing, report errors, or make suggestions. Warning: NSF is concerned about fraudulent downloading and manipulation of website text. If you have received this listing in hard copy, always confirm this certification/listing information by going directly to http://www, nsf. org/_ Certified/PwsChemicals/Listin_tn__n.~p?Company=0H620&Standard=060& for the latest most accurate information. ANSI/NSF STANDARD 60 Drinking Water Treatment Chemicals - Health Effects SWEETWATER TECHNOLOGIES P.O. BOX 602 COLUMBIA, TN 38402 931-540-1334 Plant at: # 9 USA Blended Corrosion Inhibitor Trade Designation Product Function Max Use CP-78D Corrosmn & Scale Control 12.6mg/L CP-6868D Corrosmn & Scale Control 14mg/L CP-56D Corrosmn & Scale Control 12.9mg/L CP-65D Corrosion & Scale Control 11. lmg/L CP-5719D Corrosion & Scale Control 17mg/L CP-4040D Corrosmn & Scale Control 24mg/L CP-2060D Corrosmn & Scale Control 16mg/L CP-770D Corrosion & Scale Control 13mg/L CP-718L Corrosion & Scale Control 50mg/L CP-719 Cormsmn & Scale Control 38mg/L CP-719L Corrosion & Scale Control 52mg/L CP-720 Corrosmn & Scale Control 55mg/L CP-720L Corrosmn & Scale Control 74mg/L CP-722 .. Corrosion & Scale Control 49mg/L CP-722L Corrosmn & Scale Control 65mg/L CP-723 Corrosion & Scale Control 33mg/L CP-723L Corrosmn & Scale Control 44mg/L CP-725 Cormsmn & Scale Control 33mg/L CP-725L Corroston& Scale Control 44mg/L CP-727 Cormsmn & Scale Control 29mg/L CP-63D Corrosion & Scale Control 22mg/L CP-78DS Corrosmn & Scale Control 13mg/L CP-59D Corrosmn & Scale Control 27mg/L Miscellaneous Corrosion Chemicals http://www,nsf, org/Certified/PwsChemicals/Listings,asp?Company=0H620&Standard=060 7/2/2003 S WEETWA TER · Contains Zinc and Polyphosphate for broad protection CP-767L · Eliminates costly leaks due to corrosion · Reduces or eliminates the need for pH adjustment · Eliminates unsightly red water complaints · Reduces overall treatment costs · Lowers THM's by maintaining a IowerpH environment · Saves energy costs by maintaining a clean, non-corroded distribution system Principal Uses Handling and Storage Sweetwater CP767L is a liquid zinc polyphosphate Sweetwater CP767L is an acidic material and corrosion inhibitor used inthe protection of potable should be treated as any other acid. Avoid contact water conduits in the transmission of public water with skin or eyes and wash affected area immedi- supplies. CP767L has been specifically formu- ately if contact is m~d~. If irritation persists call a lated to provide sign}_'ficant quant/t/es of z/nc and physician. Do not take internally. p~.lyphosPhate ions for a wide range of corrosion inhibition needs. When used without pH adjusters Sweetwater CP767L can be stored in unopened such as caustic soda or lime, CP767L can help re- containers for extended periods of time. As CP- duce THM formation rates as THM's are produced 767L is an acidic material, all contacted mix tanks, at a retarded rate at a lower pH. storage containers or feed pump should be engi- neered to withstand an acidic environment. General Description Shipping Form Liquid % Zn. 2.2 Sweetwater CP767L is available in either dnun or bulk quantifies from various locations Color Clear to Slight Amber around the United States. Odor Slight to None %PO4 22.0 This product bulletin has been provided to you for reference purposes only. For further information Typical Dosage Rates onSweetwater products or services please contact your local Sweetwater representative or Sweetwa- Pacification 5 - 15 ppm ter national' headquarters at the following address: Maintenance 2 - 6 ppm Feeding Sweetwater CP767L is best fed as a neat solution di- Sweetwater Technologies reetly from the drum or bulk storage tank. Pumps ,~ ma,~. of N~ s~,~, ~ should be selected to handle a dosage within the p.o. Box 1473, remecula, CA 92593 typical feed rates identified above. As material is Caoo)42~-242arnx¢90a)saa-990e purqp parts and feed lines can withstand an acidic Sweetwater Technologies Matedal Safety P.O. Box 1473, Temecula, CA 92593 Telephone (800) 426-2428 FAX (909) 598-9906 Data Sheet Section I - Identification Trade Name: CAS Number: CP 7671_ NA Clmmical Name and Synonyms: 7inc Polyphosphate ChemicM Name: Zinc Polyphosphate ! Formula: Proprietary I Section II - Hazardous Ingredients Gc~ponent % TLV. TWA 3nc Chloride 0 -10 I rng./m3 Section Iii - Physical Data Boiling Point (C) > 100C Specific Gravity 1,30 - 1.38 Percent Volatile by Volume Vapor Preaaure (nlm Hg) Similar Io water Vapor Dermity (Air = 1) Similar to Water Evaporation Rate Similar to Water Solubility in Water Infinite pH Neat 9.5- 11.5 Section IV - Fire and Explosion Data Rammable Limits ~.EI N/A UEL NIA Flamlt Poim I,~thod: None N/A Extingui~hing Medi~: Not flammable Sl~CiM tim, Heard, and Fire Fighting Prm:ed~: A self. o~mined bmalNng apparatus should be worn by tim fighl~g pemonne~. Section V - Reactivity Data Incoml~atebi#tv, Material. to Avlod: Hazardou~ Section VI - Health Hazard Data Thr~hold Limit VMue (TWA): None est~ist~l Symptoms of Overexposure: IrfitaUon similar to a burn Pdmaf~ Rout~ of Entry: Skin Toxicity Information: None Established Emergency First Aid Procedures Sldn: Immediately wash skin lhoroughly wilh soap and water. Eye: Flush with copious amour~ of weter f~15 minute~ Callaphysic~sn. i Ing~ltZon: Administer ~ amounts ot' water to Ihe viclJm. Call Inhalation: Move vicam to an unconlaminated area and administer ox3~en if r~-::~. Avoid breathing mists and vapa& Cai a Section VII - Special Protection Information Respiratory ProtlctJon (Speedy Type): A NIOSH approved respirat=' is recommended. Ventilation: AMa SllOuld be well venlilMed. PrOllCtiw Glove~: RulYoer Section VIII · Spill or Leak Procedure all local, ~aie and fedenal laws In d~ ~ in an aPlXOtxiete rnanne'. i Waste Di~poMi Method: In accordance of all local, state, and federal regulations Section IX - Special Precautions PrecautJorm to be taken in hsndllng and stmtng: Avoid contacl with eyes, skin, and ini~Mtion of mists. Sul~: Claaafficltiou of CP.76?L The Cit9 of Bo nton Beach Procurement Services 100 E. Boynton Boach Boulevard P.O. Box 310 Boynton Boaeh, Florida 33425'0310 Tolephono No: ($GI) 742'G320 FAX: ($G1) 742'G306 September 19, 2003 SWEETWATER TECHNOLOG~S P.O. BOX 602 COLUMBIA, TN 38402 ATTN: JOEL T. RAINEY Dear Mr. Rainey, Thank you for responding to our Bid # 072-2821-03/$A "ANNUAL SUPPLY OF POLYPHOSPHATE TYPE CORROSION INHIBITORS". Your bid proposal price will expire on October 9, 2003, however, we would like to know if you are willing to extend your bid proposal price for an additional 60 days, which will extend your proposal through December 9, 2003. We are currently waiting on our consultant engineering fu'm (Hartman & Associates) to complete their review. Please indicate your response on the following page and return it to Procurement Services at your earliest convenience. We look forward to hearing from you. ff you should have any questions, please feel free to call my office at (561) 742-6322. Sincerely, Bill Atkim, · Deputy Director of Financial Services ja ¢¢: Btrb Conboy - M~n~-r Ufilitia Administration C~ntrai File File City of Boynton Beach RECEIVED Procurement Services 100 K Boynton Beach Boulevard ~.o. Be,~s~o SEP 3 0 2003 Beynton Beach. ~7orida $$4~$-05~0 ?ROCUREMF'NT .SERVICES Telephone ~ro.* (~$1~ NAME OF BID: "ANNUAL SUPPLY OF POLYPHOSPHATE TYPE CORROSION INHIBITORS" BID#: 072-2821-03/JA Agreement between the City of Boynton Beach, Owner; and SWEETWATER TECHNOLOGIES (Company's Name) Extension Period: OCTOBER 9~ 2003 TO DECEMBER 9~ 2003 ~/Yes, I agree to extend the existing bid proposal under the same Terms and Conditions, until an award is made. No; I do not wish to extend the existing bid proposal. //~ N~vEE OF cOMPANY o Si NAME OF REPRESENTATIVE TITLE (please print) 9/2~, /05 Y//.~) - ,zao -~ ~/a g or O-~ /-s4c;-i~i,-I D.~.TE '- (AREA CODE) TELEPHONE NUMBER America's Gateway to the Guffstream ,"fAME OF BID: "ANNUAL SUPPLY OF POLYPHOSPHATE TYPE CORROSION INHIBITORS" BID DATE: JULY 9, 2003 BID #: 072-2821-03/JA STATEMENT OF "NO BIDS" LISTING UNISOURCE We do not offer this product or an 4151 WOODCOCK DRIVE equivalent. JACKSONVII.I.E, FL 32207 MEMORANDUM HAIg 00.0197.010 TO: Mr. Robert L. Kenyon Deputy Utilities Director Utilities Department City of Boynton Beach 124 E. Woolbright Road Boynton Beach, FL 33435 FROM: Charles S. Parker, P.E. ~"s ~ DATE: September 25, 2003 SUBJECT: City of Boynton Beach Evaluation of Phosphate Corrosion Inhibitor, Task Order No. 6 1.0 INTRODUCTION 1.1 Purpose Hartman & Associates, Inc., (HA1), is pleased to submit four (4) copies of the results of the phosphate corrosion inhibitor analysis. The purpose of this memorandum is to summarize our findings and recommendations relative to the phosphate corrosion inhibitor analysis performed at the City of Boynton Beach East Lime Softening Water Treatment Plant (East WTP) and the West Reverse Osmosis Water Treatment Plant (West WTP). The purpose of this study was to evaluate the lowest apparent bid for the polyphosphate corrosion inhibitor contract using the manufacturer's sample of product and recommended dose to determine if the product could either meet or exceed the performance of the City's current corrosion inhibitor products. -1- The objectives of this study were as follows: 1. Collect data from reputable manufacturers for the City's use in preparing bid specifications. 2. Assist the City in the preparation and review of the corrosion inhibitor bid specifications. 3. Perform a baseline analysis of the City's water with the current corrosion inhibitor products measuring corrosion rate in mils per year (mpy) at each WTP. 4. Evaluate the apparent Iow bid products at each WTP at the manufacturer's recommended dosage by measuring the corrosion rate of the water to see if the product can meet or exceed the performance of the City's current products. 1.2 Corrosion Metering System For the evaluation of the corrosion inhibitor products, a portable linear polarization resistance (LPR) instrument was used. An LPR instrument determines the corrosion rate by measuring the current from a small applied potential difference between two measurement electrodes of the alloy being monitored. For this analysis the Aquamate CORRATER LPR instrument was used. The LPR measures the corrosion rate of a flow through sample in mils per year (mpy). 1.3 Baseline Analysis The purpose of the baseline analysis was to determine the performance measured in corrosion rate (mpy) of the City's current corrosion inhibitors at each WTP. Once the baseline was established, the proposed corrosion inhibitor product was tested to compare its performance against the existing product. If the corrosion rate for the new product were consistently below the baseline range, then the new product would be said to exceed the performance of the existing product. Conversely, if the corrosion rate for the new product was consistently above the baseline range, then the dose of the new product was to be adjusted in order to meet the current product performance. From there, it would be possible to re-calculate the costs to the City with the actual required dose and re-evaluate as to whether or not the apparent Iow bid was the actual low bid. -2- In order to determine baseline values, flow through samples from each WTP were allowed to run through the LPR assembly until the corrosion rate stabilized. All corrosion rates for the baseline study along with product testing were determined using the LPR assembly's copper electrode. Prior to determination of the baseline values for corrosion rate, time was allotted to allow the electrode corrosion rate values to stabilize. This was important for both the baseline analysis and the product testing analysis. For this analysis, a "stabilized" corrosion rate was one in which the corrosion rate remained consistent with either a slight increase and or decrease for a small corrosion rate range. The flow through sample for the East WTP was taken after polyphosphate addition on the discharge tap from the high service pumps. Figure 1-1 includes the baseline measurements after addition of the existing polyphosphate supplier and illustrates the stabilization of the corrosion rate. The baseline goal for the proposed product was determined to be between 0.34 mpy to 0.40 mpy following stabilization of the corrosion rate. The flow through sample for the West WTP was taken after polyphosphate addition following the reverse osmosis units and prior to degasification. Figure 1-2 includes the baseline measurements after addition of the existing polyphosphate supplier at the reverse osmosis WTP and illustrates the stabilization of the corrosion rate. The baseline goal for the proposed product for the West WTP was determined to be between 1.29 mpy to 1.75 mpy. It should be noted that for the West WTP, the flow through sample corrosion rate is not indicative of the finished water quality of the facility. The flow through sample water was very unstable following the membrane treatment and sulfuric acid addition. This location was chosen however so that a comparison under equal conditions could be performed against the proposed product. 2.0 PRODUCT TESTING 2.1 Product Testing Equipment In order to accurately test the proposed products, a metering pump was used to pump the sample product into a flow through sample line where it could then run through the LPR assembly for analysis. The metering pump used for this project was an LMI metering pump with a maximum feed rate of 0.58 gallons per hour (gph) and discharge head of 150 pounds per square inch (psi). The sample piping was %-inch PVC pipe with multiple 90 degree bends to ensure good mixing in the sample line prior to connection to the metering box. -3- 2.2 Proposed Corrosion Inhibitor Products Following review of the bid submittals for the corrosion inhibitor contract, it was determined that Sweetwater Technologies, Inc. had the lowest total apparent cost for corrosion inhibitor for the WTPs. The product selection for the East WTP based on the specification requirements was the CP59D at 1.3 mg/L as dry product. The total estimated annual price for this product at the recommended dosage was $15,132.90. The product selection for the West WTP based on the specification requirements was the SP767L at 1.15 mg/L as neat product. The total estimated annual price at the recommended dosage was $21,809.48. The total annual cost for the Sweetwater Technologies products totaled $36,942.38. 2.3 Product Testing at the East WTP In order to keep the East WTP from turning off it's current corrosion inhibitor feed system, a flow through, sample was taken at the corporation stop located on the softener unit discharge to the filters prior to corrosion inhibitor addition. Although the flow through sample was not filtered, them is no other chemical addition to the water besides the corrosion inhibitor following this point. An additional baseline measurement without any corrosion inhibitor was taken prior to the product testing. The pre-phosphate baseline for the East WTP showed a corrosion rate range of 0.32 to 0.39 ropy. Figure 2-1 illustrates the pre-phosphate baseline for the East WTP. The sample flow for the analysis was determined to be approximately 0.60 gallons per minute. In order to accurately dose 1.3 mg/L of the CP59D product, the metering pump was set at 0.093 gph pumping a 0.05% solution prepared in the I-IAI water laboratory. Following addition of the CP59D product at the manufacturers recommended dose, the corrosion rate was determined to be between 0.15 and 0.17 mpy. Figure 2-2 illustrates the corrosion rate following the addition of the Sweetwater Technologies, Inc. CP59D. Based on these results, the Sweetwater Technologies product meets or exceeds the performance of the current corrosion inhibitor product. 2.4 Product Testing at the West WTP The intent of the testing was to not disrupt the normal operation of each of the WTPs. However, due to the injection location of the corrosion inhibitor at the West WTP, there was not enough available sample flow required to run the analysis prior to injection of the corrosion inhibitor. Because of this, the staff at the WTP agreed to turn off the West WTP's corrosion inhibitor feed -4- system so that the same flow through sample point used for the baseline analysis could be used for the product analysis. Like at the East WTP, an additional baseline measurement without any corrosion inhibitor was taken prior to the product testing. The pre-phosphate baseline for the West WTP showed a corrosion rate baseline range of 0.79 to 1.00 mpy. Figure 2-3 illustrates the pre-phosphate baseline for the West WTP. The sample flow for the analysis was determined to be approximately 1.06 gallons per minute. In order to accurately dose 1.15 mg/L of the SP767L product, the metering pump was set at 0.073 gph pumping a 0.1% solution prepared in the HAI water laboratory. Following addition of the SP767L product at the manufacturers recommended dose, the corrosion rate was determined to be between 0.70 and 1.84 mpy. Figure 2-4 illustrates the corrosion rate following the addition of the Sweetwater Technologies, Inc. SP767L. Because the water at this point in the treatment process is unstable, these results were not unusual. However, based on these results, the Sweetwater Technologies, Inc. product seems to at least meet the performance of the current corrosion inhibitor product. 2.5 Lead Solubility Corrosion Control The final part of this analysis was to evaluate the anticipated lead solubility and how it may be affected by a change in the corrosion inhibitor product. The addition of a phosphate inhibitor is one of the most effective methods of reducing lead corrosion and reducing tap water lead concentrations below the regulatory action level. The phosphate dosage can be evaluated based on the target lead solubility, finished water pH, and finished water alkalinity. Figures 2-5 and 2- 6 illustrate the expected lead solubility for the lime softened water and the reverse osmosis treated water using both the current phosphate corrosion inhibitors at their recommended dosages and the proposed phosphate corrosion inhibitor products at their recommended dosages. Figure 2-5 illustrates that for the East WTP the Sweetwater Technologies Inc. CP59D yields a lead solubility of 0.06 mg/L or 0.012 mg/L higher than the current product, the SNC-N2. This is not a significant increase for lead solubility. Figure 2-6 on the other hand illustrates that for the West WTP, the Sweetwater Technologies Inc. SP 767L yields the same lead solubility at the current product SLI-6120. Based on this analysis, both of the Sweetwater Technologies, Inc. products seem to meet the performance of the current corrosion inhibitor products. -5- 3.0 SUMMARY AND RECOMMENDATIONS In summary, the purpose of this project was to analyze the apparent low bid products at the manufacturers recommended dosages to ensure that the products meet or exceed the performance of the City's current corrosion inhibitor products. Based on the results of this analysis, HAI concludes that the Sweetwater Technologies products CP59D and SP767L for the East and West WTPs respectively meet or exceed the performance of the City's current corrosion inhibitor products. Therefore, it is the recommendation of this report that the City award the corrosion inhibitor contract for the fiscal year 2003 to Sweetwater Technologies, Inc. Following award of the new contract, it will be important that the City hold the supplier to the following terms of the specifications. 1. The successful bidder shall submit quarterly analytical reports on four (4) water distribution samples. These samples shall be collected by the City in vendor furnished bottles. These reports shall include: pH, hardness, alkalinity, iron, lead, and copper. 2. An annual corrosion coupon analysis and phosphate profile shall be performed six (6) months after first purchase order by the chemical supplier. The supplier shall conduct a training session at the Utility after this testing to explain the results of this analysis and recommendations to the program. CSP/slm/00.0197.010/report.qr- l/Final Report. DOC -6- '~l~ . o ~/~1~ t-/ ~/~ 1111111 ~2 Il ' ,,,111' 1 ~ ' IIIIl' :1~1 ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ tmllllll~ I ] (~dm) e~e~ uo~souoo FIGURE 1-1 FIGURE , ~ """~ III ~, ...................... : ..... ~ ° , ~ ~ ~ ~ ~ ~ ~ ~ o o illllllllill~ o o d o o o d 0 o o (~dm) eTe~ uo~so~oo FIGURE 2-1 ~ o o o o o 0 0 o o (~dm) ele~ uo!~o~oo FIGURE FIGURE 2-3 (Xd~) elea uo~so~o3 FIGURE 2-4 :: p. --..o 0.100 . 200 o.. : ............................. ~-~ ............................................................ lOO =_ 0.048 o.oo, f, ,, , .... 0 i Ii 2 3 3~ 4 5 cP59O SNC-N2 mg POJL NOTE: pH = 9.0,. = 0.005, T = 25~C 01.0 lg?.0 ~10_J4.O_F-~t_Lea4'~I.CDR ASSOCIATES, INC. L~d Solubil~ v~sus Phosphate FIGURE ~'~ '~ ' ~ ~ at Various Al~linities 2 - 5 ............................... Ci~ of B~nton B~ch East ~P ; pH = 9.0 200 0. t00 0.06 '~,, i .......... - ~,.,... i ................. - ........ 550 '~ ............ · .......................................................................... .~o -i i - i I 2 3 3~ 4 5 0 SP?6?L $U-6120 mg PO,/L NOTE: pH = 9.0,. = 0.005, T = 25'C ASSOCIATES, INC. Lead Solubili~ versus Phosphate ~ FIGURE .... · ...... ~ ........ Ci~ of Boynton Beach West ~P V.-CONSENT AGENDA CITY OF BOYNTON BEAC] ITEM B.2 AGENDA ITEM REQUEST FOot,vt Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] August 5, 2003 July 14, 2003 (Noon.) [] October 7, 2003 September 15, 2003 (Noon) [] August 19, 2003 August 4, 2003 (Noon) [] October 21,2003 October 6, 2003 (Noon) [] September 2, 2003 August 18, 2003 (Noon) [] November 5, 2003 October 20, 2003 (Noon) [] September 16, 2003 September 2, 2003 (Noon) [] November 18, 2003 November 3, 2003 (Noon) [] Administrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: A motion to award the "ANNUAL BID FOR DUMPSTER REPAIRS", Bid # 088-2510- 03/JA, to Lamons Welding and Design, of Boynton Beach, F! for an estimated annual expenditure of $60,000.00. EXPLANATION: On September 23, 2003, Procurement Services opened and tabulated two (2) bids. All bids were reviewed by the Public Works Department and it was determined that Lamons Welding and Design, of Boynton ' Beach, was the lowest, most responsive, responsible bidder for recommended award. Larry Quinn, Solid Waste Manager, concurs with this recommendation ( see attached memo # 03-139). PROGRAM IMPACT: The purpose of this bid is to obtain a firm price for a one (1) year period for the "ANNUAL BID FOR DUMPSTER REPAIRS". 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. FISCAL IMPACT: ACCOUNT ESTIMATED NUMBER: ANNUAL EXPENDITURE 431-2515-534-46-93 $60,000.)}0 .~1 Deputy Director of Financial Services i~ity Manager's Signature Procurement Services ~.~ Department Name City Attorney / Finance / Human Resources cc: Jeffrey Livergood - Public Works Director Christine Roberts - Assistant Public Works Director Larry Quinn - Solid Waste Manager Central File File S:~BULLETINWORMS~,AGENDA ITEM REQUEST FORM.DOC SF_.? 2 g 2003 DEPARTMENT OF PUBLIC WORKS ........... ~,..'.c. ~,~,=., =-~:.:~72-. Memorandum No. 03-139 TO: Bill Atkins, Deputy Finance Director / Procurement VIA: Jeffrey Livergood, Public Works Director ~1~, ~ Christine Roberts, Assistant Public Works Director "~('~- FROM: Larry Quinn, Solid Waste Manager DATE: September 25, 2003 SUBJECT: Bid Award Annual Bid for Dumpster Repairs Bid #088-2510-03/JA I have reviewed the attached tabulation sheets for the Annual Bid for Dumpster Repairs (Bid #088-2510-03/JA). I recommend the bid be awarded to the apparent low bidder, Lamons Welding and Design. The budget account number for this bid is 431-2515-534-46.93 with an expenditure of $60,000. I have requested that a requisition for a blanket purchase order be entered into H.T.E. for the upcoming budget year. If you have further questions, feel free to call me at Ext. 6206. LQ/pl Attachment Copy: PW Files BIDDER ACI~NOWLEDGEMENT Submit Bids To: PROCUREMENT SERVICES 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 Telephone: (561) 742-6322 Broadcast Date: August 15, 2003 Bid Title: "ANNUAL BID FOR DUMPSTER REPAIRS" Bid Number: 088-2510-03/JA Bid Received By: September 23, 2003, NO LATER THAN 2:30 P.M. (LOCAL TIME) Bids will be opened in Procurement Services unless specified otherwise. Bid receiving date and time is scheduled for: September 23, 2003, no later than 2:30 P.M. (local time) and may not be withdrawn within ninety (90) days after such date and time. All awards made as a result of this bid shall conform to applicable sections of the charter and codes of the City. Name of Vendor: Federal I.D. Number: A Corporation of the State of: ~'[ o Area Code: ,-~--& [ Telephone Number: ~5--{..o Area Code: ~c / FAX Number: '7 Mailing Address: City/State/Zip: Vendor Mailing Date: Authorized Si(0aa e ' Name Typed THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL 14 SPECIFICATIONS FOR ANNUAL BID FOR DUMPSTER REPAIR SCOPE OF BID: The City of Boynton Beach is seeking a source to provide the Public Works/Sanitation Department with a cost effective and timely service for the repair of the City's dumpsters for a period of one (1) year. The estimated annual expenditure is $ 60~000.00. The bidders will be carefully screened to insure the resource availability of the bidder to perform the required services. Services will be provided on an "AS NEEDED BASIS". Please place an (x) on the blank line next to each item ifa 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 3-4) with the proposal sheet in order for a bid to be considered. The successful bidder shall provide services in accordance with the following conditions: v/ Vendor must presently have the resource availability to perform the specified work in an accePtable time schedule and provide the necessary transportation of specified equipment. l~ Vendor shall be prePared to show evidence of having the ability to successfully provide ~ this type of service, and shall provide a customer list with telephone numbers and contact person to verify the claims. Vendor must provide pickup and delivery of dumpsters to be rePaired. The dumpsters shall be picked up from and delivered back to the Rolling Green Municipal Complex located at approximately N.W. 16th Avenue and N.W. 4th Street in Boynton Beach. ~ Within a twelve (12) hour working day period, arrangements must be made for dumpster(s) pickup, completion of necessary/required rePairs, and delivery of the rePaired dumpster(s). Working days are defined as Monday through Friday. ,// The work shall include, but not necessarily be limited to: cutting out and removing the ~ old rusted out bottom of the dumpster and replacing it with the same gauge and quality of steel as that used in the walls of the dumpster; lid bar tabs shall be inspected and repaired as needed. o /// The bottom of the dumpster shall be properly equipped with a replacement drain plug. (,// The new bottom shall be fabricated with 90° flanges on each side. J The flanges shall be a continuous weld to the exterior of the container, forming a water ~ tight bottom to the container. L,.-'/Any repair work performed shall be in accordance with accepted practices for the painting of steel. It shall be primed and the entire dumpster shall be painted with a ne~v coat of industrial enamel paint. 3/ Paint used for any and all dumpster repairs shall be equivalent to "Industrial Enamel" produced by Sherwin Williams, Product Number B54 TI 04., and shall be color: "Packer Green". 3/ The vendor shall be responsible for a complete inspection of the dumpster. The vendor shall report and obtain approval for any additional recommended repairs(s) to: Larry Quinn, Solid Waste Manager, (561) 742-6206. v/ All prices are F.O.B. Boynton Beach. ADDITIONAL WORK Additional work shall include miscellaneous repairs to dumpsters and/or roll-off containers on an "AS NEEDED BASIS". Price quotes for additional work found to be necessary must be approved in advance by the Solid Waste Manager, Lany Quinn, and quote shall include both time and materials. OPTIONAL BID i~ Vendor may submit a bid to repair the dumpsters at the City's facility located at the Rolling Green Municipal Complex. t// Vendor must provide the City of Boynton Beach with a Certificate of Insurance in the amount of one million dollars for Commercial General Liability and products Completed Operations. The liability policies must list the City of Boynton Beach as additional insured (please refer to Attachment "A" for other required insurances). 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. 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 estimated annual expenditure for Dumpster Repairs is $ 60,000.00. The vendor shall provide a flat rate price for a period of one (1) year on an "AS NEEDED BASIS" for the replacement of dumpster bottoms, including preparing, priming, and painting; inspection and repair of lid bar tabs; and all transportation associated with the repair, as per the specifications, for the following size dumpsters: 0c3 2 Cubic Yard $ 3 Cubic Yard $ 4 Cubic Yard 6 Cubic Yard $ ./ ~,.~' 19o 8 Cubic Yard $ ADDITIONAL WORK (Work performed at Contractor's facility) Additional work shall include miscellaneous repairs to dumpsters and/or roll-off containers on an "AS NEEDED BASIS". Price quotes for additional work found to be necessary must be approved in advance by the Solid Waste Manager, Larry Quinn, and quote shall include both time and materials. Additional Work $ ~ /per hour (includes both time and materials) THIS PAGE TO BE SUBMITTED IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 15 OPTIONAL BID Cost to repair the dumpsters at the City of Boynton Beach facility located at the Rolling Green Municipal Complex: 2 Cubic Yard $ 3 Cubic Yard $ //~/- 0--~' 4 Cubic Yard $ / 06)- 6 Cubic Yard $ // 8 Cubic Yard $ ~-~ ~; O- oo ADDITIONAL WORK (XVork performed at City facility) Additional work shall include miscellaneous repairs to dumpsters and/or roll-off containers on an "AS NEEDED BASIS". Price quotes for additional work found to be necessary must be approved in advance by the Solid Waste Manager, Larry Quinn, and quote shall include both time and materials. Additional Work $ Z7/~,. 00 /per hour (includes both time and materials) Al,1, PRICES F.O.B. BOYNTON BEACH Number of Bid Proposals submitted Specification "check-off" sheets (Pages 3-4) submitted ~o o Customer List submitted -"--~ o THIS PAGE TO BE SUBMITTED IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 16 COMPANY NAME ] SIGNATUf~ PRINTED NAME TELEPHONE ~ER T~LE THIS PAGE TO BE SUBMITTED IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 17 NONCOLLUSION AFFIDAVIT OF PRIME BIDDER State of ~'7/O F, 'c/&_ ) County of ~C~ I rr~ ~c'~' t.t '.c~c'.J /-.-. CI-F'D O ri S , being first duly swom, deposes and says that: (Title) (Name of Corporation or FhJrn) - the bidder that has submitted the attached bid: 2) He is fully informed respecting the preparation and contents of the attached bid and of all pertinent circumstances respecting such bid; 3) Said bid is genuine and is not a collusive or sham bid; 4) Further, 'the said bidder nor any of its officers, parmers, owners, agents, representatives, employees or parties in interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly with any other bidder, firm or person to submit a collusive or sham bid in connection with the Contract for which the attached bid has been submitted or to refrain from bidding in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communications or conference with any other bidder, firm or person to fix the price or prices in the attached bid or of any other bidder, or to fix any overhead, profit or cost element of the bid price or the bid price of any other bidder, or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the (Local Public Agency) or any person interested in the proposed Contract; and 5) The price or prices quoted in the attached bid are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the bidder or any of its agents, representatives, owners, employees, or parties in interest, including this affiant. ""~. )2 ~XmES:.o~a,~ (Signed Subscribed and sworn to before me This ~2~1 dayof {Zlta Cl'b'l" , 2003 My commission expires _~'0 Vf-./B~Cf' TI-IlS PAGE TO BE SUBI~ilTTED ALONG WlTlt PROPOSAL IN ORDER FOR PACKAGE TO BE CONSIDERED COI~IPLETE AND ACCEPTABLE 18 ANTI-KICKBACK AFFIDAVIT STATE OF FLORIDA ) · SS COUNTY OF PALM BEACH ) I, the undersigned hereby duly sworn, depose and say that no portion of the sum herein bid will be paid to any employees of the City of Boynton Beach as a commission, kickback, reward of girl, directly or indirectly by me or any member of my firm or by an officer of the corporation. '-"NAME- SIGN-AT~ Sworn and su?~.scribed before me this ~5 day of gl%k154' ,20 ~&~ Printed Information: TITLE "OFFICIAL NOTARY SEAL" STAMP THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 19 CONFIRMATION OF MINORITY OWNED BUSINESS A requested form to be made a part of our files for future use and information. Please fill out and indicate in the appropriate spaces provided which category best describes your company. Return this form with your bid proposal sheet making it an official part of your bid response. ( ) AMERICAN INDIAN ( ) AS~AN (~'"~ BLACK ( ) HISPANIC ( ) WOMEN ( ) OTHER (specify) Do you possess a Certification qualifying your business as a "Minority Owned Business"? YES ~ NO If YES, name the Organization fi.om which this certification was Obtained and date: Issuing Organization for Certification~. ~/'/7 Date of Certification THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL 20 CONFIRMATION OF DRUG-FREE WORKPLACE IDENTICAL TIE BIDS Preference shall be given to businesses with drug-free workplace programs. Whenever two or more bids which are equal with respect to price, quality, and service are received by the City of Boynton Beach or by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed if none of the tied vendors have a drug-free workplace program. In order to have a drug-free workplace program, a business shall: l) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2) Inform employees about the dangers of drag abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3) Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4) In the statement specified in subsection (1), notify the employee that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5)- Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community by, any employee who is so convicted. 6) Make a good faith effort to continue to maintain a drag-fi'ce workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. ~~ ~~/ Vendo["s S~ature THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 21 V.-CONSENT AGENDA ITEM B.3 CITY OF BOYNTON BEACF.' AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be 'Fumed Requested City Commission Date Final Form Must be Turned Meeti?_~ Da_tea ~ Meeting Dates in to git_v. Clerk_'_a Office [] August 5, 2003 July 14, 2003 (Noon.) [] October 7, 2003 September 15, 2003 (Noon) ~ Ausu~t 19, 2003 Ausust 4, 2003 ~oon) ~ October 21,2003 Octo~r 6, 1003 (Noon) ~ September 2, 2003 August 18, 2003 ~oon) ~ November 5, 2003 October 20, 2003 ~oon) ~ ~ S~mber 16, 2003 S~mber 2, 2003 ~oon) ~ November 18, 2003 Nov~ber 3, 2003 (No~); ' ~" ~ A~ahve ~ Legal ~' ~'~o NAT~ OF ~ ~o~eement ~ New Business - -~ 'm AGENDA ITEM ~ CiW Mamger's Report ~ Presentaaon c ~ :. :~ ~ Co.ant As~nda ~ Public H~a~g - · ~ Cod~ co~liance&egal Se~lements ~ U~mah~d Busmeaa RECOMMENDATION: Motion to "piggy-back" existing governmental entity contracts for a three (3) year digital copier lease estimated at an annual cost of $67,414.44. The digital copier leases are as follows: Contract Source Name o(Vendor Co0i~r Name State of Florida - Contract #600-340-03-01 Minolta Business Solutions Minolta Miami-Dade County Public Schools - Bid #143-BB05 Ikon Office Solutions Canon Miami-Dade County Public Schools - Bid #046-AAI 1 Ikon Office Solutions Canon EXPLANATION: The City currently has a lease for twenty-six (26) analog copiers that will be expiring on October 31, 2003. A Copier Review Committee was established in order to properly evaluate the provisions of a new digital multifunctional copier lease. The process for the new digital copier leases included: 1) having the departments complete a Needs Assessment to determine the features required on the copier; 2) obtaining pricing from various vendors that had existing governmental entity contracts (large volume contracts for best pricing); 3) preparing a comparative cost analysis considering price offerings and contract period; 4) review features of the digital copiers to assure departmental needs are being met; and $) some actual site visitations for demonstrations of the copier equipment. The Committee determined that a combination of twenty-one (21) Minolta digital copiers, and five (5) Canon digital copiers would best meet the needs of the City. These digital copiers are multifunctional and also have the capability for network printing, faxing and scanning as an additional option add-on to the monthly costs. It is planned that ITS will pilot some departments with network printing utilizing this lease agreement in lieu of scheduled printer replacements. This will create additional savings due to the costs of a replacement printer and on-going costs for toner supplies...versus the copier lease that provides for toner supplies. The Canon color copier/printer planned for Customer Service includes the network connection that will allow departments to submit jobs electronically for color prints at 32 copies per minute. PROGRAM IMPACT: Departments will be provided with new/unused digital copiers with multifunctional capabilities. The digital copiers have the capability of printing better quality copies. Utilizing the governmental entity contracts will allow for timely replacement of the existing copiers with minimal disruption to staff. FISCAL IMPACT: The current three-year analog copier lease for these twenty-six (26) copiers is $261,471.24, and the new digital copier three-year lease will be at $202,243.32 creating an estimated savings of $$9,227.92 over the period of the lease. Funds are allocated In the FY2003/2004 Annual Budget in account #44-31 (copier leases) within the individual Departments and the City Hall copier rental accounts. SSBULLETIN~FORA4S~AGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM ALTERNATIVES: Photocopiers perform an essential function in the daily operation of the City. Piggy-backing the existing bids assures competitive pricing. With the current leases expiring at October 31, 2003 it is essential that the new copiers be in place to avoid disruption to departments and there is no alt rnative at this time. Deputy Director of Financial Services City Manager's Signature Procurement Services ~ Department Name City Attorney / Finance / Human Resources cc: Committee Members (as shown below) Peter Mazzella- Utilities Administration Tony Penn - Utilities/Customer Services John McNally - ITS Department Bill Atkins - Finance/Procurement S:~BULLETIN~ORMS~AGENDA ITEM REQUEST FORM.DOC 600-340.03-1 -- Copying Equipment, Multifunetional & Special Application Devices Page 1 of 1 Copying Equipment, Multifunctional and Specialty Application Devices 600-340-03-1 Effectives 5/30/03 through 5/20/04 Certification Instructions to Bidders Technical Specifications General Conditions Price Sheets Ordering Instructions Contract Form Contract Revisions ComDlete Contract Contractors Advanced Business Systems (A) Panasonic Dig~.al Do_c_ .urn_ ent._(A) Business Equipment Solutions Qualpath Corporation (B) Canon USA (A) Ricoh (AD Danka Office Imaging (A) Riso (_AD IKON Office Solutions (A) Savin (A) Lmagistics (A) Sharp_(A) Kyocera Mita America (A) Standard Duplicating Machines (A) Lanier (Al Toshiba America (A) Lewis D'i_~ital (Konica) (M) Xerox (A~ M~in~lt_a_ (A) http://www.myflorida.com/st_contracts/600340031 / 9/26/2003 Minolta Corporation, State of Florida MAP Contract Page 1 of 1 map contracts > state of florida ~ Florida State Contract L~ a ut h o ri_ze~d_d e aJ e_rs ge_Qe_r_aJ o~r_de~r.i_nf_o Contract Number: 600-340-03-1 Effective: $130103. 5120104 terms and conditions Welcome to the Minolta Corporation State of Florida Online Catalog Minolta is a worldwide corporation offering state-of-the-art technology for products and ser The information on this website will provide expedient results to order our approved produc upgradable optional well as the pertinent procedures to be used. _a_c_ces~ories pricing Minolta Corporation, specifically our Major Account Department, the State Contracts Depa welcomes the opportunity to be a supplier to the State of Florida. The table represents the Classes that were awarded to Minolta Corporation. For informatic regarding each type and class, please click the actual model within the grid. TYPE CLASS CLASS CLASS CLASS CLASS CLASS 1 2 3 4 5 6 I Di152 DilS2F D1251 Di251F Di351 Di351F II DDS1 Di470 Di551 Di650 D1750 Di850 V N/A N/A CF2002 C~3102 N/A N/A For additional questions on pricing or product specifications please contact your local auth, Minolta dealer, olick_~he_re for_li_i~. For general ordering information please Click here For Special Terms and Conditions pertinent to the State of Florida contract please c_liqk ~h_e~ http://bpg.minoltausa.comJstatecontracts/600340031/FL.htm 9/26/2003 Contract Number: 6oo-34o-o3-~ There's been a revolution in digital productivity - but are you reaping the benefits? Typo I MinoLta has the aLL-in-one solution that handles your Clams 2 documents with uncompromlslns quaUty, retlsblUty and cost-efficiency. * Include8: Automatic ~ With the DItsaF, you can Document Foedor, 3-Drawer print, copy, fax and scan from Holllht Cabinet, Shift Tray a single networkabte unit. BuiLt-in Super G3/33.6 Kbpe MINOLTA DI~.BaF modem tats you transmit Type: Digital Copier/Fax Original: faxes In Less than 3 seconds EleCtrostatic Dry POwdered image per pip, to keep pace with Development System: Minolta Micro.Tonin$ High-Grade busy traffic. Output Speed: tS pages per minute Image Resolution: 600 x 6oo dpi (copylng/printlnD; 2o0 X 4oo dpl (faxlng) · t5 pages per minute Warm. Up Time: Less than 3o seconds · Scan-Once, Print many First Copy: Less than 7 seconds · Fast, Powerful, Affordable Modem Speed: 33.6 Kbps · Paper Size up to 2[" X tT" Transmission Speed: Less than 3 seconds per page Scanning Speed: 2 seconds per page · Text and Photo Mode Autodialln8 locations: 127 (27 one touch keys, lDO speed dial keys) Broadcast Destinations: 243 Data compression: MH/MRJMMRjjBi~ Compatibility: Super G3 Magnification: 5o* 200%, ~% increments Preset reduction: 5o%, 64%, 78% Preset enlargement: ~2t%, t29%, 200% Standard Paper Supply: 2?5-sheet standard paper tray; Single sheet standard bypass tray Mia/Max Output Size: 5-~/2" x 8-~/2" - 22" x 27" Maximum Paper (:ap.: 6oo sheets (total with options) Supports t additional PP-t2o paper cassette power ReqUirements: ~.2oV, 6oHz Dimensions: 23--.~./4'' x 29--2/4" x 24" (WHO) (base machine) Weight: 85 lbs. (base machine) OeslJn a~d Specifications are subject to change without notice. · Photo does not represent awarded configuration. ContrectNumber: 6oo-3z~o-o3-~ ~-- Digital productivity can help you stay competltve - and the Minolta DIALTA DI25~ Type I 81ves you I mld-voLum digital Class 3 document solution that's both high-performance and cost- effective. You'll have * Includes: Reverslnl~ print/copy output-speed up to Document Feeder, Duplex Unit, 3.Drawer Hell,bt aS-pesos-per-minute, with Cabinet ~, '~ Minolts's superior image quality of our exclusive Micro-Toner HIsh-Grade MINOLTA DIALTA DI251 system for sharp text and Type Digital Copier 8raphlcs. Optional dupiexins, Imaging System Electrostatic Dry Powedered Image sortlns, etspUn! and hole- Development SYstem Minolta Micro-Toning High-Grade punchin~ cipablUtlex make It Output Speed 25 pages per minute f~ster end exelar to produce Image Res0!utlon 600 x6°° dPi (¢°P¥ing/prlntin~ finished documents In-house. Warm-Up Time Less than 1 minute And with tho Pl3so~ Print First Copy Less than 5.8 seconds ControLler, you can scan Magnification 25 - 4oo%, o.t% increments; Preset reduction 50%, 65%,73%, orl8inaLs or print documents 79%, 93%; directly from your desktop PC. Preset enlargement 121%, 129%, t55%, 200% · Up to 25 pages per minute Standard Paper Supply 275-sheet multi-purpose tray; · Scan Once/Print Many 55o-sheet fixed drawer; Single-sheet bypass Technolo~/ Power Requirements t2o V; 6o Hz; lo,5 A · Reversing Document Feed Dimensions 23-l/2" x 25 t/2" x 27-3/4" (WILD) · Auto Duplexlng Weight 329.5 Ihs. De*q~n & specifications are subject to cha~ge without notice. · 25 - 400% zoom · Photo does not represent awarded configuration ~3 Contract Number: 6oo-3~o-o3-s ~ With 3S-ppm print/copy output, standard stackLess duplexln8. end a wide tense Type I ,,~ of options to suit any workflow, the MinoLta 01ALTA CIIll G Di35~ cln Improve your 4~ - document productllty. MlnoLta's exctuslve Micro- * Inoludee: Roverolni[ Doeumeet Feeder, Auto ToninB HIsh-Grade ImsEInE Duploxht(, Iqnlsher, Fixed Drawer (SSO sheets), 2- system with aS6 srayscsLe Drawer Hel(ht C~blnet " I LeveLs 81vex you superior output with sharper text, MINOLTA DIALTA DI35~ Iraohics and halftones. Type Digital Copier Imaging System ELectrostatic Dry Powdered Image Development System Minolta Micro*Toning High-Grade · Up to 36 pages per minute Output Speed 35 pages per minute · Scan Once/Print Many Image Resolution 6oo x6oo dpl (copying/Printing) Technolow Warm-Up Time Less than 70 seconds · Reveslng Document Feeder First Cop~ .~ Less than 4:6 seconds Magnification 25 - 4oo%, o.~% increments; · Auto Ouplexing Preset reduction 5o%, 65%, 73%, 79%, 93%; · Auto Finishing Preset enlargement ~:~%, (2.Position Stapling) 155%, 2oo% Standard Paper Supply 275-sheet multi.purpose tray; · 25 - ¢00% zoom $5o-sheet fixed drawer; Single-sheet bypass Power Requirements 12oV, &oHz, t~.5 A Dimensions ~5" x 25 t/2" x 27 3/4" (WHo) Weight ~33.5 tbs. Olliln IL speciflcatiofls are subject to cha~ge without notice. · Photo does not represent awarded configuration George M. Burgess Miarni. Dade County School Board Chief Financial Officer April 9, 2003 Dr. Michael M. Krop, Chair Financial Affairs Dr. Robert B. Ingram, Vice Chair Agustin J. Barrera Joseph A. Gomez, CPPO, CPM Frank J. Bolaflos Assistant Superintendent Frank J. Cobo Procurement Management Services Perla Tabares Hantman Betsy H. Kaplan Dr. Marta P~rez Ikon Office Solutions ! Dr. Solomon C. Stinson 490 Sawgrass Corporate Parkway I Superintendent Sunrise, FL 33325 o~ Scl~ools Owner: James J. Forese, Chairman/C.E.O. /~errett R. Stierheim SUBJECT: NOTIFICATION OF AWARD BID NO. NO. 046-AAll (EXTEND CONTRAC'I3 TITLE: FULL-COLOR COPIERS, DIGITAL DUPLICATORS, DIGITAL MULTIFUNCTIONAL DEVICES AND DOCUMENT IMAGING SYSTEMS, CATALOG DISCOUNT BID BID PERIOD: I)4/1812003 - 04/1712004 At its m~eting of 0410912003, the School Board of Miami-Dade County, Flodda awarded your company the following item(s) on the above referenced bid at the unit price(s) indicated on the attached award recommendation. This award is limited to the listed items only in compliance with the full item description, specifications, quantities, conditions and instructions to bidders as contained in the bid documents. THIS IS NOT AN AUTHORIZATION TO SHIP THE REFERENCED ITEMS. Purchase orders will be issued for these items, as needed, for the bid period indicated above. If you have any questions, please contact me at (305) 995-I 373. Sincerely, L~yer Division of procurement Management Services School Board Administration Building · 1450 N.E. 2nd Avenue · Miami, Florida 33132 www. dadeschools, net Document Efficiency At Work: This unique solution was designed to meet the needs and objectives discovered during our meeting. The total quote is outlined below, followed by sections that detail system cost, service, and options. lOS Capital FMV Lease Term: 36 months 60 months 1- Canon iR C3200 $571.00 $384.00 · Document Feeder K-1 · Network Multi-PDL Kit A-1 · Saddle/Finisher N-2 · Cassette Feed Unit X-1 · Installation & Training · As Per the Terms and Conditions of the Miami- Dade School Board Contract # 046 AA11 Service Agreement: Full Coverage Plan Includes: All Parts, Labor, Service Calls, Drums, Toner and Preventative Maintenance Calls. (Doesn't includes paper & staples) Base Cost/Month Includes Overaaes Canon iR C3200 $228.75 2,500 Images $.085 2,500 Plus Images $.07 BNV images @ 1,250 Images $ .013 Dr. Richard H. Hinds Miami-Dade County School Board Chief Anancial Officer Perla Tabares Hantman, Chair F~nanc~ Affairs October 23, 2002 Dr. Michael M.FrankKn:~' J.ViCeBolatfosChair Rose Barefleld-Cox, J.D. Frank J. Cobo Assistant Superintendent Dr. Robert B. Ingrain Procurement and Materials Management Betsy H. Kaplan Manty Sabat~s Morse Dr. Marta P~rez Dr. Solomon C. Stinson I Ikon Office Solutions Superintendent of Schools 490 Sawgrass Corporate Parkway ~errett R. SUe~eim Sunrise, FL 33325 Owner. James J. Forese, Chairman SUBJECT: NOTIFICATION OF AWARD BID: NO. '143-BB05 (AWARD) TITLE: COPYING EQUIPMENT, SERVICE AND SUPPLIES BID PERIOD: 1012312002 - 09~30~2004 At its meeting of 1012312002, the School Board of Miami-Dade County, Flodda awarded .your company the following item(s) on the above referenced bid at the unit pdce(s) indicated on the attached award recommendation. This award is limited to the listed items only in compliance with the full item description, specifications, quantities, conditions and instructions to bidders as contained in the bid documents. 'THIS IS NOT AN AUTHORIZATION TO SHIP THE REFERENCED ITEMS. Purchase orders will be issued for these items, as needed, for the bidperiodindicated above. If you have any questions, please contact me at (305) 995-1364. Linda Cantin, Buyer Division of Procurement Management And Materials Testing School Board Administration Building · 1450 N.E. 2nd Avenue · Miami, Rorida 33132 www. dadeschools, net Mismi-Dade County Public Schools - C~opyl~g Equipmenf~ Servlc. e and Supplies Bid 143.,BB05. Effedive 10~/~002 thraugh 09/30/2004 ~' ..... - ..... ' - ~ '-- ~M,~a~ .... --: --' .... I Glru:nBudmm~GoluGc~s OInoftlRtl~O $ 1,~32,~4' t ~ n~ $ 20.00 nordaxSmum __ - Z ~ -- .- ~a~z~ :s i,7~.~'S' 1~.~ ~'~ ~:0~ S'- 2 '-~'~ V.-CONSENT AGENDA ITEM B.4 CITY OF BOYNTON BEAC} AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] August 5, 2003 July 14, 2003 (Noon.) [] October 7, 2003 September 15. 2003 (Noon) [] August 19, 2003 August 4, 2003 (Noon) [] October 21, 2003 October 6, 2003 (Noon) [] September 2, 2003 August 18, 2003 (Noon) [] November 5, 2003 October 20.2003 (Noon) [] September l6, 2003 September 2. 2003 (Noon) [] November l8. 2003 November 3, 2003 (No~ [] Administrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation .~. [] Consent Agenda [] Public Hearing ~-- '::' · [] Code compliance/Legal Settlements [] Unfinished Business --- RECOMMENDATION: Motion to approve the five-year lease of a Xerox DocuPrint 92C Laser Printer from Xerox Corporation utilizing the Putnam County Contract 97-02, at a monthly rate of $5,428.57. EXPLANATION: The current Xerox lease agreement for the 4850 Printer, which is primarily used for printing utility bills and a variety of documents for other City departments, will be expiring on October 31, 2003. The Xerox 4850 Printer is aging and is not suited to handle the growth and changing printing needs of the City of Boynton Beach. The Xerox DocuPrint 92C Laser Printer will handle existing forms, fonts and templates; has larger paper trays to handle increased capacity; 600 x 600 DPI for better quality; and three highlight colors, blue, green and red to offer other departments variety at a competitive cost. PROGRAM IMPACT: This will be a more reliable and faster printer, thus freeing up existing staff to handle other duties and be more responsive to the printing needs of other City departments. This will increase responsiveness to the City's varied printing needs. (See attached recommendation from the Customer Relations Division for a detailed explanation of added features) SSBULLETIN~ORMSXAGENDA [rEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM FISCAL IMPACT: The recommendation is based on, but not limited to, quality, cost, service, productivity, color options, ease of use for all City departments, growth, transition and disaster recovery. (Please see the attached memo for a detailed cost breakdown, based upon the Putnam County Bid) Account Description Account Number Amount Rentals and Leases 401-2825-536-44-31 $65,142.84 (FY 2003/04) ALTERNATIVES: Extend existing contract and experience multiple problems with the aging equipment or select one of the remaining proposals that may not meet the City's growth, flexibility and cost savings needs over the long run. Department Head s Signature City Manager' s Signature Utilities ~aza~ Department Name City Attorney / Finance / Human Resources XC: Peter Mazzella Barbara Conboy Anthony Penn, Customer Relations Bill Atldns, Procurement Services File S:~BULLETINZFORMS~AGENDA ITEM REQUEST FORM.DOC MEMORANDUM UTILITIES DEPARTMENT TO: Dale Sugerman, Assistant City Manager FROM: Peter Mazzella, Deputy Director of Utilitf'e~""~ DATE: September 16, 2003 SUBJECT: Agenda Item - 5-year lease of Xerox DP92C printer Pricing rationale based upon Putnam County Bid no. 97-02 After speaking with Jerry Pomerantz, Xerox's government contracts representative, I can see and support their pricing configuration. Here is a recap of the pricing as contained in the bid, and how it applies to our proposed lease: Capital The Putnam County bid sets the purchase price for this equipment at $268,000, but allows for term leases IF the total lease payments are less than or equal to this amount over the course of the leasing period. In our case, the total for the lease payments is $216,213.60, so the contract condition is met regarding capital cost. (216,213.60/60=-$3,603.56/month) Operation and Maintenance (O&M) The Putnam bid allows the bidder to submit a price list for State and Local pricing on O&M. The pricing is set for the base unit, with each additional component carrying an added cost. This pricing does not include a base number of impressions or supplies, so those costs are add-ons. Here is the breakdown of O&M monthly costs, from the State & local price list: Base unit PD 92C $640 Printing Systems Controller 180 IPS/NPS software 330 Stitcher & 2000 sheet stacker 100 Color changeable unit kit 25 Total $1275/month Cost for 100,000 impressions (est.) ~ $0.0042 = $420 Cost for supplies to generate 100,000 impressions = $130 Total O&M = $1275 + 420 + 130=- $1825 (Note - the cost for impressions and supplies will be based upon actual use, so they will vary each month.) Recap Capital = $3,603.56/month O&M= $1~825 /month Total $ 5,428.56/month Although this price is a significant increase over current costs, it does appear to be supported by the Putnam Bid, and is therefore the best we have available for this unit. The unit is approximately twice the speed of the 4850, and has other advanced capabilities not found in the current unit. I can therefore support proceeding with piggybacking this bid. Sufficient funds were requested in the upcoming 2003-04 budget in anticipation of the added cost for this advanced printer. I could not support regressing to a black and white printer that also has lesser capabilities for sorting and adding notations to the bills. That would be a step backwards in our level of service to our utility customers, and also provide fewer options to our in-house print service customers. Xerox 4850 Replacement Lease expires 10/31/03 Recommendation of Customer Relations Division: Approval of a 60-month lease of a Xerox DP92C NPS Laser Printer to replace the existing Xerox DocuPrint 4850 NPS Laser Printer utilizing the Putnam County contract at a monthly cost of $5,428.57. Explanation: Proposals were submitted by three companies, Xerox, Canon (Ikon) and Toshiba, to replace the existing equipment when the lease expires the end of October. It is the decision of the Customer Relations Division to remain with Xerox for the following reasons: 1. Highlight color- Xerox is the only one that can provide highlight color for use on our utility bills, guides, applications and other department and City print jobs. With the 92C model, users will have the option of one of three different highlight colors: blue, red or green. 2. Sol,rare compatibility - Xerox is the only one that can iriterface directly with existing FormSprint software, which is used to create graphic layout and sort bill types. Canon and Toshiba would both require additional and/or replacement sofhvare. 3. Reliability - Xerox service is a known factor. Xerox technical support and on-site maintenance have been excellent, keeping our down time to a minimum. 4. Transition -.Maintaining the same vendor will allow for an easier move from our existing Xerox 4850 to the upgraded DP92C model. The upgraded Xerox model will increase our speed from 50 to 92 pages per minute and increase the resolution from 300 to 600 DPI. The 92C is also digital which should minimize the number of service calls required and shorten the down time due to repair. Xerox Proposed Cost To meet the requirements of City of Boynton Beach, Xerox Corporation is recommending the following Solution: · (1) new Xerox DP92C Laser Printer · DPCNTRLSB Controller Product Volume/Mo. 60-Month Lease Base Overa¢~eClick Suoolv Cost Price Maintenance Charqe Co~t Xerox DP92C NPS Printer 100,000 $5,428.57 Included .0059 Supplies including Black Toner DPS92CSW Developer and KT1 High cap feeder Fuser Oil included. HCST Output Stacker Red Blue and 48 Blue Blue Color Kit Green Toners also included based 48 Green Green Color Kit upon expected 48 Red Red Color Kit usage. (3) 4L9 CCU Carts High coverage may require (3) 4W0 CCU Kits Boynton Beach to DPCNTRLSB Controller purchase I NPS92 N PS software additional color toners. Trade Xerox 4850 Training Analyst* Pre and Post sale support Total Monthly System Cost $5,428.57 *Analyst Services include implementation planning, presale and post sale support, and forms conversion. The approximate time allocated is 40 hours. ** Supplies (consumables) include black toners developer and fuser oil for the printer. PUTNAM COUNTY ~.0. BOX PALAIKA, FLORIDA $2178 BOARD OF CO~ COMM~SIO~ (~8~ 329-0212 August 2~, 2002 Mr. Bob Ippolito, Account General Manager Xerox Corporation Florida Government & Education Ol~erations 2252 KiHearn Center Boulevard Tal[ahassee, FL 32309 RE: PUTNAM COUNTY BID NO. 97-02 Dear Mr. lppolito: Putnam County and Xerox Corporation are parties to a contract evidenced by the Award Letter datec~ March 3, 1997, as amenaecl by letters dated April 14, 1997, and August 7, 2002. These letters are attached hereto as Exhibit A and constitute the "Contract". This will confirm that Putnam County and Xerox Corporation have agreed to extend the Contract through September 30, 2004, on the terms set forth in the attached letters. Please sign below to confirm your agreement to the foregoing and return a copy to me for our files. Very truly yours, ~rator RGL/RDC/sr Attachment: Exhibit A ~/~ AGREED TO AND ACCEPTED THIS~_'_~_c~- D---AY OF AUGUST, 2002. XE, .I~ORPORATION . THE DOCUMENT COMPANY XEROX, Bob Ippolito, Ph.D. Account General Manager August 7, 2002 Ms. Maureen T. Torma, Director Putnam County Department of General Services PO Box 1647 Palatka, Florida 32178-1647 Reference: Putnam County bid contract, number 97-02 Dear Ms. Torma, Per our recent discussion, Xerox Corporation agrees to extend the subject contract for an additional two years, from October 1, 2002 through September 30, 2004, at discounted prices, and the same terms and conditions. In addition, effective immediately we agree to add the following products (with free supplies, except paper and staples) at reduced lease pricing for any new thirty-six (36) month lease orders: 21 page per minute - Xerox 5818 w/Automatic Document Feeder, Simplex, 2 Paper Trays, and a 10 Bin Sorter ~ $94.71 including 10,000 copies, 10,001 + copies at $0.0094 each; 31 page per minute - Xerox 5830 w/Automatic Document Feeder, Duplex, 2 Paper Trays, and a 10 Bin Sorter ~ $175.68 including 15,000 copies, 10,001+ copies at $0.0116 each; · 31 page per minute - Xerox 5830 w/Automatic Document Feeder, Duplex, 2 Paper Trays, and a 20 Bin Sorter/Finisher ~ $200.23 including 30,000 copies, 30,001+ copies at $0.006 each; · 55 page per minute - Xerox 5855 w/Automatic Document Feeder, Duplex, 2 Paper Trays, and a 20 Bin Sorter/Finisher ~ $295.24 including 55,000 copies, 55,001+ copies at $0.0053 each; xerox co~io~ ~ ~RXo~x Florida Government & Education Operations 2252 Killenm Center Boulevnrd Tallahas~e, Florida 32309 Telephone 850-894-3310 Facsimile 850-894-3325 THE DOCUMENT COMPANY XEROX · 100 page per minute - Xerox 5100A w/Automatic Document Feeder, Duplex, 3 Paper Drawers, and a unlimited Collating/Finisher ~ $1,350.14 including 250,000 copies, 250,001+ copies at $0.0054 each; In addition to our equipment price list, we have added all of our consumable supplies and paper pricing to your Governmental Discount Prices, effective October 1, 2002. Effective October 1, 2003 some of the paper and consumable supplies prices may incur up to a 10% increase. Enclosed is your updated price list. Please let Ms. McClarney know when the renewal item will be placed before the County Commission. In the event there are any questions relative to the contract renewal, Ms. McClarney and I will be available. Thank you for the opportunity to continue working together during the next contract period. Best Regards, Xerox Corporation Bob Ippolito Enclosure c: Linda McClamey, Wattles Office Supply COMP~ XEROX PUTNAM COUNTY BOARD O1~ COUN'I~ COMML~SlONEI~ PA1.ATIO~ FLORIDA 32178-0758 ~) 32~205 XEROX CORPORATION 2409 Killarney Way Tallahtrvs~e, FL 32308-3118 Attn: Bob Ippolito Re: Clarification of Award Le~r This is to ctar~ our am~rd letter of Mar~k 3, 1997. In addition to your a~ard of the fl~ ($)classes for rental and I~a~e equipment, the Board of Putnam ~ approved Xerox pri~e lls~s for gorernme~tal gi~o~tnts to.purcha~, ltas~, rent and matnt~ duptlcating/p~g/vopying tquipm~ and tul~'~$ a~ It.d in Stction 7 of your re~7~ons#~ to our R~qutst For Proposals, number Putnam Co. PUTNAM COUNTY SOA PA LATKA, 32178 -0758 (904) 329-0205 ~reh 3, ] 997 Wattles Office Supply, Inc. 110 South 2nd Street Palatka, Florida 32177 RE: Bid 97-02; Copy Machines; Duplicating/Printing/Copy Equipment Dear Sirs: The Putnam County Board of County. Commissioners, in meeting assembled on the 25th day of February, 1997, considered the proposals received for the furnishing, delivery, installation and maintenance through purchase, lease, and rental, five (5) classes of copy machines and to establish price lists for governmental discounts to purchase, lease, rent, and maintain duplicating/printing/copying equipment and supplies that will be required by departments under the Putnam County Board of County Commissioners. After review, it was the decision of the Board to approve the staff recommendation and accept the proposals as follows: Mr. Copy Service, Inc. - low proposer for the purchase of copy machines, Classes 1-5 Xerox Corp. - Iow proposer for 36 month rental category for Classes 1-5 and the 36 month rental sub category. Xerox Corp. - Iow proposer in the 36 and 60 month lease for Classes 1-5, and pricing for accessory items as listed in the Xerox bid. Bill Phillips, Purchasing Director, will be in contact with you regarding this matter. The Board appreciates your willingness to submit proposals on these items for the County, and is looking forward to doing business with you. BOARD OF COUNTY COMMISSIONERS PUTNAM COLFNTY, FLORIDA Gary D. Adams, County Administrator BCC/ODA/nb xc: Purchasing Xerox Corporation -- Terms and Conditions Supplemental Terms and Conditions to Putnum County Request for Proposal Please note that the following clarifications, attachments, and the attached Xerox Corporation Terms and Conditions document are a part of our proposal. In the event there is a conflict between the attached Xerox Corporation Terms and Conditions and those of the bid, the latter shall prevail. Xerox Corporation Bob Ippolito Da ,~., _~.~..~ .,-V/ \~ / National Account Manager, State of Florida .~ j Page I Xerox Corporation -- Terms and Conditions GENERAL TERM AND CONDITIONS ......................................................................................................................................... 4 STATUS OF EQUIPMENT ....................................................................................................................................................................... 4 EQUIPMENT REPLACEMENT GUARANTEE ...................................................................................................................................... 4 TOTAL SATISFACTION GUARANTEE ................................................................................................................................................. 4 PLACEMENT, REMOVAL, AND RIGGING CHARGES ....................................................................................................................... 4 INSTALLATION DATE ........................................................................................................................................................................... 4 MAINTENANCE SERVICES PROVIDED .............................................................................................................................................. MAINTENANCE SERVICES EXCLUDED ............................................................................................................................................. GOVERNMENT AGENCY FUNDING .................................................................................................................................................... 6 REMOTE INTERACTIVE COMMUNICATIONS FEATURE (RIC FEATURE) ................................................................................... PURCHASE TERMS AND CONDITIONS ..................................................................................................................................... 7 TITLE AND RISK OF LOSS: ................................................................................................................................................................... 7 WARRANTY ............................................................................................................................................................................................. 7 DESCRIPTION OF SERVICES TO BE PROVIDED DURING THE WARRANTY PERIOD ............................................................... 7 WARRANTY EXCLUSIONS, LIMITATIONS, AND CLAIMS PROCEDURE ..................................................................................... 8 INSTALLMENT PURCHASE TERMS AND CONDITIONS ...................................................................................... 9 ABSOLUTE OBLIGATION ...................................................................................................................................................................... 9 PAYMENT TERMS AND FREQUENCY ................................................................................................................................................ 9 SECURITY INTEREST ............................................................................................................................................................................. TITLE AND INSURANCE ........................................................................................................................................................................ USE AND LOCATION OF EQUIPMENT ................................................................................................................................................ 9 DEFAULT .................................................................................................................................................................................................. 9 INCOME TAX INDEMNITY AND REPORTING REQUIREMENTS FOR TAX EXEMPT USERS ................................................... 9 MAINTENANCE SERVICES TERMS AND CONDITIONS .................................................................................................... 10 FULL SERVICE MAINTENANCE ("ISM") ......................................................................................................................................... 10 PERIOD OF ASSURED AVAILABILITY FOR MAINTENANCE SERVICES ................................................................................... 10 ISM MAINTENANCE SERVICES ........................................................................................................................................................ 10 FSM MAINTENANCE SERVICE EXCLUSIONS ................................................................................................................................. ! 1 CONTRACT TERM ................................................................................................................................................................................ 1 ! FULL SERVICE MAINTENANCE RENEWAL .................................................................................................................................... 12 FULL SERVICE MAINTENANCE EARLY TERMINATION CHARGES .......................................................................................... 12 EXCEPTIONS TO TERMINATION CHARGES ................................................................................................................................... 12 UPGRADES AND DOWNGRADES ...................................................................................................................................................... 12 MAJOR ACCOUNT CONTRACT LEASE PRICING ............................................................................................................ TITLE AND RISK OF LOSS ................................................................................................................................................................... 1 SECURITY INTEREST ........................................................................................................................................................................... !3 CONTRACT TERM ................................................................................................................................................................................ 13 INDIVIDUAL EQUIPMENT AGREEMENT TERM ............................................................................................................................. 13 PRICE STRUCTURE ..........................~ ................................................................................................................................................... 13 END OF TERM CUSTOMER PURCHASE OPTION ............................................................................................................................ ! 3 END OF TERM RENEWAL OPTION .................................................................................................................................................... 13 END OF TERM CUSTOMER RETURN OPTION ................................................................................................................................. EARLY TERMINATION AND TERMINATION CHARGES ............................................................................................................... l EQUIPMENT RETURN .......................................................................................................................................................................... 1 Page Xerox Corporation -- Terms and Conditions RENTAL TERMS AND CONDITIONS .............................................................................................................................................. 15 DESCRIPTION OF SERVICES PROVIDED ......................................................................................................................................... ! 5 TITLE AND RISK OF LOSS ................................................................................................................................................................... REMEDY ................................................................................................................................................................................................. EQUIPMENT UI~RADE AND DOWNGRADE ................................................................................................................................... ! RENTAL RENEWAL .............................................................................. RENTAL CANCELLATION ................................................................................................................................................................... 1 Page 3 Xerox Corporation -- Terms and Conditions GENERAL TERM AND CONDrrlON-q STATUS OF EQUIPMENT The Equipment provided under this contract are defined as follows: 1. Newly Manufactured Equipment is newly assembled Equipment which may contain some reprocessed components that meet new component test standards, and comply with product performance and reliability specifications. The customer is the first user of Newly Manufactured Equipment. 2. Factory Produced New Model Equipment is newly serialized equipment with new features and I or functions. It is disassembled to a Xerox pre-determined standard and contains new, reprocessed, and / or recovered parts that meet product specifications. The Customer is the first user of the Factory Produced New Model Equipment. The pumhase warranty for factory produced new model equipment is identical to the warranty for Newly Manufactured Equipment. EQUIPMENT REPLACEMENT GUARANTEE XX MONTH GUARANTEE'. Equipment offered as ot b[d opening may not be available for the full term ot the contract. Xerox will provide newly manufactured equipment for the initial 12 month (XX) contract period. If a product is discontinued during the contrct extension / renewal pedod, Xerox reserves the right to fill orders with a similar replacement product at the then current price. In the event the substitution of the replacement product or pdce is unacceptable to the State, Xerox reserves the right to offer a replacement configuration, at the then current price. If the customer rejects the replacement equipment and price, Xerox reserves the dght to remove the equipment from the contract without penalty. TQTAL SATISFACTION GUARANTEE lf you are not totally satisfied with any Xerox Equipment ordered under this agreement, Xerox will, at your request, replace it without charge with an identical model or a machine with comparable features and capabilities. This Guarantee will be effective for 3 years following Equipment delivery, unless the Equipment is financed by Xerox for more than 3 years, in which event it will be effective during the entire term of Xerox financing. This Guarantee applies only to Equipment which has been continuously maintained by Xerox or its authorized representatives, and is not applicable to Equipment damaged or destroyed by an Act of God. PLACEMENT. REMOVAL AND RIGGING CHARGES 1. PLACEMENT: Shipment of Equipment will be made by common carrier and delivered uncrated to the point (room) of installation and installed without charge. Placement Charges will be paid by Xerox, exclusive of excess rigging charges which Xerox will bill to the Customer. Expenses resulting from carrier delay or aborted delivery caused by the Customer shall be paid by the Customer. 2. REMOVAL: Equipment under a Rental Agreement shall not be subject to Equipment Removal charges upon termination of Rental Agreement and removal of such Equipment. Removal charges will be paid by Xerox, exclusive of excess rigging charges which Xerox will bill to the Customer. Expenses resulting from carrier delay or aborted removal caused by the Customer shall be paid by the Customer. 3. RIGGING: Any delivery to or removal from the point of installation where adequate access is not available, requiring movement of Equipment up stairways, through windows, etc. and where rigging is required, will be quoted and billed separately by Xerox. INSTALLATION DATE The 'Installation Date' governs when Agreements become effective. The Installation Date is the date Xerox determines the Equipment to be operating satisfactorily as demonstrated by successful completion of diagnostic routines. P~e4 ' Xerox Corporation -- Terms and Conditions MAINTENANCI~ SERVICES PROVIDED If Xerox is responsible for providing Rental, lease, or Maintenance Services (except for Time end Materials), or Warranty Services: 1. Xerox will make all necessary adjustments and repairs to keep Equipment in good working order. 2. Parts required for repair may be used or reprocessed in accordance with Xerox' specifications and replaced pads are the property of Xerox. 3. Services will be provided during Xerox' established Service Availability hours and only within areas opened for repair service within the United States and its possessions. Normal Full Service Maintenance coverage is five (5) days per week, one (1) shift per day, Monday through Friday, 8:00 a.m. to 5:00 p.m., except national holidays. Work to be performed outside Xerox' regular working hours, if requested by the Customer, shall be provided on an 'as available' basis only at Xerox' 'After Hours" service rates. 4. The Customer shall permit Xerox to install, at no cost to the Customer, all retrofits designated by Xerox as mandatory or which are designed to insure accuracy of meters. 5. The Customer shall implement the most recent release(s) of Operating System Software to enable Xerox to properly maintain the Equipment. 6. Any developer used in the Equipment may be installed and removed only by Xerox (in accordance with Xerox' service policy). Removed developer will be disposed of by Xerox unless Customer requests otherwise. MAINTENANCE SERVICES EXCLUDED 1. The following are not within the scope of Services: a) After Hours Services not included in the Service Agreement/Price Plan. b) Provision and installation of optional retrofits. c) Services connected with Equipment relocation. d) Installation/removal of accessories, attachments, or other devices. e) Exterior painting or refinishing of Equipment. f) Maintenance, installation, or removal of equipment or devices not provided by Xerox g) Performance of normal operator functions as described in applicable Xerox operator manual(s). h) Performance of Services necessitated by accident, power failure, unauthorized alteration of Equipment or Software, tampering, service by other than Xerox, causes other than ordinary use, interconnection of Equipment by electrical, or electronic, or mechanical means with non-compatible equipment or failure to use Xerox Operating System Software. 2. If Xerox provides, at the request of the Customer, any of the services noted above, the Customer shall be billed by Xerox at the then current Commercial Time and Materials or After Hours rates. ' Page 5 Xerox Corporation -- Terms and Conditions GOYERNMENT AGENCY FUNDING The Customer states that it is its intent to make all required payments required to be made under this Agreement. However, in the event, through no action initiated by the Customer, its legislative body does not appropriate funds for the continuation of this Agreement for any fiscal year after the first fiscal year end it has no funds to continue this Agreement from other sources, this Agreement may be terminated. To effect the termination of this Agreement, the Customer shell, thirty days prior to the beginning of the fiscal year for which its legislative body does not appropriate funds, send Xerox written notice stating that its legislative body failed to appropriate funds. Such notice shall be accompanied by the payment of all sums then owed Xerox under this Agreement and the Customer shall return to Xerox, at the Customer's expense, the Equipment in good condition to a location designated by Xerox. The Customer agrees to pay for ail copy usage made on the equipment prior to its removal. Thereupon, the Customer will be released from its obligations to make ail further payments to Xerox. In addition, the Customer must certify in the foregoing notice that the canceled Equipment is not being replaced by equipment performing functions similar to those performed by the Equipment during the next ensuing fiscal year. Prior to electing to return the Equipment to Xerox, the Customer shall make a reasonable effort to find a viable assignee within the Customer's general organization that can continue this Agreement, and advisa Xerox of the results so that Xerox may process the necessary documents if the Customer is successful in finding such an assignee. In the event the Customer must return any Equipment pursuant to the terms of this paragraph, Xerox shall retain all sums paid under this Agreement by the Customer. REMOTE INTERACTIVE COMMUNICATIONS FEATURE ;RIC FEATURE1 1. Certain Xerox Equipment as indicated in the applicable Xerox price list has a Remote Interactive Communications feature capability consisting of hardware and/or firmware (hereinafter the 'RIC Feature'). At ail times title to ail items comprising the RiC Feature is and shall remain solely with Xerox. 2. Xerox grants to Customer a non-exclusive royalty°free fully paid license to use the RIC Feature in the United States with the provided under this agreement (the 'Equipment). Customer shall not remove, only in connection equipment alter, or disable the RIC Feature without Xerox' written consent and shell notify Xerox in writing of the new install location if the Equipment will be relocated. If Customer desires to transfer the title to Customer-owned Equipment Customer shall, prior to the title transfer date notify Xerox and permit Xerox to remove and/or disable the RIC Feature. Xerox reserves the right to remove or disable the RIC Feature at any time and for any reason. :3. Customer shall use all reasonable efforts to ensure that persons employed by Customer or under Customer's direction and control (including consultants) abide by the terms and conditions of this Agreement including, without limitation, not knowingly permitting anyone to use any portion of the RIC Feature in · manner not authorized by this Agreement and taking all reasonable steps to have such unauthorized use of the RIC Feature immediately cease. Customer agrees to notify Xerox in writing as soon as reasonably practical of such unauthorized use in the event that such unauthorized use continues after Customer becomes aware thereof. 4. Customer shall provide either a dedicated sole use telephone line or purchase a Phone Share Device for each unit of Equipment having a RIC Feature Page 6 Xerox Corporation -- Terms and Conditions PURCHASE TERMS AND CONDITIONS The following terms and conditions are in addition to the General Terms and Conditions. TITLE AND RISK OF LOSS: Non-direct Shipped Equipment: Title to the Equipment shall pass to Customer upon payment of the invoice. The invoice will constitute the bill of sale. Risk of loss will pass to the Customer on the Installation Date. WARRANTY 1. Commencing on the Equipment installation date, date of acceptance or date of receipt as defined herein, and continuing for ninety (gO) days, Xerox will maintain Equipment and any accessories that are included with the initial order, other than In-Place Equipment, in good working order during Xerox' established service availability hours pertaining to Equipment, at no additional charge. 2. Copier Cartridge Products Warranty - The Warranty duration is three (3) years from the date Customer receives the Equipment, less any months the unit was in a demonstration status. Voiding of Warranty:. If, during the warranty period, customer uses copy cartridges for the equipment other than unmodified new or recycled cartridges purchased from Xerox and/or the copy cartridge being used is modified from its original configuration, this warranty shall be void. If the warranty extension becomes void, customer may purchase from Xerox, if available, a service agreement or service at the then current 'l~me and Materials Rates. 3. Maintenance will include necessary adjustments and repairs, including replacement of parts on an exchange basis which Xerox determines to be unserviceable. Replacement parts may have been used and/or reprocessed. Parts replaced during the warranty period shall become the property of Xerox. If, during the warranty period, Xerox cannot restore Equipment to good working order within a reasonable time after Xerox is notified of Equipment malfunction, Xerox, at its sole option, will either accept return of Equipment and refund to Customer the full pumhase price paid therefor or replace Equipment with Equipment of comparable capabilities. If Xerox cannot maintain the Upgrade in good working order within a reasonable time after Xerox is notified of the Upgrade malfunction, Xerox will accept return of the Upgrade, or disable the Upgrade and refund to Customer the full pumhase price paid therefor, or replace the Upgrade with Equipment of comparable capabilities. 4. Accessory and Options Add-Ons: All accessories or options added after initial installation as well as model conversions, and upgrades including but not limited to Engine Conversions and Controller Upgrades receive the remainder of the mainframe warranty, if applicable. Otherwise, accessories, options, model conversions and upgrades are without warranty. DESCRIPTION OF SERVICES TO BE PROVIDED DURING THE WARRANTY PERIOD 1. The warranty period will commence upon the Installation Date and continue for the period as specified under Warranty. Services for the Equipment while it is under warranty will be provided at no charge. The warranty will apply only to the first purchaser from Xerox. 2. In addition to the remedies noted in General Terms and Conditions, if Xerox cannot maintain the Equipment in good working order during the warranty period, Xerox may, at its sole option, remove the Equipment and refund the purchase price to the Customer. 3. The service coverage dudng the warranty period will be consistent with the FSM coverage plan that has been contracted to take effect at expiration of the warranty Period at no additional charge to the Customer. In the event Customer does not sign an FSM contract, the service coverage during the warranty Period will be the minimum sewice coverage offered for the product.. Page 7 Xerox Corporation -- Terms and Conditions WARRANTY EXCLUSIONS. LIMITATIONS. AND CLAIMS PROCEDURE 1. Warranties set forth above shall apply only to the first purchaser of Equipment and Upgrade. 2. Services other than maintaining the Equipment in good working order due to a defect in Xerox materials or workmanship are not covered. 3. Customer agrees Xerox will not provide warranty services and the warranties set forth above shall be void if Equipment is placed in an area which does not conform to Xerox' published space, electrical or environmental requirements. 4. Customer agrees to provide Xerox representatives access to the Equipment and a telephone at no charge to Xerox. Customer agrees to have a representative on site when Xerox personnel are performing warranty service. 5. Customer claims conceming Xerox' failure to repair the Equipment pursuant to the warranties set forth above must be made in writing addressed to the Service Manager of the Xerox location providing warranty service pedaining to this Agreement. Such written claim must be sent to Xerox no later than thirty (30) days after Customer learns of the facts on which such claim is based. Page 8 Xerox Corporation -- Terms and Conditions INSTALLMENT PURCHASE TERMS AND CONDITION?, The following terms and conditions are in addition to the General and Purchase Terms and Conditions. ABSOLUTE OBLIGATION The Customer cannot terminate this Contract before the end of its term except as provided in the Govemment Funding paragraph of the General Terms and Conditions. In addition, upon written request to Xerox, the Customer also has the right to prepay the total remaining principal balance. Such prepayment shall accompany the prepayment form sent to the Customer by Xerox. Such prepayment eliminates the obligation to pay futura interest or finance charges pAYMENT TERMS AND FREQUENCY Monthly payments shall commence one (1) month after the Installation Date of the final unit pumhased under the Agreement and are due with or without monthly payment reminders from Xerox. SECURITY INTEREST The Customer grants to Xerox a purchase money security interest in the Equipment and all additions or replacements to the Equipment to secure payments due under this Agreement. The Customer agrees to promptly execute documents that Xerox deems reasonably necessary to protect its security interest. If the Customer fails to do so, Xerox shall have the right to sign such documents on the Customer's behalf. When such information ia not available from public sources, the Customer shall, upon Xerox' request, furnish a copy of the Customer's latest audited fiscal year-end financial statement. TITLE AND INSURANCE 1. Title to the Equipment shall pass to the Customer from Xerox or Xerox' assignee on the Equipment Installation Date. 2. The Customer shall maintain fire, theft and extended coverage insurance on the Equipment in an amount not less than the remaining unpaid principal balance and all such policies of insurance shall name Xerox as an additional insured under a standard mortgage or security interest clause. At Xerox' request, the Customer shall provide Xerox with - certificates of the insurance carriers which evidence such insurance coverage. I)~E AND LOCATION OF EQUIPMENT 1. Xerox may conspicuously mark Equipment to identify its security interest and the Customer shall place no conflicting mark or permit the Xerox mark to be removed. 2. The Customer shall not resell, lease, or lend the Equipment without prior written notice to Xerox and Xerox reserves the dght to accelerate payment of the remaining principal balance. Customer shall indemnify and hold Xerox harmless against assertions of interest in the Equipment by third parties. If the Customer does not pay the amounts due under this Agreement in a timely manner or breaches any term or condition of this Agreement, Xerox may require the immediate payment of the entire amount'of the unpaid principal balance, plus all other amounts due under the Agreement, less any uneemed charges. Xerox shall also have all rights and remedies of a secured creditor under the Uniform Commercial Code (or other similar law) of the state where Equipment is located and pursue any other remedies existing at law or in equity. No delay or failure of Xerox to exercise any right or remedy shall operate as a waiver of such right or remedy IN(,~OME TAX INDEMNITY AND REPORTING REQUIREMENTS FOR TAX EXEMPT USERS This Agreement has been accepted on the basis that Xerox shall claim that interest paid hereunder is exempt from federal income tax under Section 103(c) of the Internal Revenue Code of 1986 (Code). Relevant sections of the Code and Tax Regulations issued thereunder require that an issuer (Customer) report to the IRS all debt similar to this transaction periodically or annually as applicable. Customer agrees to file such reports. If Customer fails to do so then, subject to availability of funds, Customer, upon demand by Xerox, shall pay to Xerox the difference between the interest paid Xerox hereunder and the finance charge that would have been payable had Xerox applied to this Agreement the lowest generally applicable finance rate for its best Commercial Customers. Page 9 Xerox Corporation -- Terms and Conditions MAINTENANCE SERVICES TERMS AND CONDITION-~ FULL SERVICE MAINTENANCE ("FSM"} Xerox will provide Maintenance Service for the Equipment acquired vie the purchase or Installment Purchase option. FSM consists of the repair and/or replacement of parts and subassemblies to keep the Equipment in good working order as described more specifically in the Services Provided, Exclusions, and Remedy Paragraphs of the General Terms and Conditions. pERIOD OF ASSURED AVAILABILITY FOR MAINTENANCE SERVICES The Period of A~.~sured Availability for the Equipment and when it commences as well as the provision of Maintenance Services after the Period of Assured Availability, as available, are described below. 1. THE PERIOD OF ASSURED AVAILABILITY OF SERVICE: The Period of Assured Availability of Service from Xerox commences on the date of original title transfer from Xerox (Equipment Installation Date) or Term Lease Commencement Date whichever is eadier. 2. INITIAL PERIOD OF AVAILABILITY - Xerox will honor FSM orders which become effective on the date of pumhase from Xerox (or the expiration of the pumhase warranty, if applicable) for the initial period for all Newly Manufactured and Factory Produced New Model equipment as follows: · 5 Years; 5614, and 5334 , 7 Years: 5334, 5352, and 5365 3. EXTENDED .PERIOD OF AVAILABILITY - Upon expiration of the Period of Assured FSM Availability, Xerox, subject to its evaluation and/or inspection of the Equipment at Xerox' then published rates, may accept the renewal of FSM at its sole discretion, on an annual basis at the prices, terms and conditions then in effect for service unless Customer elects to obtain service through a Xerox Time and Materials Maintenance Agreement. The owner will receive a written estimate of charges to maintain FSM for the next twelve (12) month period. Estimate will be at then current Time and Materials rates. For Extended Period Service, Xerox does not represent that it will be able to maintain the Equipment in good working order, and the machine replacement provision described below does not apply to Extended Period Service. After the period of Assured FSM Availability expires, Xerox reserves the right to renew the FSM Agreement on a year to year basis. During Extended Period of Availability of FSM, either party may cancel FSM without penalty with thirty (30) days written notice. FSM MAINTENANCE SERVICES 1. Except as provided in Equipment Relocation Paragraph, there shall be no additional charges for maintenance except that the Customer shall pay at Xerox' applicable rates, as set forth in the Commercial Terms and Conditions applicable to Repair Service, all charges for maintenance and other service activities, or to pay for loss of or damage to a machine, caused by: a) use of the machine for other than purposes for which designed b) alterations and attachments c) operating in an inappropriate environment. 2. In addition to any other remedies Xerox may have, the Customer shall also pay at Xerox' applicable rates, as set forth under the Terms and Conditions for Repair Service, all charges for repair of damage, replacement of parts (due to other than normal wear) or repetitive service calls caused by use of inappropriate supplies. Repair service and parts shall be sdbject to issuance of separate orders. The Customer shall make available to Xerox at no charge the use of any machines, attachments, features, etc., not procured from Xerox but which are necessary for the proper maintenance of machines. The required pads, tools, and test equipment shall be provided by Xerox. Page 10 Xerox Corporation -- Terms and Conditions FSM MAINTE~NANCE SERVICE EXCLUSIONS Services other than maintaining the Equipment in good working order due to a defect in Xerox materials or workmanship are not covered by this Agreement. These non-covered services include, but are not limited to: 1. Repair of damage or increase in service time caused by failure to continually provide a suitable installation environment with all facilities prescribed by the applicable Xerox installation manual including, but not limited to, the failure to provide, or the failure of, adequate electrical power, air conditioning or humidity control; 2. Repair of damage or increase in service time caused by the use of the machines for other than purposes for which designed; 3. Repair of damage, replacement of parts (due to other than normal wear) or repetitive service calls attributed to causes other than ordinary use, including but not limited to accident, neglect, misuse or acts of God. 4. Repair of Equipment to which substitute or added machines are electrically connected if such machines cannot be readily disconnected electrically. 5. Repair of damage or increase in service resulting from machine substitutions or additions. 6. Repairs covered by the use of consumable supplies or an unauthorized modification of or attachment to the Equipment. 7. Operator training or performance of normal operator functions as described in Xerox Operator Manual(s); optional retrofits, modification or alteration of the Equipment without Xerox' prior written consent; services connected with adding or removing Xerox accessories, attachments or other devices without Xerox consent; Equipment malfunction or damage, or increase in service time or cost resulting from Customer neglect or Customer's modification or alteration of such equipment by any person (including but not limited to Customer) without Xerox' prior written consent; unique Customer applications or mechanical, electrical or electronic interconnection of the Equipment to any other equipment or device that is neither covered by a separate Xerox warranty nor furnished to Customer under a Xerox FSM Agreement; tempering; service by other than Xerox; sewices connected with Equipment relocation; exterior painting or refinishing of Equipment; maintenance, - installation or removal of Equipment or devices not marketed to Customer by Xerox. 8. If Xerox chooses to provide maintenance as a result of any of the above causes, Customer agrees to pay for such maintenance at Xerox' then current Time and Materials rates. CONTRACT TERM 1. If FSM Agreement pertains to a new installation of Equipment pumhased from Xerox, the Effective Date of this Agreement shall be the Equipment Warranty Expiration Date. If no Xerox warranty was applicable to Equipment, the Effective Date of this Agreement shall be the Equipment Title Transfer Date. 2. This Agreement will be renewed for successive terms at the rates then in effect, unless terminated as provided herein at the end of the Initial or any Renewal Term. Renewals which would exceed the Period of Assured Availability for FSM will expire on the Period of Assured Availability expiration date. 3. The term of accessories attached to Equipment subject to FSM shall be concurrent with the term of the mainframe. 4. Unless permitted, termination of an Agreement by the Customer pdor to the expiration of its term or the breach of an Agreement by the Customer will result in Early Termination Charges being assessed as set forth herein. Such Early Termination is a material breach. 5. Except for Customer's breach, Xerox may terminate the Agreement only at the expiration of the Period of Assured Availability or any annual extension of such Period. Xerox will give the Customer at least thirty (30) days' prior written notice. $ Page 11 Xerox Corporation -- Terms and Conditions FULL SERVICE MAINTENANCE RENEWAL If an FSM renewal notice is not received, then, for the convenience of both the Customer and Xerox, the FSM will be continued. FSM prices will be the applicable current FSM rates for the FSM plan that was in effect for the Customer as of the last day of the previous Period of FSM. These rates will be billed until the renewal notice is received. The renewal notice, when received, shall be treated as confirmation of renewal and billing as described above will continue at the rates then in effect. I=ULL SERVICE MAINTENANCE EARLY TERMINATION CHARGES At least 30 days written notice must be given by the Customer to terminate an individual equipment FSM Agreement, either during or at the end of term, except for price plan conversions or equipment trades. Early Termination Charges, where applicable, will be invoiced in the amount of two (2) times the Customer's Monthly Minimum Charge; or for those plans with a Quarterly Minimum Charge, two-thirds (2/3) of that charge. The termination charge will be prorated if cancellation occurs during the last sixty (60) days of the Agreement. Proration will be on the basis of 1/60 of the termination charges specified above for each day after cancellation to the expiration date of the Agreement. EXCEPTIONS TO TERMINATION CHARGES 1. TERMINATION FOR LACK OF FUNDS -- If the funding authority of a State Govamment or Political Subdivision fails to appropriate funds to enable the Customer to continue payment of FSM, the Customer may cancel without termination charges provided Xerox receives at least 30 days prior written notice stating: a) the lack of appropriatedfunds as the reason for termination, or b) the Customer (machine user) has been disestablished or discontinued. 2. If the Equipment is installed under an FSM Agreement and is traded-in for another Product purchased from Xerox and an FSM Agreement is executed for the incoming Equipment at the time of the trade-in order, Termination Charges shall be waived. 3. After expiration of Assured Period of Maintenance Availability, Customer may cancel FSM Agreement at a.ny time upon advance written notice of thirty (30) days without penalty. 4. Accessories may be canceled anytime with thirty (30) days prior written notice, without Termination Charges, provided the accessory is removed from the mainframe. 5. Except as otherwise provided herein, Xerox may terminate this Agreement only at the expiration of the Period of Assured FSM Availability or any Annual Extension by 30 days prior written notice to the Customer. UPGRADES AND DOWNGRADES Equipment Upgrade(s) or Downgrades(s) will be subject to the Agreement at the FSM charges, as applicable, in effect at the time the Equipment configuration was modified. Neither the term of the Agreement nor the Period of Assured Availability will be affected by the addition of Upgrade(s) or Downgrade(s). Attachment or removal of items identified by Xerox as features, accessories, or supply items will not be considered an Equipment Upgrade or Downgrade. Accessory add-on Upgrades retain the original mainframe FSM period that has been contracted. Market Code Upgrade conversions require that a new FSM Agreement be executed. FSM prices for Upgraded or Downgraded Equipment shall become effective on the date capabilities are modified by Xerox. Page 12 Xerox Corporation -- Terms and Conditions MAJOR ACCOUNT CONTRACT LEASE PRICING TITLE AND RISK OF LOSS 1. The Equipment is and shall remain the exclusive property of Xerox or the Xerox assignee. 2. From the date that the Equipment is delivered to the Installed-at Address, the Customer shall have all risk of loss or damage to the Equipment arising from the Customer's fault or from the theft or disappearance of the Equipment. Xerox shall have dsk of loss or damage to the Equipment from all other causes. SECURITY INTEREST Customer agrees to promptly execute any documents, including financial statements, Xerox deems reasonable necessary to carry out this agreement or to protect, or enable Xerox to exercise it rights hererunder. Xerox may conspicuously mark equipment to show it is the owner thereof and customer may not place any conflicting mark on the equipment or permit the Xerox mark to be removed. C~)NTRACT TERM The term of this contract agreement shall be twelve (12) months from the date of contract award and shall expire on the last day of the twelth full calendar month. The prices listed on the attached exhibit will not increase during the term of the contract. INDIVIDUAL EQUIPMENT AGREEMENT TERM The term of the individual units of equipment placed under this contract shall run for a period of thirty-six (36) or sixty (60) months from the date of equipment installation. The Monthly Charge and Excess Usage Charges for the individual equipment placed under this contract will not increase during the thirty-six or sixty month agreement term. PRICE STRUCTURE During the term of each individual unit's Agreement, the monthly minimum payment ('Monthly Charge") is composed of charges for the use of the equipment, the equipment's maintenance, as provided in the Maintenance Services Provided section described in the General Terms and Conditions, and black toner, black developer, and fuser agent consumable supply items. The Monthly Charge also includes a monthly copy allowance based on the specific equipment offering and a common Excess Meter Charge for copies over the allowance. Monthly Charges will commence one month after the installation date and will be billed monthly in advance. Charges for excess copies will be reconciled at the account level and billed quarterly in arrears. END OF TERM CUSTOMER PURCHASE OPTION Upon written notice to Xerox, at least 30 days before the end of the individual equipment term and provided customer is not in breach, Customer may purchase the equipment at the end of the individual equipment agreement term at the Purchase Option Price, which is the then applicable Fair Market Value price for the equipment, together with any applicable taxes. When these amounts have been fully paid, the Major Account Contract term will terminate and title to the equipment will transfer to the Customer. Equipment purchased under this paragraph is deemed In-Place Equipment and will be sold on a strict 'AS IS, WHERE IS" basis without any warranty. END OF TERM RENEWAL OPTION Unless Customer provides written notice to Xerox at least 30 days before the end of the term of customer's intention not to renew individual units of equipment term, it will be deemed automatically renewed for one additional twelve (12) month period at the same price and on the same terms and conditions. END OF TERM CUSTOMER RETURN OPTION Upon expiration of the term, and provide Customer has not purchased the equipment, Customer shall return the equipment, together with any related Licensed Software. Xerox will pay all removal charges, other then excess rigging which will be billed to the customer. EARLY TERMINATION AND TERMINATION CHARGES Termination prior to the expiration of individual equipment agreement or breach of such agreement by customer shall result in Early Termination Charges being assessed equal to all Monthly Charges remaining in the individual Page 13 Xerox Corporation -- Terms and Conditions unit's contract term. Customer shall in any case, pay all prior invoices and unpaid Monthly Charges and Copy charges. I~qUIPMENT RETURN Upon expiration of the individual unit's Agreement term or upon early termination, customer shall return the equipment to Xerox in the same condition as when delivered to customer (reasonable ware and tear expected), together with any related Licensed Software Page 14 * Xerox Corporation -- Terms and Conditions RENTAL TERMS AND CONDITIONR DESCRIPTION OF SERVICES PROVIDED Xerox will provide Rental Services as described in the Services Provided/Exclusions/Remedy Paragraph of the General Terms and Conditions. TITLE AND RISK OF LOSS 1. The Equipment is and shall remain the exclusive property of Xerox or the Xerox assignee. 2. From the date that the Equipment is delivered to the Installed-at Address, the Customer shall have all risk of loss or damage to the Equipment arising from the Customer's fault or from the theft or disappearance of the Equipment. Xerox shall have risk of loss or damage to the Equipment from all other causes. In addition to the remedies noted in the General Terms and Conditions, if Xerox cannot put the Equipment in good working order or replace the Equipment with identical or comparable equipment, Xerox will terminate the Agreement with no further obligation on the Customer's part, except to pay for charges which accrued while the Equipment was available for use by the Customer. EQUIPMENT UPGRADE AND DOWNGRADE Equipment Upgrade is a change in the basic system and options of the Equipment on a not to exceed one-for-one basis that increases the Monthly Rental Base Rate. An Equipment Downgrade is a change in the Equipment that results in a decrease in the Monthly Rental Base Rate and may result in the billing of partial ETCs. Customer must sign a new Rental Agreement at Xerox' then current rates for a term not less than that of the current Market Code. RENTAL RENEWAL If a timely rental renewal notice is not received per the terms of the contract then, for the convenience of both the Customer and Xerox, the rental will be continued. Rental prices will be the applicable current rental rates for the rental plan that was in effect for the Customer as of the last day of the previous Period of Rental. These rates will be billed until the renewal notice is received. RENTAL CANCELLATION 1. Individual Rental Agreements may be cancelled without penalty upon by thirty (30) days pdor written notice. 2. Either party may terminate rental insofar as it pertains to accessories by thirty (30) days prior written notice to the other. Page 15 STATE/LOCAL PURCHASE AGREEMENT Exhibit I PRINTING SYSTEMS PUTNAM COUNTY Contract Nu~ber: 0713981-04 Contract Product Description Points Price DPCNTRLSB DP92C CONTROLLER 42 42,000 H8Y 8 GB TAPE DRIVE 1,900 KFE CONTROLLER STAND 1,250 KGT PCI TOKEN RING KIT 2,000 LRV 3D GRAPHICS KIT 1,500 MUL 36GB INT DISK DRIV 1 1,470 NC4 SCSI HOST ADAPTER 750 RSA-MIS3 MIS PRINT SOFTWARE 3 2,800 R3P 9.1GB EXT HARD DRV 2,150 TOKEN60 TOKEN RING KIT 0 VU9 TOKEN RING 2 1,495 1WH HOST CHANNEL UNIT 11 10,000 180HCU HOST CHA/~NEL UNIT 0 NOTE: Option to Purchase (OTP) Terms and Conditions, if required, are defined in the applicable Xerox Price List in effect at the time of the OTP order. As of May 16, 2003 68 STATE/LOCAL PURCHASE AGREEMENT Exhibit I PRINTING SYSTEMS PUTNAM COUNTY Contract Number: 0713981-04 Contract Product Description Points Price DP2KSW2 DOCUPRINT S/W 45 45,000 DP2KSW3 DOCUPRINT S/W 60 60,000 D5L PROGRAMMABLE BYPAS 15 13,500 P4T 7X10 KIT 5 4,600 VV7 DP180 CROP-CORNER TR 2 1,550 3VW MIDDLE MOD FEEDER 25 23,225 DP92C DP92 IPS/NPS 189 183,720 DP92LPS DOCUPRINT 92 LPS 220 213,680 DP92CSW DP92C OSS 25 25,000 HCSS PS STITCHER/STACKR 5 4,500 HCST PRINT SYS STACKER 0 BYPAS48N BYPASS TRANSPORT 7 6,300 FOOTSWCH FOOTSWITCH KIT 110 KT1 HIGH CAPACITY FEED 11 9,750 KW2 SIXTH SENSE ENABLE 0 PHOTOSHP PHOTOSHOP 825 XPRESS3 UPG TO XPRESS 3 500 XPRESUP3 DIGIPATH 3.0 20 25,100 4L9 CCU CART 1 580 4W0 CCU KIT 2 1.930 48BLUE BLUE COLOR KIT 0 48BROWN BR MATERIALS KIT 0 48CARDNL CARDINAL COLOR KIT 0 48CYA~ CYAN COLOR KIT 0 48GREEN GREEN COLOR KIT 0 48MAGENTA MAGENTA COLOR KIT 0 48RED RED COLOR KIT 0 48ROYAL ROYAL COLOR KIT 0 48RUBY RUBY COLOR KIT 0 48VIOLET VIOLET COLOR KIT 0 LPS92SW DP 92LPS SW 25 25,000 CM48-5 36-TR TAPE 32 31,360 DC09 DATA CENTER FONTS 0 DC26 DATA CENTER FONTS 0 DDIHI DYNAMIC DOC INTERF 3,000 ONLIN42 ONLINE W/4245 EMUL 11 10,000 PERCAB90 PERIPHERAL CABINET 4 3,920 T0H DISK CONVERSION KT 200 Y3M 4.0 GB RIGID DISK 7,730 37P 128MB FONT MEMORY 4 3,780 4GVG256 GVG 256 MB MEMORY 16 14,630 NOTE: Option to Purchase (OTP) Terms and Conditions, if required, are defined in the applicable Xerox ~rice List in effect at the time of the OTP order. As of May 16, 2003 71 9-15-03;~l:31AM;XEROX ;93058!~4754 ~ 2, ? THE DOCUMENT COMPANY XEROX September 15, 2003 Mr. Dale Sugarman Assistant City Manager City of Boynton Beach FI Dear Mr. Sugarman: This letter is in response to your request. It will cover two items. Why is Xerox proposing a Highlight Color printer and nnt a hlack and ~uhita odntar? Hnw is the mnnthht lease nam'nant determined? because it offers same type of service as the current equipment. It is much more technical than a printer'attached to a PC, rather the Utility Billing Application requires programming of forms, font usage and Iogos as well as an interface and support of 3"~ party applications that process on an AS400. The primary application is utility bills, which are pdnted in highlight color. Many departments send work to the printer requesting highlight colors as well. This printing is a fraction of the cost of full color printing and slightly higher than black and white printing. Boynton Beach was offered a black and white printer at substantially lower cost but that option was refused due to several reasons: Boynton would require preprinted forms at substantial cost increase over plain white paper that is now used and changes to the bill format would require cosily changes to prepdnted forms and potential waste. The highlight color printing capability gives utilities the option of changing bill formats without issue. The paper management and programming management issues are not desired. Boynton would also not be able to offer its departments highlight color printing which is standard now. Utilities is looking to ex. pand its services to departments with the new printer not reduce them. The new pdnter offers greater quality and 3 highlight color options compared to one on the present printer. As a reference, the Xerox black and white pdnter option is less than $3,000.00 per month. In summary, the competition can offer a lower pdce, but it does not meet your requirements and is higher than Xerox's price for a black and white solution (Ikon). The Toshiba offering is not even in the ballpark as a solution. Financial calculations are as follows: Attached is a form that describes leasing through Putnam County. Total equipment cost per the Putnam County Contract is $268,000.00 This is referenced by the price list sent to Tony Penn Training and Consulting $ 2,500.00 Monthly payment $5,428.56 Xerox Cortwn~n ~ 15150 NW 79 Cowt Miami l~it~s, FI. ~3016 T~p~ J05~l ~ F~ 30~18~69 SOUTHE~ 5TA~ 9--15-03;~1;31AM;XEROX ;93058~84754 ~ 3 THE DOCUMENT COMPANY XEROX Less monthlymai~enancecomponent $1,825.00 Base $1,275.00 lO0,O00clicks $ 420.00 lO0,O00supplies $ 130.00 Net monthly lease cost $3,603.56 X 60 months $216,213.60 Net contract discount $ 54,286.40 I am sorry for any miscommunication; I thought this was all worked out. Please note that I was rushed this moming and if you have any further questions I am available immediately via cell at 954 907-1493. Peter Nemeth Production Systems Executive Xeroz Corporation 15150 NW 7~ Co~a,t M'u~ai l.a~s, lq. 3301~ XEROX. High End Systems Printing (IPS & NPS) Price List Equipment Sale and Systems Services Effective 9/01/2003 (Supersedes 8101/2003). State and Local contract period 2002-2003. S&LContract Periods - S&L prices may vary based on the State Contract Periods, usually 711 or 1011. if not differentiated, the State and Local pricing is the same as Commercial. Market Code/ Purchase Product Code Descripl~on Pdce G3G 100 Mb Ethernet 795 · A maximum of one additional Ethernet network card can be supported in the Sun Controller for NPS. !MII-AUI MI I/AU] Converter Option (98K59610) N/C · Required for thick E-Net envir.onm, ants ......... P5V 10/100 M B Ethernet connectivity N/C · Onl~, one network conne,cfion can be active at one time. Ultra 2 Controller Optional Accessories and Kits N2K FDDI PWBA 2,624 ~· A maximum of two network cards (FDDi / Token Ring) can be supported in the Sun 'Controller for NPS. N0K Intemal 4.2 Gb Drive Option 1,470 · One additional internal drives may be added N2W Wide SCSI Host Adapter 1,255 512MEMUP 256MEMUP Memory Kit (KR4) 450 · Available only for PSCNTRLI. DocuPrint InUne Eddie Stapler INL-STPLR DocuPrint InLine Stapler, 75 sheet 32,000 Core Elements: (version 00) InLine Stapler 75 (PYG), InLine Stapler Ship Kit (498K05980) · Not available for DP92, 4050, 4850, 4090, or 4890 families. · Requires Programmable Bypass Transport: D5L for DPt80 families, or HBV for DP96, & 4635 families. · IPS / NPS software must have 8.0 version or hi~her. The SCST software level must be 2.02. High End Systems Printing (IPS & NPS): Systems Services - Includes Basic Services and Software Support · The 4/1/03 Commercial prices presented on this Pdce List are also the State/Local prices that will take effect on 10/1/03. · Bill Code - The first position of the service bill code identifies pdce offering eligibility: 5 = Commercial, 2 = State & Local and X means available for both. · Accessory (XGF1-3, XGF4PLUS, VPIDE, and W8U) pricing for Software Maintenance can be found in the Software Systems Services & License Fees section of this price list. * All required / optS. al ~ Agree. Type, Service Plan Name, Base Serv. Cvrg. and. Bill Code must be the same as the mainframe. Base BE Monthly Market Code/ Agree. Service Sew. Code/ Base Product Code Component Description Type Plan Nams Cvrg. MI Charge Print Charge ,ESP I PS & NPS! 92: System Ssr . , DocuPHnt IP$ & NP$ DP92 Standard Configuration ,.----~ DP92C DocuPrint IPS/NPS92 Printer Lease Volume 3 Yr 1 X 5 57T1-6/1 64(] (1 to ~,) .0042 S&L 1 X 5 2TT1-6/1 640 (1 to,~) .0042 Pdnt Allow 2 Yr 1 X 5 52K2-6/1 4,46C (1,100,001 to =o} .0036 i S&L lX5 22K2-6/1 4,46(~ (1,100,001 to~o).0036! Print Allow 3 Yr 1 X 5 51G3-6/1 2,29(~ (400,001,to ~,) .0040 ! S&L 1 X5 21G3-6/1 2,29(] (400,001 to~.) .00401 Page 7 of 24 INPEQ XERO High End Systems Printing (IPS & NPS) Price List Equipment Sale and Systems Services Effective 910112003 (Supersedes 8/01/2003)_ State and Local contract period 2002-2003. S&L Contract Periods - S&L prices may vary based on the State Contract Periods, usually 7/1 or 1011. If not differentiated, he State and Local pricing is the same aa Commercial. High End Systems Printing (IPS & NPS): Systems Services - Includes Basic Services and Software Support · The 411/03 Commercial prices presented on this Price List are also the State/Local prices that will take effect on 10/1/03. · Bill Code - The first position of the service bill code identifies price offering eligibility: 5 = Commercial, 2 = State & Local and X means available for both, · Accessory (XGF1-3, XGF4PLUS, VPIDE, and W8U) pricing for Software Maintenance can be found in the Software Systems ~ Services & License Fees section of this price list. * All required I optional acce_-___eory Agree. Type, Service Plan Name. Base Serv. Cvrg. and Bill Code must be the same as the mainframe. Base Bill Monthly Market Code/ Agree. Service Serv. Code/ Bass Product Code Component Description Type Plan Name Cvrg. MI Charge Print Charge Non- Volume I Yr 1 X5 590111 690 (1 toM) .0042 Lease S&L 1 X5 290111 690 .... (1 to=) .0042 Volume 3 Yr 1 X 5 5903/1 640 (1 to ~) .0042 S&L 1 X5 2903/1 640 (1 to~) .0042, Print Ailow 1 Yr 1 X 5 59Ul/1 2,475 (400,001 to-,) .0040 S&L I X5 29..Lllll 2,475 (400,001 to=).0040 Pdnt Allow 2 Yr 1 X 5 5982/1 4,460 (1,100,001 to ,=) .0036 S&L 1 X5 2982/1 , 4,4,60' (1,100,001 to,-).0036 Print Allow 3 Yr 1 X 5 59U3/1 2,290 (400,001 to-) .0040 S&L 1 X 5 29U3/1 2,290 (400,001 to ~) .0040 DocuPrint IP$ 8, NPS 92 Rec uired Accessories DP92CSW DocuPrint 92 IPS I NPS 330 ~ NIA Software Note: Monthly Base Charge includes: Operating System and PCL/Postscript ::)ata Stream DocuPrint IPS & NP~ 92 Printer Output Module HCSS Stitcher, 2000 Sheet High N/A , The Followin~l Accessories are N,o,,Char~e: HCST DocuPrint IP$ & NF'8 92 Printer Rec]ulred Color IGt Selections & Color Charitable Unit~ ICCU} CW0 Color Changeable Unit Kit I I I ........ i , I 251., N/A The Following Accessocles are No Charge: 4L9, 48RED, 48BLUE, 48GREEN, 48CYAN, 48MAGENTA, 48CARDNL, 48ROYAL, 48RUBY, 48VIOLET, 48BRO, WN DocuPrint IP8 & NP8 92 Printer Optional Accessories IYPAS48N Bypass Transport ....... 701 N,'A The Followin~ Accessories are No Charge: KW2 Page 8 of 24 INPEQ XERO)C High End Systems Printing (IPS & NPS) Price List Equipment Sale and Systems Services Effective g/01/2003 (Supersedes 8/01/2003). State and Local contract pedod 2002-2003. ~&L Contract Periods - S&L prices may vary based on the State Contract Periods, usually ?11 or 10/1. If not differentiatad, the State and Local pricing is the same as Commercial. Controller S~tem Services Order Detail and Options FIIgh End ~ystems Printing (IPS & NPS): ~ystems Services - Includes Basic Services and Software Support ~ The 411/03 Commercial pdces presented on this Pdce List are also the State/Local prices that will take effect on 10/1/03. '* Bill Code - The first position of the service bill code identifies pdce offedng eligibility: 5 = Commercial, 2 = State & Local and X means available for both. · Controllers must have the same Extended Service base as its corresponding print module at no additional charge. · Accessory (XGF1-3, XGF4PLUS, VPIDE, and W8U) pricing for Software Maintenance can be found in the Software Systems Services & License Fees section of this price list. ~ NJ required I optional ac__~e~t~__ ry Agree. Type. Service Plan Name, Base Serv. Cwg. arK] Bill Code must be the same as the mainframe. Base Bill Monthly Market Code/ Agree. Service Serv. Code/ Base Product Code Component Description Type Plan Name Cwg. MI Charge Print Charge Printin~l S~mtmns Controller Standard Configurations DPCNTRLSB Printing Systems Controller Non Volume 1 Yr 1 X 5 5901/0 180 N/A PSCNTRI.3 Lease S&L 1 X5 2901/0 180 NIA PSCNTRLI , lpg, Controller Re;]uired Connaclivit~ Selection The Followin~l ,Accessories are No Charge: INPS92, DP92SW1,180HCU, TOKENSB, TOKEN60, 100ENET IP$ & NPS Contro!ler ,optional Accessories and Kits 1WH Host Channel Unit 100 N/A G3G 100 Mb Ethernet 55 N/A P5V 10/100 Mb Elhemet 55 N/^ Connectivit7 VV0 FDDI PWBA 35 N/A KGT PCI Token Ring Kit 30 N/A: VU9 Token Ring 30 N/A RSA-MIS3 MIS Print Software 15 N/A RSA-MIS2 H8Y 12-24 Gb 4 mm Cartridge 15 N/A Tape Drive The Following Accessories are No Charge: DP92SW1, N1K, R3P, VU8, MI I-AUI, NC4, MUL. LRV, KFE, DP92STND Ultra 2 Co~ttrollar OVal Acceesories and Kits N2K FDDI PWBA 35 N/A 9UR Token Ring PWBA 30 N/A N2W Wide SCSI Host Adapter... 10 N/A DocuPrint IPS to NPS Dual Mode Confl Durations 180DMX2N IPS to NPS Dual Mode 450 N/.~ I'80DUM2N II~'S to NPS Dual Mode 450 N//~ 4635DMX2N, IPS to NPS Dual Mode.. ............ 350 N//~ 4635DUM2N, IPS to NPS Dual Mode 350 N//~ DP96DMX2N, IPS to NPS Dual Mode 350 N/,~ DP96DUM2N, IPS to NPS Dual Mode 350 N/,~ DP92DUM2N, IPS to NPS Dual Mode 250 N/,~ 4890D,UM2N, IPS to NPS Dual Mode 250 N//~ Page 9 of 24 INPEQ SOUTHERN OPERATION PUBLIC SECTOR THE DOCUMENT COMPANY XEROX 15150 NW 79th COURT MIAMI LAKES, FL 33016 PHONE: (305) 818-4,341 /8'472-4,,'~1 FAX: (305) 818-.475'7/8*472-4757 FROM: "~'~.~.¢- # of pages being s6nt (including V.-CONSENT AGENDA ITEM B.5. CITY OF BOYNTON BEACE AGENDA ITEM REQUEST FORM Requ~-sted City C~nm-aJasion Dat~ Final F~ M~ ~ T~ R~ Ci~ Cmi~ D~ F~ F~ M~ ~ Tm~ ~ M~ D~ m to CiW Cl~'s ~ M~ D~ to Ciw Cl~'s ~ ~, 2003 ~my ~4, 2~3 ~) ~ ~ 7, :003 s~ ~, 2003 ~ 19, 2~3 ~4, 2~3 ~) ~ ~o~21, 2003 ~o~6, 2003 ~) S~ 2, 2003 ~ 1 S, 2~3 ~) ~ Nov~ ~, 2~3 ~ 20, 2003 ~) ~ 16, 2003 S~ 2, 2~3 ~) ~ Nov~ 18, 2~3 Nov~ 3, 2003 ~) [] Administrative [] Legal NATURg OF [] Announ~m~nt [] N~w Busm~ AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Cod~ ~mpliance/L~gal S~ntl~racnta [] Unfiaish~d Bumm~ RECOMMENDATION: -'": Motion to award Bid ~05~-2824-05/CJD, TWENTY OUTFALL STRUCTURES STORM~A~ IM~RO~NTS, to Marine Engineering Contractors, Inc. and to execute a co~ac~ resolution in the amount of $ 574,040.00. Also to approve an owner's contingency of 10~o i~]~ amount of $ 57,40~.00 for a total project budget appropriation of $ 631,444.00. EXPLANATION: Initially, the installation of the pollution control d~vices, described within this bid, wer~ incorporated in the INCA Stormwater Management and Water Main Replacement project. Due to tim~ constrainla placed on the installation of the pollution control devices by the Lake Worth Lagoon Grant Committt~, Commission approved making this a "stand alone" project on May 20, 2003. The City is r~eiviug $ :}25,000.00 in matching funds from the Lake Worth Lagoon Grant Committee for the construction/installation of the pollution control d~vices. PROGRAM IMPACT: Thirty-five pollution control devices will be installed at twelve various locations within the City in Intracoastal Waterway communities that are currently discharged into the Lake Worth Lagoon without treatment. The purpose of this project is not only to provide pre-treatment at the stormwater ouffall sites and improve the quality of water in the Lake Worth Lagoon; but, also to provide the communities with better stormwater management. S:~BULLETIN~FORMS~GENDA ITEM REQUEST FORM. DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Two competitive bids were received and opened by Procurement Services on September 11, 2003. The bids were submitted to Utilities for review and recommendation. Together with the design profession, Camp Dresser & McKee, Inc., we recommend Marine Engineering Contractors, Inc. (MEC) of Lake Worth, FL as the lowest, most responsive, responsible bidder who meets all specifications. Noted as an exception in the bid from MEC, was the possibility of permitting for water discharge from dewatering operations throughout all areas of construction, if discharge is adjacent to waterways. Utilities will assist MEC in obtaining these permits if they are required. FISCAL IMPACT: Funds are available in the following Utilities account: BUDGET ACCOUNT NAME BUDGET ACCOUNT NO. PROPOSKD AMOUNT Utilities/CIP - Sto~mwater 407-5000-590-96.07~ STM012 Con~ct Amount $ 574,040.00 Utilities/CIP- Storrawater 407-5000-590-96.07~ STM012 Continaency 10% $ TOAL BUDGI~ APPROVED $ 631~.00 ALTERNATIVES: Due to the specifications outlined for grant funding, there is no alternative. Delays may result in the denial of funds from the Lake Worth Lagoon Grant Committee. Kurt Bressner, City Manager Utilities ~~ Department Name City Attorney / Finance / Human Resources Attachments be: Dale Sugerman, Assistant City Manager Paul Fleming, Sr. Project Manager Mark Law, Deputy Utilities Director Barb Conboy, Manager, Utilities Administration Bill Atkins, Deputy Director of Finance File S:~BULLETEX~FORMSXAGENDA ITEM REQUF_,.~ FORM. IX}C RESOLUTION NO. R 03- A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING THE AWARD OF BID FOR TWENTY OUTFALL STRUCTURES STORMWATER IMPROVEMENTS, BID NO. 055-2824-03/CJD, TO MARINE ENGINEERING OCNTRACTORS, INC., IN THE AMOUNT OF $574,040.00; AUTHORIZING EXECUTION OF THE CONTRACT, AND PROVIDING AN EFFECTWE DATE. WHEREAS, on September 30, 2003, Procurement Services received a recommendation from the Utilities Department to award the bid for Twenty Outfall ;tructures Stormwater Improvements (No. 055-2824-03/CJD) to Marine Engineering ,'ontractors, Inc., who was the lowest most responsive bidder who meets all specifications; and WHEREAS, the installation of the pollution control devises described within this bid w ere initially incorporated i n t he INCA S tormwater Management a nd Water Main Replacement project, but due to time constraints placed by the Lake Worth Lagoon Grant Committee, the Commission approved making this a "stand alone" project; and WHEREAS, the City Commission, upon recommendation of staff, deems it to be in the best interests of the citizens and residents of the Ci~ of Boynton Beach, to award this bid (#055-2824-03/CJD), and enter into an agreement between the City of Boynton Beach and Marine Engineering Contractors, Inc., in the amount of $574,040.00. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: S:\CA\RESO/Agreements\Bid Awards~Bid Award - Madne Engineering.doc Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. Section 2. The City Commission of the City of Boynton Beach, Florida, upon recommendation of staff, hereby approves the award of bid (#055-2824-03/CJD), and enter into an agreement between the City of Boynton Beach and Mar/ne Engineering Contractors, Inc., in the amount of $574,040.00; authorizing the City Manager to execute a contract, a copy of which is attached hereto. Section 3. That this Resolution shall become effective immediately. PASSED AND ADOPTED THIS ~ day of October, 2003. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner ~_TTEST: City Clerk S:\CA\RESO~Agreements~Bid Awards\Bid Award - Marine Engineering.doc BID TITLE:TWENTY OUTFALL STRUCTURES STORMWATER IMPROVEMENTS BID NUMBER: 055-2f124-03/CJD PROJECT NUMBER: STM012 CITY OF BOYNTON BEACH, FLORIDA CONTRACT FOR CONSTRUCTION SERVICES THIS CONTRACT, made and entered into this ~ day of Octnher. 2003. by and between the CITY OF BOYNTON BEACH, a municipal corporation of Florida, hereinafter called the "CITY" or "OWNER" and MARINE ENGINEERING CONTRAC. TOR~. INC. a Florida Corporation (_X__) Check One a Florida General Parmership ( ) a Florida Limited Partnership ( ) a Sole Proprietor ( ) hereinafter called "CONTRACTOR". WITNESSETH A. 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: TWENTY OUTFALL STRUCTURES STORMWATER IMPROVEMENTS B. Contractor, in compliance with the bidding requirements announced by the City, submitted a bid on the I lth day of ~e.ntemher. 2Off]: for the total bid amount ors C. On the ~ day of Dg. lah~2fll~ 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 90 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-I 1. AGREEMENT 1.1. The Parties agree that: 1. I. 1. 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. 1.1.3. 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 mounts 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. Advertisement for Bids 2.2.2. Instructions for Bidders 2.2.3. Bid Proposal 2.2.4. Bid Bond 2.2.5. General Conditions for Construction (GC) - all references to "GC" shall be to section numbers 2.2.6. Construction Contract 2.2.7. Certificate of Insurance 2.2.8. Public Construction Bond 2.2.9. 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: 3.1.1. 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. Fumish 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 (1) year after completion of the Contract and receipt of final payment. CONTRACTOR shall make the necessary corrections within ten (10) days of receipt of the written notice. Comply with the provisions of Section 255.05, Florida Statutes, if applicable. Pay promptly, before final settlement, any and all claims or liens 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 forms to be utilized shall be supplied by CITY. 3.1.6. 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. 3.1.7. Obs6rve and comply with the provisions of the charter, ordinances, codes and regulations of the City of Boynton Beach, Florida. 3.1.8. Obtain written approval from the CITY of all subcontractors not disclosed in the Contractor's bid document. 3.1.9. Perform such other tasks as set forth in the Contract Documents. Co3 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 thereof, 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. 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 211 calendar days following the commencement date as specified in same. 5.2. 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 hereinbelow 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, ahd 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 $500.00 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 90 calendar 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 7.1. 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. 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. C-5 8.3. The execution of this Agreement by the CONTRACTOR shall obligate 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 9.1. 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. The CITY, without invalidating the Contract, may order extra work or make changes by altering, adding to or deducting from 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). 10.2. 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. The Project Engineer ("Engineer") is Cam? I~re.q.q & Mel~ [n('__ Aha D~M~Io~ C-6 11.2. 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. 11.3. As the Project Engineer is, in the first instance, the interpreter of the conditions of 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. Co7 15. REMEDY FOR DELAY 15. I. 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. 15.2. 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. 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) 15.5. 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-$ IN WITNESS WHEREOF, the CITY has caused these presents to be signed by its City Manager, attested to by the City Clerk with the Corporate Seal of the said CITY and the CONTRACTOR has executed these presence the day and year herein before written. Signed, sealed and witnessed CITY OF BOYNTON BEACH, FLORIDA in the presence of: City Manager Attest: Approved as to Form: City Clerk City Attomey Signed, sealed and witnessed CONTRACTOR in the presence off President or Vice President Attest as to CONTRACTOR State of Florida ) ) ssi County of Palm Beach ) On this ~ day of ,20 , personally appeared before me, duly authorized to administer oaths, known to be the persons described herein or who has produced as identification and who executed the foregoing instnmaent and has acknowledged before me that they have executed same. Notary Public My Commission Expires: C-9 Utilities Department City of Boynton Beach Project Management Team Interoffice Correspondence TO: Bill Atkins, DATE: September 30, 2003 Deputy Director of Finance FROM: Paul Fleming, ~ PHONE: 6487 Senior Project Manager PROJECT: Twenty Outfall Structures Stormwater Improvements Bid #055-2824-03/CJD SUBJECT: Recommendation of Contract Award bcc: File: 2.2 R. Kenyon B. Conboy K. Riseley Ana DeMelo, P.E. (via fax 561-689-9713) This office has reviewed the bid tabulation sheet and related information for the project/bid and hereby recommends contract award in accordance with the following data: Project Name: Twenty Outfall Structures Stormwatar Improvements Recommended Contractor. Madne Engineering Contractors, Inc. This is the Iow bidder for Bid ~055- 2824-03/CJD whose bid represents the most advantageous bid to the City, pdce and other factors considered. Award Amount: $ 574,040.00. A Contingency of 10% of the award amount, $57,404.00, will be set aside for unforeseen site conditions to be managed by the Senior Project Manager. The requested total funding authorization is $ 631,444.00. Account Number. 407-5000-590-96.07 STM012 Verification of Contractor Responsibility: The Utilities Department and the project consultant, Camp Dresser & McKee, Inc., have verified that Madne Engineering Contractors, Inc. (MEC) has performed successful similar constructior~ work for numerous municipalities including the City of Boynton Beach. MEC installed the City's Fluoride System for both the east and west water treatment plants. Compliance with the Plane and Specifications: As noted in the Agenda Item Request, a letter of exception from MEC stated several items for clarification purposes. One item of concern pertained to secudng additional permits. If additional permits are required, Utilities will assist MEC in obtaining these permits. Utilities Department City of Boynton Beach Project Management Team Interoffice Correspondence Client Office Concurrence: Bid results were discussed with Mark Law, Deputy Utilities Director, who has indicated his concurrence with the award recommendation to MEC. If you have any questions, please contact me at Ext. 6487. Attachments: Agenda Item Cover Sheet and Checklist Agenda Item Request Letter of Recommendation from CDM with Bid Tabulation Procurement Tabulation Sheet 1601 Belvedere Road, Suite 211 South West Palm Beach, Florida 33406 tel; 561 689-3336 ~'~ 7; fax: $61 689-9713 ~ ' Z 6 2~ September 24, 2003 ,~,,d ~:..~,~ltaij/~~,mv, ,,,_ Senior Project Manager Ci~ of Boynton Beach 124 East Woolbright Road Boynton Beach, Florida 33435 Subject: Twen~ Ouffa~ S~uc~res Sto~water Improvement Bid ~055-2824-03/CJD Evalua~on of Bids Dear Mr. Fleming: The bid opening for the Twenty Ouffall Structures Stormwater Improvement was held on Thursday, September 11, 2003 at 2:30 p.m. at the City of Boynton Beach City Hall. A total of two (2) bids were received, the tabulation of the bids and their respective bidder is summarized in the attached bid tabulation table. A summary of the two bids is provided below, along with their Grand Total Base Bid Amount, which is the basis of determining the apparent Iow bidder. Bidder Grand Total Base Bid $ 1. Marine Engineering Contractors, Inc. $574,040.00 2. Chaz Equ, ipment Company $699,125.00 Engineer s Estimate $466,371.00 The low bidder on the project is Marine Engineering Contractors, Inc. Each bidder supplied a bid bond or base bid. Each bidder acknowledged receipt of Addendum No. 1. Bids for the project are valid for a period of ninety calendar days from the bid opening day and expire on December 10, 2003. The difference between the two bidders was $125,085.00 or 21.7 percent. The engineer's opinion of probable cost prior to opening bids was $466,371.00 or 18.9 percent below the lowest bidder. The construction schedule for this project is ninety (90) consecutive calendar days as established in the contract documents. Marine Engineering Contractors, Inc. and Chaz Equipment Company proposed a longer duration for construction based on their analysis of the project site. A construction schedule agreement shall be reached prior to contract execution. consulting · engineering · construction · ol~erations Mr. Paul M. Fleming September 24, 2003 Page 2 The contract documents establish the Contractor's responsibility for obtaining additional required permits (Section GC-5, Page GCC-7). The City of Boynton Beach and CDM will assist the Contractor in securing additional permits. An Agreement defining the responsibility of each entity (Contractor, City and CDM) in respect to each additional permit shall be reached prior to contract execution. Marine Engineering Contractors, Inc. has been in business as General Contractors for 17 years. Based on previous CDM experience with the Contractor and the references that we contacted, we have determined that Marine Engineering Contractors, Inc. is a responsible Contractor, and is capable of undertaking and completing the contract in a satisfactory and timely manl2er. Accordingly, CDM recommends that the City award the construction contract to the lowest responsible bidder, Marine Engineering Contractors, Inc. of Lake Worth, Florida in the amount of $574,040.00 If there are any questions regarding the bids, the Iow bidder Marine Engineering Contractors, Inc. or our bid evaluation and recommendation, please contact our office. Very truly yours, Ana C. DeMelo, P.E. Camp Dresser & McKee Inc. ACD/bes Enclosures File: 6276-39256-014113] N:~6276~bs7737 doc Bid Tabulation Sheet Twenty Outfalls Structures Stormwater Improvements City of Boynton Beach Bid No. 055-2824-03/CJD Bid Opened: September 11,2003 at 2:30 PM Certified as correct: ~'~ :_.( "~.~..6,.. Date: '-'124-1 ~' ~ Marine Engineering Chaz Equipment Bidder Contractors, Inc. Company Bid Item Description 1 Mobilization/Demobilization, Bonds, $42,500.00 $40,000.00 Insurance, and General Requirements. 2 Shore Drive Baffle Box $9,600.00 $19,525.00 3 Ocean Inlet Drive Baffle Box $15,350.00 $30,250.00 4 NE 15th Place $100,100.00 $90,200.00 5 Lake Street East $83,000.00 $86,500.00 6 NE 20th Lane $108,050.00 $133,125.00 7 Potter Road $10,100.00 $23,250.00 8 Kempner Avenue $1,800.00 $9,000.00 9 Riviera Drive 1 & 2 $18,200.00 $29,900.00 10 ~Castilla Lane 1 &2 $83,200.00 $105,825.00 11 Isles Road 1&2 $8,290.00 $22,775.00 12 Brookdale Drive $6,200.00 $12,325.00 13 Greenbriar Drive $85,650.00 $88,950.00 14 Furnish and install sod (Floratam) $2,000.00 $7,500.00 G r a n d T o t a I ~ $574,040.00 ~ $699,125.00 NAME OF BID: "TWENTY OUFTFALL STRUCTURE STORMWATER IMPROVEMENT" BID DATE: SEPTEMBER 11, 2003 BID #: 055-2824-03/CJD STATEMENT OF "NO BID" LISTING Mora Engineering Contractors, Inc. Product schedule Would not allow us to 9660 W. Sample Road, Suite301 perform. Coral Springs, FL 33065 September 10 2003 The City of goynton Beaoh 100 E. Boynton Beach Blvd. Boynton Beach, Florida. 33435 Re: "TWENTY OUTFALL STRUCTURES STORMWATER IMPROVEMENTS" Bid No.: 055-2824-03/CJD It was an honor to receive your invitation to bid for the a0ove reference proje~'t. However, due to a suacten ohenge in our echedule with our present bide, we feel we might not be able to commit'to your project in due time. We sincerely Lnenk you for He opportunity to perti=ipete, Please Keep us in mina for your future pro~ects. Slnoerely, MOR~ ENGINEERIN~ OONTRACTORS, INC. Yakeline Ton'e~ Administrative A~siitant BIDDER ACIGNOWLE DGEMENT Submit Bids To: PROCUREMENT SERVICES 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 Telephone: (561) 742-6323 Broadcast Date: JULY 30, 2003 Bid Title: TWENTY OUTFALL STRUCTURES STOI~.MWATER IMPROVEMENTS Bid Number: 055-2824-03/CJ'D Bid Received By: SEPTEMBER 11, 2003, NO LATER THAN 2:30 P.M. (LOCAL TIME) Bids will be opened in Procurement Services unless specified otherwise. Bid receiving date and time is scheduled for: SEPTEMBER 11, 2003, no later than 2:30 P.M. (local time) and may not be withdrawn within ninety (90) days after such date and time. Ail awards made as a result of this bid shall conform to applicable sections of the charter and codes of the City. Name of Vendor: ~ARINE FNC. IIqEERINC. CONTRACTORS. INC. Federal I.D. Number: 59-2723622 A Corporation of the State of: FLORIDA Area Code: 561 TeDphone Number: 586-6999 Area Code: 561 FAX Number: 586-7077 Mailing Address: 19:il 10~h AVENUE NORTH Vendor Mailing Date: GREGOR · Name Typed BA-I TI:lIS PAGE TO BE SUBMITTED ALONG WITI-I PROPOSAL ADDENDA CITY OF BOYNTON BEACH FLORIDA BID TITLE: TWFNTY OUTFAIJ, ,qTRITC, TURI~,~ ~Tf}RMWATF, R IMPROVI~,MF, NT,q BIDDER: MARINE ENGINEERING CONTRACTORS, INC. DATE SUBMITTED: SEPTEMBER 11, 2003 We propose and agree, if this bid is accepted, to contract with the City of Boynton Beach, in the Contract Form, to furnish all material, equipment, machinery, tools, apparatus, means of transportation, construction, coordination, labor and services necessary to complete/provide the work specified by the Contract documents. Having studied the documents prepared by: CAMP DI~ESSER & MC KEE INC. (Name o f Project Manager/Architect/Consultant) and having examined the project site (when indicated in these specifications to do so), we propose to perform the work of this Project according to the Contract documents and the following addenda which we have received: ADDENDUM DATE ADDENDUM DATE 1 9/3/03 THIS PAGE TO BE SUBMITTED ALONG WITH PROI'OSAL IN ORDER FOR PACKAGE TO BE CONSIDERED COMPI.~TE AND ACCEI"rABLE A-! Bo 'nton Beach ?rocuremenl Serx'tcc$ [00 E Boynton Beach Boulevard Boynton Beach, Fiortda 33435 Phone t5611 742-6320 F. 4,¥. t56! 7426306 ADDENDUM #1 DATE: SEPTEMBER 3, 2003 BID TITLE: "TWENTY OUTFALL STRUCTURZS STORMWATER IMPROVEMENTS" BID NO.: 055-2824-03/CJD The following changes, additions, and/or deletions are hereby made a part of the Request for Bid for the "TWENTY OUTFALL STRUCTURES STORMWATER IMPROVEMENTS": DELETION: Item No. 1 - Technical Specifications Delete Section 01500, TEMPORARY FACILITIES AND CONTROLS, in its entirety without replacement. GENERAL COMMENTS/CLARIFICATIONS: Item No. 2 The Geotechnical Report providing subsurface conditions and geotechnical recommendations at the locations of proposed CDS structures is attached. Item No. 3 Contractor is to assume (and include in bid prices) that imported fill will be required to backfill the CDS structures and inlets in order to comply with the project's backfill and compaction specification requirements. THIS PAGE MUST BE SUBMITTED ALONG WITH RESPONSE IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE A-I Item No. 4 The manufacturer's representative for the proposed CDS units is Mr. Chris Landt (800) 848- 995.5 or (407) 681-4929. Item No. 5 A NPDES stormwater permit coverage for construction activity is not required for this project. The total disturbed area is less than one (1) acre and below the threshold for permit requirement. Best management practices to minimize soil erosion and sediment transport is required (hay bales, silt fence, turbidity barrier, etc.). The contractor shall remove sediment deposited at new and existing inlets and outfall pipes due to the construction activity. The City will inspect disturbed areas for erosion and sedimentation before final acceptance of construction. If you have any further questions or require additional clarification, please call Paul Fleming, Sr. Project Manager at (561) 742-6487. Sincerely, Bill Atkins Deputy Director of Financial Services /ktr cc: All Plan Holders Paul Fleming, Sr. Project Manager Demandstar.com File THIS PAGE MUST BE SUBMITTED ALONG WITH RESPONSE IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE A-2 BID PROPOSAL The Bidder agrees to accept as full pa.vment for the: T'~VENTY OUTFALL STRUCTURES STORMWATER IMPROVEblENTS BID #055-2824-03/CJD Scope of Wnrk: The City of Boynton Beach is seeking the services of a qualified contractor to furnish and install thirty-five (35) pollution control devices at various locations within the City of Boynton Beach in [ntracoastal Waterway communities as follows: famish and install ten (10) Type 'C' ditch bottom inlets; furnish and install twenty (20) "Drain Pacs" with PVC mesh liners (6.4 oz/yd2); furnish and install three (3) CDS baffle boxes - PMSU 20-20; furnish and install two (2) CDS baffle boxes - PMSU 40-30; and furnish and install approximately 700 linear feet of 12" HDPE and approximately 150 linear feet of 18" HDPE. Work will include but is not limited to permanent pavement trench repairs, asphalt overlays (mill and resurface), paver and concrete driveway repairs, sidewalk repairs, grout repair of concrete headwall pipe, and installation of sod as described in contract documents. TOTAL EVALUATED BID ITEMS 1 THROUGH 14 $ 574t040.00 (Total from Page BP-6 FIVE HUNDRED SEVENTY-FOUR THOUSAND FORTY AND 00/100 .... Dollars and NO Cents (amount written in words has precedence) THIS PAGE TO BE SUBMITTED IN ORDER FOR PACKAGE , TO BE CONSIDERED COMPLETE AND ACCEPTABLE BP-I Proposal Page continued ..... TWENTY OUTFALL STRUCTURES STROM%V:-kER IMPROVEMENTS SCHEDULE OF BID ITEMS ITEM DESCRIPTION EST UNITS L,"NIT , V,-kLU-E NO QTY COST Mobilization / DemobiLization, Bonds, Insurance, and General Requirements. Contractor shall be 1. limited to a maximum of eight percent (8%) of the total price bid. , , '~ SHORE DRIVE BAFFLE BOX , , Furnish and install permanent pavement trench 15 SY .,~O.~.~ ~/-~.'"' a. repair b. Furnish and install T~e 'C' ditch bottom inlet1 EA Furnish and install Drain Pac with PVC mesh Liner, I EA ~700. - ~?~ O, '- c. 6.4 oz/vd2 d. Furnish and install 4" Pvc drainage pipe 50 LF g.~', e. Asphalt overlav- mill and resurface 200 SY / g', - ,.?000, '- Subtotal 2. a. - e. ~g, Otg, '"' 3. OCEAN INLET DRIVE BAFFLE BOX a. Furnish and install brick paver driveway SY - £oo." b. Furnish and install Type 'G' ditch bottom inlet EA c. 6,4FurniShoz/vd2and install Drain Pac with PVC mesh liner, EA ~00. ~ 900. "' d. ! Asphalt overlay- mill and resurface q'~OO. - e. Furnish and insmlJ of 12" EM]? LF 5'0, - [ [ 2. I-0, "' f. Furnish and install of 12" DIP LF 'a. '- g. Furnish and insm{1 of 15" CMP 25 LF 5'2_" /~,~ ~, '- h. Furnish and install of 15" DIP 25 LF [ ~0," [ 7...CO. '" 4. NE 1~TM pLACE Furnish and install permanent pavement trench125 SY Zo - Z$'OO. a. ~epair ' b. Asphalt overlay- mill and resurface 250 c. Sidewalk r~air (~0.'"' d. :umish and install T~e 'C' ditch bottom inlet2 EA ].$'i90, S"bO6L '- e. Furnish and inst~!l 12" RCP 20 LF ~"o. ~ / 0 ~..._'" f. Furnish and install .t2" HDPE g. furnish i Su TI:lIS PAGE TO BE SUBMITTED IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE BP-2 " Proposal Page continued ..... T'~VENTY OUTFA. LL STRUCTURES STROMWA_ER IMPROVEMENTS SCHEDULE OF BID ITEMS 5. l LAKE STREET EAST t a. J Furnish and install CDS battle box - PMSU .t0-30 1 EA I _~"O/ b. ! Furnish and install 12" Clav Pipe 20 LF I c. i Furmsh and install 12" RCP 20 LF i 5"0. - d. Furnish and install 18" RCP 20 LF ! Subtotal 5. a.- d. 6. NE. 20TM LANE ' [ Furnish and install permanent pavement trench 165 SY · ::i: a. repair b. Asphalt overlay- mill and resurface 250 SY /~." i $5'"OOt '" e. ;idewalk repair 15 SY ~/~. - d. Furnish and install Type 'C' ditch bottom inlet 11 EA /7/1~ ~.'" I e. Furnish and hustall CDS baffle box - PMSU 40-30 EA I ~'0,0~0. f. Furnish and install 18" HDPE I 150 I LF ' g. Furnish and install 18" RCP [ 20 [ LF h. Furnish and install 15" RCP LF ,q'"O. "' (000, "- i. Grout repair concrete headwall pipe LS 2.~O~, - 2--aO~, - j. Brick and mud exi,ting 18" RCP 1 LS 3 Subtotal 6. a. -_i. 7. I POTTIER ROAD Furnish and install permanent pavement trench 50] SY ' ! repair b. Furnish and install Type 'ql' ditch bottom inlet EA ~/OiPO,'" "/00/.). '" Furnish and install Drain Pac with PVC mesh liner, EA ..- .._ c. 6.4 oz/vd2 ~0~, ,,2gOtT, , d. Furnish and install 12" qJMP LF ~0,- /000, - j Subtotal 7. a. - d. 8. KEMPNER AVENUE Furnish and install Drain Pac with PVC mesh liner, 2 EA 6.a oz/vd Subtotal 8. a. /6"~ · ~ THIS PAGE TO BE SUBMrrTED IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE BP-3 '- Proposal Pa~¢ continued ..... TWENTY OUTFALL STRUCTURES STROMWAER IMPROVEMENTS SCHEDULE OF BID ITEMS 9. ! RrVrERA DroVE 1 &2 I Furmsh and install permanent pavement Irc-rich 50 SY b. [ Asphalt overtav - mill and resurface 150 SY c. i Furnish and install Type 'C' ditch bottom inlet 2 EA d. ! Fum/sh and install 12" HDPE 20 LF e. I Furnish and install 12" CMP 20 LF fiI Furnish and install 18" CN[P 20 LF Furnish and install Dram Pac with PVC mesh liner, 4 EA. 10. CASTILLA LANE 1 & 2 Furnish and install permanent pavement trench 50 SY b. Asphalt overlay - mill and resurface 200 $¥ d. Furnish and install Type 'C' ditch bottom inlet e. Furnish and imtall CD$ baffle box - PMSU 20-20 f. Furnish ~d. install 12" HDPE 150 LF g. Grout repair concrete headwall pipe t h. i Furnish and install tide flOW check valve TF-2 i. Fum/sh and imtall Drain Pac with PVC meah liner, 2 EA 6.4 oz/vd~ 11. ISLES ROAD 1 & 2 Furnish and install Drain Pac with PVC m~lh liner, 4 EA b. A~phalt overly- mill and r~-faee 335 b. Asphalt overlay- mill and resurface 200 Sy c. Sidewalk repair d. Furnish and install concrete driveway repair Subtotal THIS PAGE TO BE SUBMITrED I~ ORDER FOR PACKAGE TO BE CONSIDERED COMP~JtTE AiND ACCEPTABLE BP4 ' Proposal Page continued ..... TWENTY OUTFALL STRUCTURES STROMWAER IMPROVEMENTS SCHEDULE OF BH) ITEMS _. 13. { GR-EENBRIAR DRIVE · j Furnish and install permanent pavement trench 50 SY a. repair ~O, '" /:aa, ~ b. t Asphalt overtav - mill and resurface 200 SY /~." ,gJFt~0. '-- c. t Sidewalk repair 15 $Y q'D." ~0, "- d. i Fun'fish and install Type 'C' ditch bottom inlet I EA ~0," ff'O~, ~ e. t Furnish and install CDS baffle box - PMSU 20-20 1 EA ~q~,O0~. '"' ~,3'~g)~ J fit Furnish and install 12" I-[DPE 155 LF '~1"0" 77)'~, -' g. [ Grout repair concrete headwall pipe I LS Y~(9~7,j J o ~ 0, '" h.[ Furnish aud install concrete driveway repair 25 $Y .~'/0~ ~ (' o o O, '-- ' I Subtota 13. a. - h. ,?3"6.q'~, J 14. Furnish and install sod CFloratam) 500 SY ~, '" 2-~:~0gL '" wot,,, v,,,uated id, th,ough $ S-? (enter this mount on Page BP-1) '(f,, N,,~,~,m) THIS PAGE TO BE SUBM1TFF, D IN ORDF, R FOR PACKA~ TO BE CONSIDEI~D COM~PL~T~ AND ACCF..A~Ai~LI~ BP-5 :~:. Proposal Page continued ..... The undersigned bidder agrees to commence work within ten (10) calendar days after the date of the "Notice to Proceed" and shall complete the work within OO calendar days after the commencement date. x Original and three (3) copies of bid submitted. x Attached is a computer generated horizontal bar chart showing proposed schedule of work. x Schedule of Subcontractors submitted. x Site Inspection Form submitted. x Evidence of possession of required licenses and/or business permits submitted. The undersigned bidder hereby represents that he has carefully examined the drawings and the Contract including all Contract documents and will execute the Contract and perform all its items, covenants and conditions, all in exact compliance with the requirements of the specifications and drawings. The bidder, by and through the submission of his Bid, agrees that he has examined and that he shall be held responsible for having theretofore examined himself as to the character of the route, the location, surface and underground obstructions, the nature of the ground water table, conditions and all other physical characteristics of the work, in order that he may thereby prov. ide for the satisfactory completion thereof, including the removal, relocation or replacement of any objects or obstructions which will be encountered in doing the proposed work. The bidder, by submission of this Bid acknowledges that the bidder has been advised that in the event bidder contests the award of this project to another bidder, that the bidder damages, if any, are limited to actual Bid preparation costs and bidder hereby waives any claim it may have for other damages coming from the City's failure to award the project bidder. THIS PAGE TO BE SUBMITTED IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE BP-6 Proposal Page continued ..... Date MARINE ENGINEERING CONTRACTORS, INC. (Name of bidder, Corporation. Firm or Individual) BY ~~Y~ .,S~i..~ tufaS,_..-''''_ GREGORY A. PEFLEY Printed Name VICE-pRESIDENT Title 56!-586-6999 Telephone Number Florida Contractor's License Number CGCA17728 THIS PAGE TO BE SUBMITTED IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE BP-7 CERTIFICATE AS TO CORPORATE PRINCIPAL I, CAROLYN PEFLEY , certify, that I am the Secretary. of the Corporation named as Principal in the within bond; that _..G_R..EGORY A. PEFLEY who signed the said Bid Bond on behalf of the Principal, was then VICE-PRESIDENT of said Corporation; that [ know has signature, and his signature hereto is genuine; and that said bond was duly signed, sealed, and attested for and in behalf of said Corporation by authority of its govemmg body. Secretary \ (corl~rate(~eal) 'S~T~L 0 RID A ) COUNTY OF PALM'~CH ) .-, Befov~a ~otary Pu'l~commissionech qualified and acting, personally appeared C.~ qm~,~ ~ Q> ~'~[.c,.[ to me well~~~~~'--first duly sworn upo.~ oa~.~, says · -' -r me ~ ~ that he has been Contractor named therein in favor for the Owner, the City of Boynton Beach. BIB- 4 STATEMENT OF BIDDER'S QUALIFICATIONS Each Contractor bidding on work included in these General Documents shall prepare and submit the data requested in the following schedule of information. This data must be included in and made part of each bid document. Failure to comply with this instruction may be regarded as justification for rejecting the COntractor's proposal. * attach additional sheets giving the information 1. Name of Bidder: MARTNF. ENGINEERING CONTRACTORS. INC. 2. Business Address: 1951 10th AVENUE NORTH LAKE WORTH) FLORIDA 33461 3. When Organized: OCTOBER 10. 1986 4. Where Incorporated: FLORIDA 5. How many years have you been engaged in the contracting business under the pre.sent fnma name? 17 YEARS 6. General character of work performed by your company. Tmn~Rc.~nTmn ITTTT.TTIES FOR MUNICIPAL AND PRIVATE CLIENTS-WATER, SEWER, AND STORM. 7. Enclose evidence of possession of required licenses and/or business permits. 8. Number of employees. 8 9. Background and experience of principal members of your personnel, including officers. I0. Bonding capacity. ONE MILLION 11. Have you ever defaulted on a contract? If so, where and why?* NO. THIS PAGE MUST BE SUBMITTED ALONG WITH PROPOSAL SBQ- ~ MARINE ENGINEERING CONTRACTORS, INC. GENERAL CONTRACTORS CG CA 17728 1951 lOth AVENUE NORTH, LAKE WORTH, FL 33461 (561) 586-6999 Fax (561) 586-7077 CITY OF BOYNTON BEACH-TWENTY OUTFALL STRUCTURES STORMWATER IMPROVEMENTS BACKGROUND AND EXPERIENCE OF PERSONNEL · President, Paul S. Pefley, Jr., General Contractor/Professional Engineer, primarily in Public Works Construction for 35 years. · Vice President, Gregory ^. Pefley, General Contractor/Building Inspector for 19 Years. · Santos Gonzales, Project Manager: All Construction -15 years. CONTRACTS ON HAND 1. Ibis To Baywinds Pipe Looping 2. Ongoing Projects For Lost Tree Village POA. 2 STATEMENT OF BIDDER'S QUALIFICATIONS continued ...... 12. Experience in per~rmance. Pr~ect S Value Contact Name Phone # Fluor±de Systems E & W WTP-Boynton Bch. $288,286 Bob Kenyon 742-6402 Pipers Landing Boynton Beach Ongo±ng Drainage & $100,000 Ted Herrle 772/283-7000 anit~ry L~S..Projs. Stuart ost %ree vil±age POA Ongoing Drainage & $500,000 Paul Sousa 622-7047 ~anltary L.S. Projs. North Palm Beach City of West Palm Beach E. Central WWTP $949~950 Dave Hol~z.P.E, 954/776-1731 AWT Pilot Project Camp Dresser McKee 13. Con~acts on hand. * 14. Largest completed projects (include final cost). 1) Cit)r of Lake Worth: NW Ballfield Improvements - $1.225.200 2) City of West Palm Beach: Ibis to Baywinds Pipe Looping - $919.090 City of West Palm Beach: AWT Pilot Plant - $954,849 3) 15. List ~1 lawsuits (design and/or construction related) or arbi~ations to which you have been a parry and which: * 1) arose ~om cons~uc~on projects: * 2) occurred wi~dn the ~ast ~ years: * 3) provide case number and style: * Datedat: 9:00 a.m. this 11 dayof SEPTEMBER 2003 By: 0~'itten signath.r~) / Name: GREGORY A. PEFLEY (printed or typed) Title: VT CF.-p~ F~ Tr) F,N'T R~,. 0~/30/02 THIS PAGE MUST BE SUBMITTED ALONG WITH PROPOSAL SBQ- 2 BIDDER'S SITE INSPECTION CONFIRMATION BID TITLE: T~VENTY OUTFAI,I, STRI;CTI;RER ~TORMW.-~TER IMPROVFMVNTS B~ ~ER: fl~-2~2a-flt/C.ln DATE: Before me, the ~dersi~ed authofiW, authorized to t~e ac~owledgements personally appe~ed: ~ %. ~~.~ ~ m autho~zed representative of: ~x~. ~%¢x%~mg K~~%k ~ina~er called the bidder) located at N~X K~ ~ ~m ~ ~ ~~ X~,~.~ md that said - ~ bidder h~ visited the site of~e work md h~ c~e~lly exmined the pl~s ~d specifications for s~d project ~d checked ~em in det~l before submiaing Ns bid or proposal. CITY EMPLOYEE SIGNATURE DAT~ oF IlqSPECTION T1HS PAGE TO BE SUBMITTED ALONG WITH BID IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE BSI- I NONCOLLUSION AFFIDAVIT OF PRhME BIDDER State of FLORIDA ) CouJqry of PALM BEACH ) GREGORY A, PEFLEY , being first duly sworn, deposes and says that: 1) He is VICE-PRESIDENT of MARINE ENGINEERING CONTRACTORS, INC. (Title) (Name of Corporation or Firm) the bidder that has submitted the attached bid: 2) He is fully informed respecting the preparation and contents of the attached bid and of all pertinent circumstances respecting such bid; 3) Said bid is genuine and is not a collusive or sham bid; 4) Further, the said bidder nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, has in any way colluded, conspirech connived or agreed, directly or indirectly with any other bidder, firm or person to submit a collusive or sham bid in connection with the Contract for which the attached bid has been submitted or to refi'ain from bidding in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communications or conference with any other bidder, firm or person to fix the price or prices in the attached bid or of any other bidder, or to fix any overhead, profit or cost element of the bid price or the bid price of any other bidder, or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the City. nf Rnyntnn l:l,,~,nh (Local Public Agency) or any person interested in the proposed Contract; and 5) The price or prices quoted in the attached bid am fair and proper and am not tainted by any collusion, conspiracy, connivance or unlawful ~ent on the part of the bidder or any of its agents, representatives, owners, employees, or parties in intereg, including this affiant. (Title) VlCv.-pRv. SlDV. NT Subscribed and sworn to before me THIS PAGE TO BE SUBMrrTED ALONG WITH Bll) IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEP'I~ABLE NCA- I ANTI-KICKBACK AFFIDAVIT STATE OF FLORIDA ) ' SS COUNTY OF PALM BEACH ) I, the undersigned hereby duly swom, depose and say that no portion of the sum herein bid will be paid to any employees of the City of Boynton Beach as a commission, kickback, reward of gift, dkectly or indirectly by me or any member of my firm or by an officer of the corporation. By: Sworn and subscribed before this \\.-~C~- day of~/~,_ , 20 0 Printed Information: C'.REC'.ORY A. PEIZI, EY NAME VICE-PRES LDENT N{~ar~eY PU~ C, State of Florida at MARINE ENGINEERING CONTRACTORS ~ INC. COMPANY "OFFICIAL NOTARY SEAL" STAMP THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE AKA-I CONFIR~MATION OF DRUG-FREE WORKPLACE IDRNTICA[, TIE. BIDq Preference shall be given to businesses with drag-free workplace programs. Whenever t~vo or more bids which are equal with respect to pr/ce, quality., and service are received by the City. of Boynton Beach or by any political subdivision for the procurement of commodities or contractual services, a bid received fi.om a business that certifies that it has implemented a drug-flee workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed if none of the tied vendors have a drug-free workplace program. In order to have a drug-fi'ce workplace program, a business shall: 1) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2) Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-flee workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3) Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4) In the statement specified in subsection (1), notify the employee that, as a condition' of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than 5 days after such conviction. 5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community by, any employee who is so convicted. 6) Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I cert~ that this_firm complies fully with the above requirements. O~ .~r ~^ , Ve~d~or' s Signature THIS PAGE TO lie SUBMITTED ALONG WITH PROPOSAL 13I OROER PAC GE TO cor sm .mm CO tPLEX Am> ACCEPTABLE DFW- 1 TRENCH SAFETY ACT AFFIDAVIT On October 1, t990, House Bill 3183, known as the Trench Safety, Act became law. Th/s incorporates the Occupational Safety, & Health Administration (OSHA) revised excavation safety standards, citation 29 CFR. S. 1926.650, as Florida's own standards. The Proposer, by virtue of his signature below, affirms that he is aware of this Act, and will comply with all applicable trench safety standards. Such assurance shall be legally binding on all persons employed by the Contractor and his subcontractors. The proposer is also obligated to identify his anticipated method and cost of compliance with the applicable trench safety standards. PROPOSER ACKNOWLEDGES THAT INCLUDED IN THE VARIOUS ITEMS OF THE PROPOSAL AND IN THE TOTAL BID PRICE ARE COSTS FOR COMPLYING WITH THE FLORIDA TRENCH SAFETY ACT (90-96 LAWS OF FLORIDA). THESE ITEMS ARE A BREAKOUT OF THE RESPECTIVE ITEMS INVOLVING TRENCHING AND WILL NOT BE PAID SEPARATELY. THEY ARE NOT TO BE CONFUSED WITH BID ITEMS IN THE SCHEDULE OF PRICES, NOR BE CONSIDERED ADDITIONAL WORK. IN ORDER TO BE CONSIDERED RESPONSIVE, THE PROPOSERS MUST COMPLETE* THIS FORM, I.E. IDENTIFY THE COSTS AND METHODS SUMMARIZED BELOW, SIGN AND SUBMIT IT WITH THEIR BID DOCUMENTS. GREGORY A. PEFLEY am~Propos~ Authorize Signature of Prop er *COMPLETION REQUIRES PROPOSERS TO FILL IN THE APPROPRIATE DETAILS UNDER THE FOLLOWING I-lEADINGS: Description Unit (~uantit7 Unit Price Extended Price Method Side Slope 1.f4 200 1.f. $10.00 $2,000.00 Trench Box 1.f. 200 1.f. $10.00 $2,000.00 Sheet Pile 1.f. 100 1.f. $100.00 $10,000.00 THIS PAGE TO BE SUBMrVrED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE TSA- 1 SAFETY PROGRAM COMPLIANCE Safety is a high priority in the conducting of business in the City of Boynton Beach. Preference shall be given to contractors with an established safety program following O.S.H.A. guidelines. and documented results establishing a safe working environment. 1. Bidder shall provide a copy of the Safety Program(s) to be in effect for the duration of the Contract (attach to the back of this form). 2. The City reserves the right to conduct periodic safety inspections of the contractor, subcontractor, employees, agents, etc. throughout the duration of the Contract. 3. The City reserves the right to terminate the Contract where it is determined that the contractor or subcontractor is in non-compliance of the safety terms, regulations or requirements established by O.S.H.A. or the State. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. A~-P,I~D SIGNATURE THIS PAGE TO BE SUBMITrED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE SPC- 1 o MARINE ENGINEERING CONTRACTORS, INC. GENERAL CONTRACTORS CG CA 1772~ 1951 loth AVENUE NORTH, LAKE WORTH, FL $$461 (561) $86-69~ Fax (561) 586-7077 September 10. 2003 City of Boynton Beach 124 East Woolbright Road Boynton Beach. FL 33435 Attention: Paul M. Fleming Senior Project Manager. Utilities Re: Bid of Marine Engineering Contractors, Inc. Bid #089-2821-03/JA - 9/11/03 ~ 2:30 pm 20 Outfall Structures Stormwater Improvements Dear Paul: There are several items that we document herein as part of our bid as follows: 1. Water discharge from dewatering operations throughout all areas of construction of this project may require permitting if discharge is to adjacent waterways. Any permits that may be required for this discharge will be obtained by the City of Boynton Beach and will be a condition in the submittal of our bid. 2. The amount of time allocated for this project is 90 days. However. we anticipate an additional 30 to 60 days will be needed in order to complete the project, which our bid assumes will be allowed. 3. Our company has considered the "Tremie" method for parts of this l:iroject to minimize damage to adjacent homeowners properties, landscaping, driveways. building foundations, etc. Our bid is predicated on the possibility that MEC max' incorporate'this technique in the installation of baffle boxes. Mr. Paul M. Fleming September 10. 2003 Page 2 4. Castilla Lane (Sheet C-7).:.. The installation of the 12" HDPE pipe from DBI #40 to baffle box #4 will require the total removal and destruction of Royal Poinciana and Robelini palms. Also. concerning the same area. the existing power pole and guy wires may require relocation. During the installation of the 12" HDPE outfall system from the baffle box to the head wall, major restoration and protection of the area between the two houses adjacent to the existing I0' easement will be required. All of the foregoing is factored into our bid cost for baffle box installation. Photographs are attached. 5. N.E. 20th Lane (Sheet C-4): Protection of existing underground utilities not shown on the plans is required for work in this area. Existing utility lines to be protected include sanitary sewer main and service lines, water mains and services. underground electric, and other utilities. Our bid considers the protection of all existing utilities in the cost for the installation of the baffle box. Photographs are attached. Sincerely, RA CTORS, INC. Gregory A.ll'etley Vice Presid'e~t PSP/csp Enclosures V.-CONSENT AGENDA CITY OF BOYNTON BEACH ITEM B.6 AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to Citw Clerk's Office [] August 5, 2003 July 14, 2003 (Noon.) [] October 7, 2003 September 15, 2003 (Noon) [] August 19, 2003 August 4, 2003 (Noon) [] October 21, 2003 October 6, 2003 (Noon) [] September 2, 2003 August 18, 2003 (Noon) [] November 5, 2003 October 20, 2003 (Noon) [] September 16, 2003 September 2, 2003 (Noon) [] November 18, 2003 November 3, 2003 (Noon) [] Administrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: A motion to award the "RE-KEYING VARIOUS CITY FACILITIES", BID#078-2511- 03/CJD to: CK's LOCKSHOP AND SECURITY of Boynton Beach, Florida in the amount of: $44,724.00. EXPLANATION: On August 5, 2003, Procurement Services opened three (3) proposals, one of which had two alternates for the Re-Keying Various City Facilities. The proposals have been reviewed and it was determined that CK's Lock Shop and Security was the lowest most responsive, responsible bidder who met all specifications. Jeffrey Livergood, Public Works Director concurs with this recommendation (see memo#03-121). PROGRAM IMPACT: The purpose of this Bid was to seek a contractor to re-key various locations within th~ity~' the purpose of security as well as access for maintenance. FISCAL IMPACT: The costs have been individually allocated to various account numbers by location. -- Deputy Director of Financial Services ' ~nager's Signature Procurement Servi~':es <~w Department Name City Attorney / Finance / Human Resources SSBULLETINLFORMS~.GENDA ITEM REQUEST FORM.DOC C: Rich Fiege - Facilities Manager File DEPARTMENT OF PUBLIC WORKS Memorandum No. 03-121/REVISION TO: Bill Atkins, Deputy Finance Director / Procurement VIA: Jeffrey Livergood, Director of Public Works ~Iit Christine Roberts, Assistant Director of Public Works FROM: Richard A. Fiege, Facilities Management Supervisor DATE: October 14, 2003 SUBJECT: Re-Keying of Various City Facilities - Bid Award Bid #078-2511-03/CJD Facilities Management is recommending awarding this bid to the low bidder, CK's Lockshop and Security, for a total of $44,724. Funding was allocated in the FY02/03 CIP Budget and will be reallocated to FY03/04 in a CIP Budget Amendment. The total budget reduction because of favorable bids will be $57,846. Attached is a breakdown of locations, number of locks, budgeted amount, and bid amount for a comparison. A requisition has been entered and approved in H.T.E. pending Commission Approval. But, if you have any questions or need any additional information please contact me at Ext. 6020. PL/RAF/pl Copy: Diane Reese, Director of Finance PW Files REPORT on Re-Keying of Various City Facilities No: Of Looks B~:Amount: City Hall & Chambers 75 $11,100 $4,650 East Wing 45 $6,600 $2,790 West Wing 58 $8,580 $3,596 Police Department 100 $14,800 $6,200: Fire Station #1 and Fire Administration 40 $5,920 $2,480 1913 Schoolhouse Museum 23 $3,400 $1,426 Kid's Kingdom Restroom Building 2 $300 $124 Art Center (Recreation Activity Center) 26 $3,850 $1,612 Civic Center 25 $3,700 $1,550 Madsen Center 11 $1,600 $682 Animal Shelter 4 $590 $248 Mangrove Park Restroom Building 2 $300 $124 Boat Club Park - Clubhouse Building 4 $600 $248 Boat Club Park- Restroom Building 1 $150 $62 Boat Club Park- Guardhouse Building 3 $400 $186 .P.W. #1 Building (PW Adm/Whse/Fleet) 33 $4,900 $2,046 ~P.W. #2 Bldg. (Solid Waste/Streets/Trans./Facilities) 30 $4,400 $1,860 P.W. #3 Building (Forestry/Parks) 15 $2,200 $930 Hester Park - Community Center Building 45 $6,600 $2,790 Hester Park - Concession Building 6 $900 $372 Hester Park - Tennis Building 5 $700 $310 Galaxy Park Restroom Building 2 $300 $124 Palmetto Green Park Restroom Building 2 $300 $124 Pioneer Canal Park Restroom Building 1 $150 $62 Sara Sims Park Office/Restroom Building 2 $3001 $124 Wilson Center 17 $2,500! $1,054 Wilson Pool Building 12 $1,800! $744 Congress Avenue Park - Tennis Center 9 $1,300 $558 Fire Station #3 4(~ $5,900 $2,480 Pistol Range 151 $2,200 $930 Meadows Park Restroom Building 4~ $600 $248: Little League Park Restroom Building 0 $200 $0 Pence Park Restroom Building 3 $450 $186 Senior Center 12 $1,700 $744 Fire Station #2 10 $1,480 $620 City Hall in the Mall 0 $300 $0 Oceanfront Park - Headquarters Building 3 $450 $186 Oceanfront Park - Restroom Buildings (Mens & 2 $300 $124 Oceanfront Park- Concession Building 2 $300 $124 Oceanfront Park - Guardhouse Building 1 $150 $62 Rolling Green School Park Restroom Building 0 $300 $0 SIXTY (60) PADLOCKS - KEYED ALIKE 0 $0 $1,944 690 $102,570 $44,724 mZZ~ ~ ~00 , _ _~ m~ ~z ~ 0 ~ 0 ~ ~ ~i ~ ~ m ~ ~ ~ 0 ~ z ~ ~ ~C m~ o© 0 ~~Ol~ O~ -- ~~~ C m ~zLo 0 0 0 0 0 0 0 0 0 0 010 0 0 0 ~ ~ ~ ' 000 ~ m · o~- ~ o ~ ~ < ~ ~~ ~ ° ~8' 8!~ > 8D8888~o~o 8~~©~ _. _ ooo~: oooo i~ w z ~=~' o o 0 om ~ z Coz -~ co 00m ~~ ~ ~ ITl ~ ~ mm z_m m m -- m -o~ ~ ~ ~ -n m 0 0 m~ ~. ch:> ::x: -o m ~ z o o~ ;0 o~> o ~ '1'1 m ~ o ~m-~o~-~> 0 0 -o ~ Z "n m z ~ -~ >0 0 ~ c') ~ -~ m, ~! 0~ ~_~ -- __ I'n =11 m m m~ z > m .. - m c ~ m o© 0 m _ · 03 z _q _rn _~ ~_~ ITl ~ 03 m ~ --I ~D Zm >~,z ~ rn =S~ · m -- c mO m --I z~r. ~-~ o ,~=~ m ~o~.z < > -< o m< o o m m m × 0~ z ~ ~- oi c~ ,~.(n z0 ~ m => ~ --~ > ~ ~ ~ :3 X 0 '-< --" - ~ o m 0 zz o~ o ~ ~ °'-': ' o~:- -~o ZiZ Z < < 0 , , C~o~ ~- < C ~0~ Z0 ~ >~ m m > ~ m ~, o~ ~ ~ o o~;° ;0 C) _. 0 0 ~ o r- mo ~I 20 o '-u "u ITl z~ 6'3 o zz '~2- mm -u¢ ~ ~--4 ~o ~ ~ > ~ m ~ O~m ~x ~ ~~ o ~ ' ~ ~m m ~'~ ~' ~ -- x q~ g[ o, ~. m~ ~>~ · ~ m ~ > ~ ~ ~ oi m THE DOCUMENTS BEHIND THIS PAGE MUST ACCOMPANY PR OPOSAL IN ORDER FOR SUBMITTAL TO BE CONSIDERED COMPLETE AND ACCEPTABLE BIDDER ACKNOWLEDGEMENT Submit Bids To: PROCUREMENT SERVICES 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-03 l0 Telephone: (561) 742-6323 Mailing Date (City): Bid Title: RE-KEYING VARIOUS CITY FACILITIES Bid Number: //078-2511-03/CJD Project #: CPO310 Bid Received By: AUGUST 5, 2003, NO LATER THAN 2:30 P.M. (LOCAL TIME) Bids will be opened in Procurement Services unless specified otherwise. Bid receiving date and time is scheduled for: August 5, 2003, no later than 2:30 P.M. (local time) and may not be withdrawn within ninety (90) days after such date and time. All awards made as a result of this bid shall conform to applicable sections of the charter and codes of the City. Name of Vendor: C.K.'S LOCKSHOP AND SECURITY CTR. FED. I.D. # 65-030-6864 Federal I.D. Number: STATE OF FLORIDA A Corporation of the State of: _ Area Code: Telephone Number: 561-732-9418 Area Code: FAX Number: 561-737-1347 Mailing Address: 301 SE 4TH ST. City/State/Zip: BOYNTON BEAC H,F L 33435 Vendor Mailing Date: ~A~ut~'~rized Signature Name Typed THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL 18 PROPOSAL BLANK BID PROPOSAL TO THE CITY OF BOYNTON BEACH, FLORIDA To All Bidders: Date: fit, lO. 05/ 20D3 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 product/service called for. When submitting more than one bid proposal price for this product and/or 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 product/service in accordance with the specifications for the sum of: . ~ cY 7 RE-KEYING VARIOUS CITY FACILITIES: $ ~~_~-'-'5 TOYAL AMOUNT ALL PRICES F.O.B. BOYNTON BEACH Re-Keying of Various City Facilities Provide cost by location as outlined below. City Hall & Chambers 100 East Boynton Beach Boulevard $ East Wing 100 East Boynton Beach Boulevard $ cf2r '7 qO West Wing 100 East Boynton Beach Boulevard $ Police Department / 100 East Boynton Beach Boulevard $ Fire Station #1 and Fire Administration 100 East Boynton Beach Boulevard $ 1913 Schoolhouse Museum 141 East Ocean Avenue $ ] I Kid's Kingdom Restroom Building 131 East Ocean Avenue $ Art Center (Recreation Activity Center) 125 S.E. 2nd Avenue $ Civic Center 128 East Ocean Avenue $/i.5,~0, THIS PAGE TO BE SUBMITTED IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE BID PROPOSAL CONTINUED Madsen Center ] 145 S.E. 2nd Avenue $ Animal Shelter 415 N.E. 4th Street $ 9~'4~' Mangrove Park Restroom Building 700 N.E. 4th Avenue $ / Boat Club Park - Clubhouse Building 2210 North Federal Highway $ ,59. z,L~> Boat Club Park - Restroom Building 2210 North Federal Highway $ ~, Boat Club Park - Guardhouse Building 2210 North Federal Highway $ / P.W. #1 Building (PW Adm/Whse/Fleet) 222 N.E. 9th Avenue $ P.W. #2 Building (Solid Waste/Streets/Transportation/Facilities) //O 222 N.E. 9th Avenue $ P.W. #3 Building (Forestry/Parks) q .3~), 222 N.E. 9th Avenue $ Hester Park - Community Center Building 1901 North Seacrest Boulevard $ Hester Park - Concession Building 1901 North Seacrest Boulevard $ Hester Park - Tennis Building ,~ I 1901 North Seacrest Boulevard $ Galaxy Park Restroom Building 461 West Boynton Beach Boulevard $ Palmetto Green Park Restroom Building /~ 421 N.E. 13th Avenue $ Pioneer Canal Park Restroom Building 848 N.W. 13th Avenue $ Sara Sims Park Office/Restroom Building / 201 N.W. 9th Avenue $ Wilson Center / 211 N.W. 13th Avenue $ Wilson Pool Building 211 N.W. 12th Avenue $ Congress Avenue Park - Tennis Center ,5~.~ 3111 South Congress Avenue $ Fire Station #3 3501 North Congress Avenue $ Pistol Range ~ 30 3501 North Congress AVenue $ Meadows Park Restroom Building 4305 North Congress Avenue $ THIS PAGE TO BE SUBMITTED IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE BID PROPOSAL .CONTINUED Little League Park Restroom Building 300 S.W. 15th Avenue $ Pence Park Restroom Building 400 S.E. 5th Avenue $ Senior Center 1012 South Federal Highway $ ,~//c/.77, Fire Station #2 2210 South Congress Avenue $ City Hall in the Mall 801 North Congress Avenue, #111 $ Oceanfront Park - Headquarters Building 6415 North Ocean Blvd., Ocean Ridge $ Oceanfront Park - Restroom Buildings (Mens & Womens) 6415 North Ocean Blvd., Ocean Ridge $ /~,O-t~, cOO Oceanfront Park - Concession Building 6415 North Ocean Blvd., Ocean Ridge $ Oceanfront Park - Guardhouse Building 6415 North Ocean Blvd., Ocean Ridge $ ~'-~ ' Rolling Green School Park Restroom Building 551 N.E. 26th Avenue $ SIXTY (60)PADLOCKS It is further agreed that the product/service will be completed/delivered within 90 calendar days from the date of the Purchase Order from the City. Number of Bid Proposals submitted Specification "check-off' sheets (Pages 3 - 6) X/cC' submitted l~,., Yes/No MEDECO KEYMARK C.K.'S LOCKSHOP & SECURITY CTR. PRINTED NAME TELEPHONE NUMBER TITLE THIS PAGE TO BE SUBMITTED IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 21 ANTI-KICKBACK AFFIDAVIT STATE OF FLORIDA ) · SS COUNTY OF PALM BEACH ) I, the undersigned hereby duly sworn, depose and say that no portion of the sum herein bid will be paid to any employees of the City of Boynton Beach as a commission, kickback, reward of gift, directly or indirectly by me or any member of my firm or by an officer of the corporation. NAME - SIGNATURE Sworn and Ecbscribed before me., this ~'~'7'''/'0 day of /--/. {J~ (J5 ,20 Printed Information: N NOT'At~YPUBLIC'/Stat~ °t~Fl°r~da - - ~t/~" cr~TCg~r-~ at Large COMPANY '~'";,°,~1',,,~'~" ^t~c ~'~ ca. Zac. "OFFICIAL NOTARY SEAL" STAMP THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 22 CONFIRMATION OF MINORITY OWNED BUSINESS A requested form to be made a part of our files for future use and information. Please fill out and indicate in the appropriate spaces provided which category best describes your company. Return this form with your bid proposal sheet making it an official part of your bid response. ( ) AMERICAN INDIAN ( ) ASIAN ( ) BLACK ( ) HISPANIC ( ) WOMEN ( ) OTHER (specify) Do you possess a Certification qualifying your business as a "Minority Owned Business"? YES NO If YES, name the Organization from which this certification was obtained and date: Issuing Organization for Certification Date of Certification THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL 23 CONFIRMATION OF DRUG-FREE WORKPLACE IDENTICAL TIE BIDS Preference shall be given to businesses with drug-free workplace programs. Whenever two or more bids which are equal with respect to price, quality, and service are received by the City of Boynton Beach or by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed if none of the tied vendors have a drug-free workplace program. In order to have a drug-free workplace program, a business shall: 1) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2) Inform employees about the dangers of drug abuse in the workplace, the businesses policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3) Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4) In the statement specified in subsection (1), notify the employee that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5) .Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community by, any employee who is so convicted. 6) Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. ~j~ ~--~- -- (/~dor s Signature THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 24 SPECIFICATIONS FOR RE-KEYING VARIOUS CITY FACILITIES Scope of Work: The City of Boynton Beach is seeking a contractor to re-key various locations within the City of Boynton Beach for the purpose of security as well as access for maintenance. The awarded vendor must be located within a (20) mile radius of the City of Boynton Beach. 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 3-6) with the proposal sheet in order for a bid to be considered. 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 proposal 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 the item(s) submitted. The City shall be the sole judge concerning the merits of the proposal submitted. General Specifications: ~ Awarded Vendor must be located within a (20) twenty mile radius of the City of Boynton Beach. X All cut keys, key blanks, and cylinders shall be constructed to be capable of being keyed into the same master key system and being operated by one top master key. This includes conventional cylinders, I _ - I .... ~--~ ~ ' ~_ ~ ....-~-d~ _T'~-~. ~ small format interchangeable cylinders, rim cylinders, ad mortise cylinders. ~( Cylinders and cores shall be from the same manufacturer and meet ANSIfBHMA Grade 1. ~ Establish a new - ~ Provide cylinders that are lllllllll~as directed by the owner. All cylinders, regardless of type shall be capable of utilizing the same key sections and same key cutting (depth and space) specifications without any loss of keying capacity. THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE X All cylinders shall be keyed to A2 systems specifications, allowing maximum system capabilities for the owner. Specially designed top and bottom pins are to be randomly used to resist surreptitious entry. Cylinder collars shall be solid and recessed to allow free spinning. ~ Keys shall be utility patented and IIm~ Keys shall be nickel silver and stamped "Duplication prohibited by federal utility patent law" in the quantities shown: > 3 each change keys per cylinder or 6 keys per keyed group 2 each control keys per cylinder type as required 2 each key blanks per cylinder 6 each master keys per master key group 6 each grand master keys 100 key blanks for owner's stock X Acceptable systems: Yale Key Mark, Schlage Everest "D", Sargent "Signature" Or Approved Equal MEDECO KEYMARK Furnish one key management key control software system. The manufacturer is to provide one year of technical support without any cost to the system administrator of record including training. KEY WIZARD by MI::DECO Provide a key cabinet of meeting systems requirements with an additional expansion of up to 150% owner to set up. HPC KE-ILI~B 1 - 7:30 8, 1 - 3:30 1060 KEY CAPACITY Installation Specifications: In conjunction with the materials, provide prices to install cylinders into existing hardware at all buildings involved in this bid. This includes cylinder types as noted, but is not limited to, locks, exit devices, storefront doors, interchangeable cores, and key switches. Installers shall coordinate with owner time that the installation will occur. Installation will not interrupt day-to-day activities in the buildings involved. ~.. Installers must maintain an adequate inventory of materials solely for the owner. All materials must be inventoried and kept in a secure location. Installers must notify owner as to when materials are needed to be re-ordered. Installers must be able to cut keys, re-pin or re-key cylinders, and provide accurate documentation and record keeping of all products involved. 4 THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Re-Keying of Various City Facilities Locations to be re-keyed are as follows: City Hall & Chambers 100 East Boynton Beach Boulevard East Wing 100 East Boynton Beach Boulevard West Wing 100 East Boynton Beach Boulevard Police Department 100 East Boynton Beach Boulevard Fire Station #1 and Fire Administration 100 East Boynton Beach Boulevard 1913 Schoolhouse Museum 141 East Ocean Avenue Kid's Kingdom Restroom Building 131 East Ocean Avenue Aa Center (Recreation Activity Center) 125 S.E. 2nd Avenue Civic Center 128 East Ocean Avenue Madsen Center 145 S.E. 2nd Avenue Animal Shelter 415 N.E. 4th Street Mangrove Park Restroom Building 700 N.E. 4th Avenue Boat Club Park - Clubhouse Building 2210 Noah Federal Highway Boat Club Park - Restroom Building 2210 Noah Federal Highway Boat Club Park - Guardhouse Building 2210 Noah Federal Highway P.W. #1 Building (PW Adm/Whse/Fleet) 222 N.E. 9t~ Avenue P.W. #2 Building (Solid Waste/Streets/TranspoaatiorffFacilities) 222 N.E. 9th Avenue P.W. #3 Building (Forestry/Parks) 222 N.E. 9th Avenue Hester Park - Community Center Building 1901 Noah Seacrest Boulevard Hester Park - Concession Building 1901 Noah Seacrest Boulevard Hester Park - Tennis Building 1901 North Seacrest Boulevard 5 THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Galaxy Park Resti'oom Building 461 West Boynton Beach Boulevard Palmetto Green Park Restroom Building 421 N.E. 13th Avenue Pioneer Canal Park Restroom Building 848 N.W. 13th Avenue Sara Sims Park Office/Restroom Building 201 N.W. 9th Avenue Wilson Center 211 N.W. 13th Avenue Wilson Pool Building 211 N.W. 12th Avenue Congress Avenue Park - Tennis Center 3111 South Congress Avenue Fire Station #3 3501 North Congress Avenue Pistol Range 3501 North Congress Avenue Meadows Park Restroom Building 4305 North Congress Avenue Little League Park Restroom Building 300 S.W. 15th Avenue Pence Park Restroom Building 400 S.E. 5th Avenue Senior Center 1012 South Federal Highway Fire Station #2 2210 South Congress Avenue City Hall in the Mall 801 North Congress Avenue, # 111 Oceanfront Park - Headquarters Building 6415 North Ocean Blvd., Ocean Ridge Oceanfront Park - Restroom Buildings (Mens & Womens) 6415 North Ocean Blvd., Ocean Ridge Oceanfront Park - Concession Building 6415 North Ocean Blvd., Ocean Ridge Oceanfront Park - Guardhouse Building 6415 North Ocean Blvd., Ocean Ridge t~{; Le're¢ ^ ~ ?e P- 6 THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE PAGE A C.IC'S LOCKSHOP AND SECURITY CENTER 301 SE 4TH ST. BOYNTON BEACH, FL 33435 561-732-9418 ® THE PRICING ON THIS BID REFLECTS A COUNT OF 690 CYLINDERS, THE COST OF MASTERKEYING, AND LABOR TO INSTALL. ANY HARDWARE ABOVE AND BEYOND THAT STATED WILL HAVE AN ADDITIONAL PRICE ATTACHED. ® MEDECO KEYMARK CYLINDERS ARE NOT COMPATIBLE WITH LARGE FORMAT INTERCHANGEABLE CORE. · THE NEW MASTERKEY SYSTEM WILL BE GENERATED BY C.K.'S AND THE CYLINDERS WILL ALSO BE KEYED BY C.K.'S. · ALL KEYS WILL BE CUT BY C.K.'S. · 2 HPC KEKAB KEY CABINETS 1 - 730 ~ $528.00 AND 1 - 330 ~ $248.00 TO TOTAL $776.00 ( INCLUDED IN BID TOTAL AMOUNT). · 1 KEY WIZARD BY MEDECO, KEY MANAGEMENT KEY CONTROL SOFTWARE SYSTEM ~ $746.00, ( INCLUDED IN BID TOTAL AMOUNT ). · 1 NEW SIMPLEX-UNICAN L-1000 W/KEY OVERRIDE FOR POLICE DEPT. LOCKER ROOM ~ $470.00 INSTALLED W/CYLINDER, ( INCLUDED IN BID TOTAL AMOUNT ), AS PER RICHARD FIEGE. · PRICING FOR ADDITIONAL SCHLAGE D-SERIES LEVER OR KNOB LOCKSETS @ $225.00 EACH PLUS INSTALLATION, IF NEEDED. · MEDECO KEYMARK - INCLUDING INTERCHANGEABLE CORE, LEVER, KNOB, RIM, OR MORTISE CYLINDERS ~ $50.00 EACH MASTERKEYED AND INSTALLED INTO EXISTING LOCKSETS. · MEDECO KEYMARK KEYS ~ $4.00 EACH IF ORDERED IN QUANTITIES OF 50 OR MORE. PAGE A CONT. · PRICING FOR KEY BLANKS ARE NOT INCLUDED DUE TO THE FACT THAT THE MEDECO KEYMARK KEYWAY IS RESTRICTED. THE MANUFACTURER RANDOMLY AUDITS ITS DEALERS, AND EMPHASIZES THAT KEY BLANKS MUST REMAIN IN THE DEALERS POSSESSION AT ALL TIMES. HOWEVER THE MANUFACTURER OFFERS AN END USER RESTRICTED KEYWAY AT NO EXTRA COST TO THE END USER. THE END USER WILL BE REQUIRED TO SIGN A LETTER OF INTENT WITH THE THE MANUFACTURER ALLOWING C.K.'S LOCKSHOP TO BE THE PRIMARY BUYER, AND STOCKING DEALER OF HARDWARE. · PRICING FOR LABOR ARE AS FOLLOWS - $50.00 PER HOUR PLUS A $48.00 SERVICE CHARGE PER VISIT. C.K.'S LOCKSHOP AND SECURITY CENTER 301 S.E. 4TH STREET BOYNTON BEACH, FLORIDA 33435 Telephone 561-732-9418 Fax 561-737-1437 Good Day! We would like to take a moment of your time to introduce you to C.K. 's Lockshop and Security Center. C.K.'s has been in business in Boynton Beach since 1960. We are a full service security company and service over 950 accounts in Palm Beach county. C.K. 's Lockshop and Security Center has 7 mobile units to serve you more efficiently, offering emergency service 7 days a week, 24 hours a day. In addition, we have 2 retail stores, one in Delray Beach and the other being a new 6000 sq. ft. showroom in Boynton Beach. We SELL, SERVICE and INSTALL all keys, locks, and safes, as well as, alarm and intercom systems, camera and electrical entry systems. C.K.'s is an authorized MEDECO High Security Lock dealer. We also offer in our showroom, products dealing with door, window, cabinet, and gate locks and security. We sell padlocks, lock boxes, and steel chain locks. We have over 50 different style key chains, and hide-a-keys. We carry many different brands of lock hardware from knobs to handle sets for both residential as well as commercial. We offer key control systems, alarm lock systems, and exit devices. We are your one stop shopping center for all of your key, lock, and security needs.. Remember "Peace of Mind" is Priceless! We are your neighborhood security experts. Bruce Volpe - President Robert Stephens - Vice President Co-Owners 301 $.E. 4TH STREET * BOYNTON BEACH, FL 33435 * 561-732-9418 / FAX 561-737-1347 1890 SOUTH FEDERAL HIGHWAY * DELRAY BEACH, FL 33483 * 561-265-1101 CERTIFICATE OF LIABILITY INSU NCE 08/04/2OO~ ~.OOU~R ([561)994-0880 FAX (~61)994-1740 THIS CERTIFICATE IS ISSUED AS A MA~ER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIF~ATE Park & Ass~lates, 1~. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 5255 North Federal Highway ALTER THE COVERAGE AFFORDED BY THE POLICIES BEL~. 2nd ~ oor Boca Raton, FL 33487-4907 JN~UR~R~ AFFORDING COgERAGE ,raou~o C.K. 'S L~K~OP & SECURI~ CE~ER I~. ' ~i_~ Assurance C~pany of ~erica -1~0~ .... 301 SE 4TH ST. '~,-~a~ Associated Industries Ins. Co. ~Y~ON BEACH, FL ~3¢35 ::~ ~'- ~E POLICIES OF INSURA~E L~EO BELOW ~VE BEEN I~SUED TO THE IN~JRED NA~EO ABOVE FOR ~E POLICY PERIOD INDICATED. NO%~t~ST~D?NG ~lY REQuIREMEr~, TERM OR C~DITIOH OF ANY CONTRA3T OR OTHER D~UMENT W~ RESPECT TO ~iCH THIS CERTIF;CATE MaY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND C~DfflONS POLICIES, AGGREGATE LIMITS ~OV~N MAY ~VE BEEN REDUCED BY PAI~ CLAIMS '~OLICYEFFEC~E ~ POLICYEXP~ON ~SR ~O~ ~ OF IN~NCE ~ ~LIC'/NUMAR ~TE IM~oo~ ~ DATE IM~D~ ["~ INa~ ~SNE~Li~iL~ p~S038593639 08/05/2003 I 08/05/2004 E~C~C"::u~r,C~ 1~000~000 ~ C~IL~ M~E ~ CZCuR fJEDE>~,~n'/c'l~per~or" $ 10,000 ~ i')l J4,~ ~' AUTOS J GA~ LI~ILI~ J aL %3 ~t,~ . EA ~O. OEtqT ' I / ri!' ~ JT 5 J ,:,THER T~, EXCE~M~ELLA L~IBIL,~ EACH C,C,: U~[N,~ ~ CCC~ CL~t~5 'V~C,E *OG~ES~TE wo~eaaco~e~o.~o -'20033[9999 08~O5/2003 08/05/~O04 _XJ''''¢c ~*TL'mm': ~**~T~l C,~ER { egeCR',~ON OF CPE~OtJ$ I ~ ~A~ ~1 { VEHmCLEII ~LUI~N~ ~['ED BY E~ORIE~NT I SPECI~ ~O~ONI ~r~y days not~c~ of'ca~ellat~on for ~rker's c~pen~tton ONLY. CERTIFICATE HOLDER ~AHCEL~TION [ SH~LD ~Y OF ~E ~OVE DERCRIBED POLIOES ~E C~CELLED BEFORE THE j EX~t~N ~ T~OF. THE It~U~G IN~U~ ~LL E~VOR TO I FOR [N~REO ' S B~JT FNL~E TO ~L JU~ N~Ci I~LL IMP~ NO OagiOA~ OR LI~IL~ PURffiSES ONLY Cathy Cl ~t~S IMPORTANT if the certificate holder is an ADDITIONAL INSURED, t",e policy(les) must be en0orsed A statement on this certificate does not confer rights to the ce~ifica~e ~lolder in heu cf sbci3 endorsement,si If SUBRCGATION IS WAIVED, subj,~ct to the terms and ccnditions cf the policy, certain po;~cies may require an endorsement. A statemer=t on this ce,'tirica[e does not confer rights to the certificate holder m ~ieu of Such endorsement(s). DISCLAIMER The Cerbficate of Insurance on the r~.~verse side of th~s form does not consbtute a cortract bet~,een the issuing i~surer(s), authorized rel:resentative or producer, and the certificate holder, nor does it affirmatively or negabvely amend, extend or alter the coverage affordec~ by the policies listed thereon, ACORD 25 (2001/08) V.-CONSENT AGENDA CITY OF BOYNTON BEA ITEM C.1. AGENDA ITEM REQUEST Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to Citw Clerk's Office [] August 5, 2003 July 14, 2003 (Noon.) [] October 7, 2003 September 15, 2003 (Noon) [] August 19, 2003 August 4, 2003 (Noon) [] October 21, 2003 October 6, 2003 (Noon) [] September 2, 2003 August 18, 2003 (Noon) [] November 5, 2003 October 20, 2003 (Noon) [] September 16, 2003 September 2, 2003 (Noon) [] November 18, 2003 November 3, 2003 (Noon) [] Administrative . [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Motion to authorize the Mayor to execute an agreement between the City of Boynton Beach and the Florida Department of Transportation, to fund all costs of hiring one (I) new DUI Enforcement Specialist and one (1) new Police Vehicle and related costs. This is a one (1) year grant and can be renewed at 75% funding for the next year if fimds are available. EXPLANATION: DOT is willing to purchase a police vehicle, related equipment and the initial cost of one new DUI officer at a cost of $92,601. The cities cost will be to maintain the equipment in running order for five (5) years and use it for law enforcement activities. The City must maintain the new officer position in future manpower allocations. PROGRAM IMPACT: This grant will allow the Police Department to add one new Police officer to the work force and purchase one new vehicle. FISCAL IMPACT: There is no fiscal impact for this in the f'u-st year. The second year will require the City to absorb all cost except for the 75% of salary the grant will cover. The one condition of the grant is we cover all costs associated with this position in the future years. ALTERNATIVES: / /De~'artm'L'nt'~'~'s Signature ~ty Manager's Signature Police Department Name City Attorney / Finance / Haman Resources S :~BULLETIN~ORMS~GENDA ITEM REQUEST FORM.DOC Florida Department of Transportation JEB BUS~ 605 Suwannee Street Jos~ ABREt~ ¢;OV£aNOa Tallahassee, FL 32399-0450 s~caEr~av September 4, 2003 Chief Marshall B. Gage Boynton Beach Police Department 100 E. Boynton Beach Blvd. Boynton Beach, Florida 33435 Re: Fiscal Year 2004 Subgrant Application For Highway Safety Funds Information. Dear Chief Gage: Once again, congratulations on being selected to receive highway safety grant funds for Fiscal Year (FY) 2004. As stated in the earlier letter you received regarding highway safety grant funding, the following information is provided for use in preparing your Subgrant Application For Highway Safety Funds dated 06/03. Your Project Title is Boynton Beach DUI Enforcement Specialist Phase II The Support Sought (Award Amount by FDOT) is $92,601 The Part III: Project Detail Budget: (Attachment) The Quarterly Progress Report of Performance Indicators: (Attachment) Please refer to the attachments for further assistance in completing and submitting your Subgrant Application For Highway Safety Funds. Please contact Roger Doherty at (850) 488-5455, if you have any questions. Sincerely, Traffic Safety Administrator CGS/njl Attachments cc: Roger Doherty Sgt. Stewart Steele CP# 122 www.dot state .fl .us ~RE: ,:~ .... ~ Subgrant Application Assistance Please follow these guidelines when completing and submitting all Subgrant Applications: 1. All pages must be in order and correctly numbered. 2. Send one copy of the completed Subgrant Application, including all report pages and legal pages, and three original signature pages to: Carla Sims Traffic Safety Administrator Florida Department of Transportation 605 Suwannee Street, MS 17 Tallahassee, Florida 32399-0450 3. A copy of your agency's safety belt policy must be attached to the Subgrant Application (Part V: Acceptance and Agreement, #35). 4. Law Enforcement agencies must also attach a copy of their standard operating procedure regarding enforcement of safety belt and child safety seat violations (Part V: Acceptance and Agreement, #36). 5. Certification for Equipment Costing More than $500 per Item. The head of any implementing agency purchasing equipment costing more than $500 per item shall send a letter to the Safety Office upon award of the subgrant certifying that none of the items being purchased with federal highway safety funds is replacing previously purchased equipment, whether the equipment was purchased with federal, state, or local funds (Please refer to Part V: Acceptance And Agreement #37). Subgrant Applications with approved Personnel Services must also follow these guidelines: 1. Continuing subgrants with Personnel Services must submit their completed Subgrant Application to the FDOT Safety Office, as soon as possible, to be considered for funding to begin on October 1, 2003. 2. If your subgrant contains personnel, your agency must provide FDOT the name(s) of the individual(s) whose salary is being reimbursed under the subgrant. If notification is not provided to FDOT, salary will not be reimbursed. RESOLUTION NO. R03- A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, ACCEPTING FLORIDA DEPARTMENT OF TRANSPORTATION HIGHWAY SAFETY GRANT FUNDS FOR FISCAL YEAR 2004; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Boynton Beach Police Department applied for and has ~een awarded a sub-grant from the Florida Department of Transportation in the total amount of $92,601.00, and WHEREAS, the sub-grant will fund all costs of hiring one (1) new DUI Enforcement Specialist and one (1) new Police Vehicle and related costs for a one year ~eriod; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION )F THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Commission of the City of Boynton Beach hereby uthorizes acceptance of the Florida Department of Transportation sub-grant and .-xecution of an Agreement with the Florida Department of Transportation to fund all :osts of hiring one (1) new DUI Enforcement Specialist and one (l) new Police Vehicle and related costs in the amount of $92,601. A copy of the agreement is attached hereto. Section 2. This Resolution shall become effective immediately upon passage. S:\CA\RESOV~greements\BBPD\BBPD-FDOT - DUI Sub-grant.doc PASSED AND ADOPTED this __ day of October, 2003. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner ;T: Clerk reements\BBPD\BBPD-FDOT - DUI Sub-grant.doc STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 500-065-0; ~ SUBGRANT APPLICATION FOR HIGHWAY SAFETY FUNDS SAF~ O6/O3 For D. 0. T. Use Only II Project Number: DOT Contract Number: Federal Funds Allocated: Date Approved: Subgrant Period: Date Revised: Subgrant History: (1) (2) (3) Part h GENERAL ADMINISTRATIVE INFORMATION See Instructions for Highway Safety Subgrant Applications) I. Project Title: Boynton Beach DUI Enforcement Specialist Phase II 2. Type of Application: (~) Initial O Continuation 3. Requested Subgrant Period: 10/1/2003 to 9/30/2004 4. Support Matching Total Sought: $92,601 Share: $0 Budget: $92,601 5. Applicant Agency (Subgrantee): 6. Implementing Agency: City of Boynton Beach City of Boynton Beach Police Department Mayor Broening Marshall B. Gage, Chief of Police 100 E. Boynton Beach Blvd. 100 E. Boynton Beach Blvd. P.O. Box 310 P.O. Box 310 Boynton Beach, FL. 33435 Boynton Beach, FL. 33435 Telephone: (561 ) 742-6000 Telephone: (561 ) 742-6101 7. Federal ID Number: 8. State SAMAS Number (State Agencies) 596000282005 9. Chief Financial Officer: 10. Project Director: Diane Reese Sgt. Stewart Steele City of Boynton Beach City of Boynton Beach 100 E. Boynton Beach Blvd. 100 E. Boynton Beach Blvd. Boynton Beach, FL. 33435 Boynton Beach, FI. 33435 Telephone Number: (561) 742-6312 Telephone Number: (561) 742-6463 Fax Number: (561) 742-6316 Fax Number: (561) 742-6185 E-Mail Address: Reesed@ci.boynton-beach.fl.us E-Mail Address: Steeles@ci.boynton-beach.fl.us Subgrant funds provided by the U.S. Department of Transportation, National Highway Traffic Safety Administration, Catalog of Federal Domestic Assistance Number - 20.60__ , State and Community Highway Safety Program, throug~ the Florida Department of Transportation. 1 500-~6,5-01 Part I1: PROJECT PLAN AND SUPPORTING DATA s,~ 06/03 IStateclearly and in detail the aims of the project, precisely what will bewho done, will be involved, and what is expected to result. Use the following major headings: 1. Statement of the Problem 2. Proposed Solution 3. Objectives 4. Evaluation 5. Milestones (Use form provided) Start below and use additional pages as necessary. 1. Statement of the Problem: The City of Boynton Beach is located in the southern portion of Palm Beach County along State Road 9 (I-95). The city has an estimated population of over 62,000 people in a county of over one million people. At this time with 139+ sworn officers serving a city with a geographical area of 16.4 square miles we find our selves in a continuous stage of growth and expansion. With growth and change comes the everlasting need for specialty units as DUI Enforcement. While in the past the City of Boynton Beach has participated in the State of Florida Transportation's Projects J7-96-13-02-01 and AL-99-05-09, we find that we always in need of material and equipment to help us maintain suppression of DUI related crashes in the City of Boynton Beach. With the steady flow in the number of DUI related crashes we have found that our need to continue to educate our officers and maintain upgraded and operating equipment is continiously on the rise. The County of Palm Beach has had a steady increase in traffic crashes over the last three recorded years. It has also had an increase in the number of DUI related crashes in years 1998, 2000 and 2001 that crash rates were 14,387 crashes (DUI 1352), 15079 crashes (DUI 1404) and 15731 crashes (DUI 1497). There is an approximate 9.5% ratio of crashes related to intoxicated driver for each of the three years. The City of Boynton Beach crashes for the years of 2000, 2001, 2002 were 1302 crashes (DUI 59) ,1340 (DUI 44), .350 (DUI 52). There is an approximate 5% ratio of crashes related to intoxicated drivers for each of the three years. 2. Proposed Solution: The City of Boynton Beach police department currently has a one-man DUI unit and would like to increase the unit with a second officer to combat the alcohol related crash problem that has been identified in the city. The officer will receive special training in the detection and apprehension of impaired drivers, and he will be furnished a car with radar, laser, and in-car video unit. The officer will be assigned to work primarily during the evening shift. The patrol areas will be determined by identifying areas of high alcohol related crash occurrence. The department plans to conduct public awareness programs to make citizens of Boynton Beach more aware of the DUI problem in the city. Presentations will be made to business and civic groups; retirees and a special emphasis on students who are our newest and least experienced drivers on the road. The officers on the DUI unit may be assigned to participate in planned public awareness activities. 3. Objectives: While our primary objective remains to reduce the number of alcohol related accidents, we also hope to continue to show a high visibility of DUI Enforcement throughout the City of Boynton Beach. Having the proper resources (training,equipment and manpower).will only aid us in the continued efforts to lower any and all alcohol related incidents within the city and therefore throughout the county. The City of Boynton Beach will conduct DUI check points in November, January, April, July and September. Officers from the department will also participate in DUI Wolf Packs and DUI Checkpoints hosted by the Palm Beach County Sheriffs office and Florida Highway Patrol. The City of Boynton Beach Police Department with your help would like to reduce the number of alcohol-related crashes by 25% during 2003/2004. With an increase of 100 arrest by impaired drivers over the 2002 number of 199 arrest. 500-065-01 SAFETY O6~03 I 4. Evaluation: Collection of specific data related to the objective is of the utmost importance. In our project we will continue to measure DUI arrest, hazardous moving citations, total citation and total warnings along with total alcohol related contacts. We will continue in our periodic review and comparisons of this data to help monitor and maintain the highest standards. There will continue to be quarterly, year to date and year to year comparisons. 500-065-01 SAFETY 06/03 I Timetable for Milestones M i lestones ~ Quarter 2nd Quarter 3rd Quarter 4th Quarter OCT NOV DEC JAN FEB MAR APR MAY JUN JUL AUG SEP Track Number of DUI Arrests made by Officer X X X X X X X X X X X Track Number of DUI Checkpoints Hosted by X X X X X Boynton Beach Police Dept. Conduct Saturation Patrols X X X Conduct DUI Checkpoints X X X X X Track Child Restraint Ticket Issued by Agency X X X X X X X X X X X Track Safety Belt Ticket Issued by Agency X X X X X X X X X X X 500-065-01 Part II1: PROJECT DETAIL BUDGET 06/03 Project Title: Boynton Beach DUI Enforcement Specialist Phase II Project Number: Contract Number: BUDGET CATEGORY TOTAL FEDERAL NON-FEDERAL FUNDING STATE LOCAL A. Personnel Services Salary for one officer $ 36,422 $ 36,422 i Benefits (includin~ Life. Disability $15,133 $15,133 Health, and Dental Insurance: FICA Pension: and Worker's Comp.) Court Overtime $ 2,626 $ 2,626 Sub-total $ 54,181 $ 54,181 B. Contractual Services Sub-total C. Expenses Uniform Shirts, Pants and Shoes $ 325 $ 325 Vest $ 475 $ 475 Jacket and Rain Coat $ 370 $ 370 Sub-total $1,170 $1,170 D. Operating Capital Outlay Patrol Car (Inc. Graphics, Plastic Rear $ 25,000 $ 25,000 Seat and Gun Rack) $ 0 Laptop $ 2,800 $ 2,800 In-Car Video Unit $ 4,000 $ 4,000 Radios $ 3,600 $ 3,600 Radar $1,850 $1,850 Sub-total $ 37,250 $ 37,250 E. Indirect Cost Sub-total Total Cost of Project $ 92,601 $ 92,601 Budget Modification Number: 5 Effective Date: 500-065-01 BUDGET NARRATIVE s,F~r~ 06/03 IProject Title: Boynton Beach DUI Enforcement Specialist Phase II .'oject Number: Contract Number: The following is a narrative description of the project budget by line item by category, detailing the item and anticipated cost. Each category must be sufficiently defined to show cost relationship to project objectives. Attach additional sheets as needed. A. Personnel Services $54,181 Cost to be reimbursed in this category include the base salary and benefits for one officer, along with court overtime. Benefits include life insurance, disability health, dental insurance, FICA, pension and worker's comp. C. Expenses $1,170 Cost to be reimbursed in this category include uniforms, vest, winter jacket and rain coat. D. Operating Capital Outlay $37,250 Cost to be reimbursed in this category include a police vehicle with graphics, plastic rear seat, gun rack, in-car video unit, radios, radar and laptop computer. Budget Modification Number: 6 Effective Date: Part IV: REPORTS Quarterly Progress Report Narrative for the quarter. Project Title: Boynton Beach DUI Enforcement Specialist Phase II Project Number: Implementing Agency: City of Boynton Beach Police Department Project Director: Sgt. Stewart Steele Describe the subgrant activities that took place during the quarter. Attach newspaper clippings, press releases, photos and other items that document activities. Use additional sheets, if necessary. The Quarterly Progress Report of Performance Indicators should be sent to the DOT Safety Office along with the narrative within 30 days of the end of each quarter. 7 500-065-01 QUARTERLY PROGRESS REPORT OF PERFORMANCE INDICATORS 06/03 for the quarter. !Project Title: Boynton Beach DUI Enforcement Specialist Phase II roject Number: Implementing Agency: City of Boynton Beach Police Department Project Director: Sgt Stewart Steele Milestones Acornplished Performance Indicators Quarter Quarter Quarter Quarter Ending Ending Six-Month Project December 31 March 31 Totals Ending Ending June 30 September 30 Totals Number of DUI arrests made by officer in subgrant-funded position. Number of DUI checkpoints hosted by Boynton Beach Police Department ( Attach After Action Reports. ) Number of saturation patrols conducted. 'umber of checkpoints hosted by other .gencies at which subgrant-funded officer participated. Number of child safety seat violations issued by Boynton Beach Police Department. Number of safety belt violations issued by Boynton Beach Police Department. 8 500-065-0 Final Narrative Report 06/03 I Project Title: Boynton Beach DUI Enforcement Specialist Phase II Project Number: Implementing Agency: City of Boynton Beach Police Department Project Director: Sgt. Stewart Steele The following is a chronological narrative history of the above listed project in accordance with Part V: Acceptance and Agreement, Conditions of Agreement, 1. Reports. This report is an accurate accounting of the project performance and accomplishments. Attach additional sheets as needed. I 9 5OO-065-01 SAFETY Part V: Acceptance And Agreement o~03 Conditions of Agreement. Upon approval of this Subgrant Application for Highway Safety Funds, the following terms and conditions shall become binding. Noncompliance will result in loss of, or delays in, reimbursement of costs as set forth herein. 1. Reports. The subgrant year quarters are Octobe~ 1 - December 31, January 1 - March 31, April 1 - June 30, and July 1 - Septmeber 30. The implementing agency shall submit the Quarterly Progress Report Narrative and Quarterly Progress Report of Performance Indicators forms to the State Safety Office by the last day of the month following the end of each quarter (January 31, April 30, July 31, and October 31 ) if the subgrant was effective during the quarter any part of the quarter. Quarterly reports postmarked after the respective submission dates listed above shall be considered past due. The implementing agency shall submit a Final Narrative Report, giving a chronological history of the subgrant activities, problems encountered, and major accomplishments by October 31. Requests for reimbursement will be returned to the subgrantee or implementing agency unpaid if the required reports are past due, following notification. 2. Responsibility of Subgrantee. The subgrantee and its implementing agency shall establish fiscal control and fund accounting procedures that assure proper disbursement and accounting of subgrant funds and required non-federal expenditures. All monies spent on this project shall be disbursed in accordance with provisions of the Project Detail Budget as approved by the State Safety Office. All expenditures and cost accounting of funds shall conform to 49 CFR, Part 18, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments; 49 CFR, Part 19, Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non-Profit Organizations; OMB Circular A-102, Grants and Cooperative Agreements with State and Local Governments; OMB Circular A-110, Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non-Profit Organizations; OMB Circular A-21, Cost Principles for Educational Institutions; OMB Circular A-87, Cost Principles for State, Local, and Indian Tribal Governments; and/or OMB Circular A-122, Cost Principles for Non-Profit Organizations, hereby incorporated by reference, (hereinafter referred to as Applicable Federal Law). 3. Compliance with Chapter 287, Florida Statutes. The subgrantee and implementing agency agree to comply with all applicable provisions of Chapter 287, Florida Statutes. The following provisions are stated in this agreement pursuant to sections 287.133(3)(a) and 287.134(3)(a), Florida Statutes. (a) Section 287.133 (2)(a), F.S. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. (b) Section 287.134 (2)(a), F.S. An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity. 4. Approval of Consultant and Contractor Agreements. The State Safety Office shall review and approve in writing all consultant and contractor agreements prior to the actual employment of the consultant or the contractor by the subgrantee or implementing agency. Approval of the subgrant does not constitute approval of a consultant or contractor agreement. 10 500-065-01 SAFETY 06/03 All consultant agreements will contain the following statement: The parties to this contract shall be bound by all applicable sections of Part V: Acceptance and Agreement of Project # (insert project number), DOT Contract # (insert contract number). A final invoice must be received by (insert date) or payment will be forfeited. 5; Allowable Costs. The allowability of costs incurred under any subgrant shall be determined in accordance with the general principles of allowability and standards for selected cost items set forth in the Applicable Federal Law and state law, to be eligible for reimbursement. All funds not spent in accordance with the Applicable Federal Law will be subject to repayment by the subgrantee. 6. Travel. Travel costs for approved travel shall be reimbursed in accordance the State of Florida, Department of Transportation's (Department's) Disbursement Operations Manual, Chapter 3 Travel, hereby incorporated by reference, but not in excess of provisions in Section 112.061, Florida Statutes. All out-of-state travel, conference travel, meeting travel which includes a registration fee, and out-of-grant-specified work area travel shall require written approval of the State Safety Office prior to the commencement of actual travel as being within the travel budget of the project and relevant to the project. Out-of-state travel shall not be approved unless the specific trip is in the approved subgrant budget or the head of the Implementing Agency provides sufficient justification to prove that the travel will have significant benefits to the outcome of the subgrant activities. In addition, prior written approval shall be obtained from the State Safety Office for hotel rooms with rates exceeding $100 per day that are to be reimbursed. Rates exceeding $100 per day shall not be approved unless the hotel is the host facility for an approved conference or the average rate for all hotels in the area exceeds $100. 7. Written Approval of Changes. The subgrantee or implementing agency shall obtain prior written approval from the State Safety Office for changes to the agreement. Changes to the agreement will be approved which achieve or improve upon the outcome of the subgrant work, or where factors beyond the control of the subgrantee require the change. For example: (a) Changes in project activities, milestones, or performance indicators set forth in the approved application. (b) Changes in budget items and amounts set forth in the approved application. (c) Changes to personnel in positions that are being reimbursed by this agreement. Changes to the subgrant agreement shall only be requested by the Authorized Representative of the Subgrantee or the Adminstrator of the Implementing Agency. Requests for changes to the subgrant budget must be postmarked no later than June 30 of the fiscal year to be considered. Requests for budget changes postmarked after June 30 will be denied. 8. Reimbursement Obligation. The State of Florida's performance and obligation to reimburse the subgrantee shall be subject to the availability of Federal highway safety funds and an annual appropriation by the Legislature. As detailed in 49 CFR, Part 29, Governmentwide Debarment and Suspension (Nonprocurement) and Governmentwide Requirements for Drug-Free Workplace (Grants), hereby incorporated by reference, the subgrantee shall not be reimbursed for the cost of goods or services received from contractors, consultants, vendors, or individuals suspended, debarred, or otherwise excluded from doing business with the Federal government. The subgrantee or its implementing agency shall submit the required certification by consultants with awards in excess of the small.purchase threshold fixed at 10 U.S.C. 2304(g) and 41U.S.C. 253(g) (currently $25,000). 9. Commencement of Projects. If a project has not commenced within 30 days after the acceptance of the subgrant award, the subgrantee or its implementing agency shall report by letter the steps taken to initiate the project, the reasons for delay, and the expected starting date. If, after 60 days from the acceptance of the award, project activity as described herein has not begun, a further statement of implementation delay will be submitted by the subgrantee or its implementing agency to the State Safety Office. The subgrantee agrees that if the letter is not received in the 60 days, the State Safety Office will cancel the project and reobligate the funds to other program areas. The State Safety Office, where warranted by excusable delay, will extend the implementation date of the project past the 60-day period, but only by formal wdtten approval from the State Safety Office. 11 500-065-01 SAFETY 06/03 10. Excusable Delays. (a) Except with respect to the defaults of subgrantee's or implementing agency's consultants and contractors which shall be attributed to the subgrantee, the subgrantee and its implementing agency shall not be in default by reason of any failure in performance of this agreement in accordance with its terms if such failure arises out of causes beyond the control and without the fault or negligence of the subgrantee or its implementing agency. Such causes are acts of God or of the public enemy, acts of the Government in either its sovereign or contractual capacity, riros, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather, but in every case the faiture to perform must be beyond the control and without the fault or negligence of the subgrantee. If the failure to perform is caused by the failure of the subgrantee's or its implementing agency's consultant or contractor to perform or make progress, and if such failure arises out of causes beyond the control of the subgrantee, its implementing agency and its consultant or contractor, and without the fault or negligence of any of them, the subgrantee shall not be deemed to be in default, unless (1) the supplies or services to be furnished by the consultant or contractor were obtainable from other sources, (2) the State Safety Office shall have ordered the subgrantee or its implementing agency in writing to procure such supplies or services from other sources, and (3) the subgrantee or its implementing agency shall have failed to comply reasonably with such order. (b) Upon request of the subgrantee or its implementing agency, the State Safety Office shall ascertain the facts and extent of such failure and, if it shall be determined that any failure to perform was occasioned by any one or more of the said causes, the delivery schedule shall be revised accordingly. 11. Obligation of Subgrant Funds. Subgrant funds may not be obligated prior to the effective date or subsequent to the termination date of the subgrant period. Only project costs incurred on or after the effective date and on or prior to the termination date of the subgrant application ara eligible for reimbursement. A cost is incurred when the subgrantee's employee, its implementing agency, or approved contractor or consultant performs the service required or when goods are received by the subgrantee or its implementing agency, notwithstanding the date of order. 12. Performance. In the event of default, noncompliance, or violation of any provision of this agreement by the subgrantee, the implementing agency, the subgrantee's consultant(s) or contractor(s) and supplier(s), the subgrantee agrees that the Department will impose sanctions. Such sanctions include withholding of payments, cancellation, termination, or suspension of the agreement in whole or in part. In such an event, the Department shall notify the subgrantee and its implementing agency of such decision 30 days in advance of the effective date of such sanction. The sanctions imposed by the Department will be based upon the severity of the violation, the ability to remedy, and the effect on the project. The subgrantee shall be paid only for those services satisfactorily performed prior to the effective date of such sanction. 13. Access to Records and taonitoring. The Department, NHTSA, Federal Highway Administration (FHWA), and the Comptroller and Auditor General of the State of Florida, or any of their duly authorized representatives, shall have access for the purpose of audit and examination of books, documents, papers, and records of the subgrantee and its implementing agency, and to relevant books and records of the subgrantee, its implementing agency, and its consultants and contractors under this agreement, as provided under Applicable Federal Law. In addition to review of audits conducted in accordance with OMB Circular A-133, as revised, hereby incorporated by reference, monitoring procedures will include, on-site visits by Department staff, limited scope audits as defined by OMB Circular A-133, as revised, and status checks of subgrant activity via telephone calls from Safety Office staff to subgrantees. By entering into this agreement, the subgrantee and its implementing agency agree to comply and cooperate with monitoring procedures. In the event that a limited scope audit of the subgrantee or its implementing agency is performed, the subgrantee agrees to bring the project into compliance with the subgrant agreement. The subgrantee further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Comptroller or Auditor General. The Department shall unilaterally cancel this subgrant if the subgrantee or its implementing agency refuses to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, F.S., and made or received by the subgrantee or its implementing agency in conjunction with the subgrant. 12 5OO-O65-O 1 SAFETY 06/03 14. Audit. This part is applicable if the subgrantee is a State or local government or a non-profit organization as defined in OMB Circular A-133, as revised. In the event that the subgrantee expends $300,000 o¢ more in Federal awards in its fiscal year, the subgrantee must have a single or program-specific audit conducted in accordance with the provisions of OMB Circular A-133, as revised. Page 1 of this agreement indicates the source of Federal funds awarded through the Florida Department of Transportation by this agreement. In determining the Federal awards expended in its fiscal year, the subgrantee shall consider all sources of Federal awards, including Federal funds received from the Department of Transportation. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A-133, as revised. An audit of the subgrantee conducted by the Auditor General in accordance with the provisions OMB Circular A-133, as revised, will meet the requirements of this part. In connection with the audit requirements addressed above, the subgrantee shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as revised. If the subgrantee expends less than $300,000 in Federal awards in its fiscal year, an audit conducted in ac~cordance with the provisions of OMB Circular A-133, as revised, is not required. In the event that the subgrantee expends less than $300,000 in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, the cost of the audit must be paid from non-Federal funds. Copies of audit reports for audits conducted in accordance with OMB Circular A-133, as revised, and required by this agreement shall be submitted, when required by Section .320 (d), OMB Circular A-133, as revised, by or on behalf of the subgrantee directly to each of the following: (a) Flodda Department of Transportation 605 Suwannee Street, MS-17 Tallahassee, FL 32399-0450 (b) Federal Audit Clearinghouse Bureau of the Census 1201 East 10 Street Jeffersonville, IN 47132 (c) Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f), OMB Circular A-133, as revised. 15. Retention of Records. The subgrantee shall retain sufficient records demonstrating its compliance with the terms of this agreement for a period of three years from the date the audit report is issued, and shall allow the Department or its designee access to such records upon request. Records related to unresolved audit findings, appeals, or litigation shall be retained until the action is completed or the dispute is resolved. Records shall also be maintained and accessible in accordance with 49 CFR, Section 18.42 or 49 CFR, Section 19.53. '16. Procedures for Reimbursement. All requests for reimbursement of subgrant costs must be submitted on forms provided by the Department (FDOT Form Numbers 500-065-04 through 07). Appropriate documentation supportive of the reported costs must accompany each claim. The subgrantee or its implementing agency shall submit financial reimbursement forms to the Safety Office at least once each quarter as costs are incurred and payment is made. The only exception is when no costs are incurred during a quarter. Reimbursement for subgrants with personnel costs shall be made after every two pay periods if paid bi-weekly. Personnel costs reimbursement shall be requested monthly if payroll is on a monthly basis. Failure to submit reimbursement requests in a timely manner shall result in the subgrant being terminated. 13 500-065-01 SAFETY 06/03 All requests for reimbursement of Operating Capital Outlay items having a unit cost of $5,000 or more and a useful life of one year or more shall be accompanied by a Non-Expendable Property Accountability Record (FDOT Form No. 500-065-09). Payment of the Operating Capital Outlay costs shall not be made before receipt of this form. A final financial request for reimbursement shall be postmarked no later than October 31 following the end of the subgrant period. Such request shall be distinctly identified as Final. Failure to submit the invoice in a timely manner shall result in denial of payment. The subgrantee agrees to forfeit reimbursement of any amount incurred if the final request is not postmarked by October 31 following the end of the subgrant period. The Safety Office has a 30-day review process of financial reimbursement requests from the date of receipt. Reimbursement requests will be returned if not completed properly. 17. Ownership of Data and Creative Material. The ownership of material, discoveries, inventions and results developed, produced, or discovered by the agreement are governed by the terms of 49 CFR, Section 18.34, 49 CFR, Section 19.36, or OMB Circular A-110, hereby incorporated by reference. In addition to the provisions for 49 CFR, Part 18 and 49 CFR, Part 19, the State Safety Office reserves a royalty-free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use: (a) The copyright in any work developed under a subgrant or contract under a subgrant; and (b) Any rights of copyright to which a subgrantee or a contractor purchases ownership with subgrant support. 18. Property Accountability. The subgrantee or its implementing agency shall establish and administer a system to control, protect, preserve, use, and maintain and dispose of any property furnished by the Department, or purchased pursuant to this agreement in accordance with Federal Property Management Standards as set forth in 49 CFR, Section 18.32, 49 CFR 19, Section 19.34, or OMB Circular A-110, incorporated herein by reference. This obligation continues as long as the property is retained by the subgrantee or its implementing agency, notwithstanding the expiration of this agreement. 19. Disputes. Any dispute, disagreement, or question of fact arising under the agreement shall be decided by the State Safety Office in writing and shall be distributed to parties concerned. A written appeal may be made within 30 calendar days to the Governor's Highway Safety Representative at the Florida Department of Transportation, 605 Suwannee Street, MS 57, Tallahassee, Florida 32399-0450, whose decision is final. The subgrantee and its implementing agency shall proceed diligently with the performance of the agreement and in accordance with Department's decision. 20. Conferences, Inspection of Work. Conferences may be held at the request of any party to this agreement. Representatives of the Department or the U.S. Department of Transportation (USDOT), or both, shall be privileged to visit the site for the purpose of inspection and assessment of work being performed at any time. 21. Publication and Printing of Observational Surveys and Other Reports. (a) Before publication or printing, the final draft of any report or reports required under the agreement or pertaining to the agreement shall be submitted to the State Safety Office for review and concurrence. (b) Each publication or other printed report covered by Paragraph 21.a. above shall include the following statement on the cover page: (1) This report was prepared for the State Safety Office, Department of Transportation, State of Florida, in cooperation with the National Highway Traffic Safety Administration, U.S. Department of Transportation and/or Federal Highway Administration, U.S. Department of Transportation. (2) The conclusions and opinions expressed in these reports are those of the subgrantee and do not necessarily represent those of the State of Florida, Department of Transportation, State Safety Office, the U.S. Department of Transportation, or any other agency of the State or Federal Government. 14 500-O65-O1 SAFETY 06/03 22. Equal Employment Opportunity. No person shall, on the grounds of race, color, religion, sex, handicap, or national origin, be excluded from participation in, be refused the benefits of, or be otherwise subjected to discrimination under this subgrant, or any project, program, or activity that receives or benefits from this subgrar, award. The subgrantee and its implementing agency agree to comply with Executive Order (E.O.) 11246, as amended by E.O. 11375, and as supplemented by 41 CFR, Part 60, incorporated herein by reference. 23. Responsibility for Claims and Liability. Subject to the limitations of Section 768.28, Florida Statutes, the subgrantee and its implementing agency shall be required to defend, hold harmless and indemnify the Department, NHTSA, FHWA, and USDOT, from all claims and liability, or both, due to negligence, recklessness, or intentional wrongful misconduct of subgrantee, implementing agency, and its contractor, consultant, agents and employees. The subgrantee and its implementing agency shall be liable for any loss of, or damage to, any material purchased or developed under this subgrant agreement which is caused by the subgrantee's or its implementing agency's failure to exercise such care in regard to said material as a reasonable careful owner of similar materials would exercise. The parties executing this agreement specifically agree that no provision in this agreement is intended to create in the public or any member thereof, a third party beneficiary, or to authorize anyone not a party to this agreement to maintain a suit for personal injuries or property damage pursuant to the terms or provisions of this agreement. 24. Disadvantaged Business Enterprises (DBE). (a) The subgrantee and its implementing agency agree to the following assurance: The subgrantee and its implementing agency shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any USDOT-assisted contract or in the administration of its DBE program required by 49 CFR, Part 26, incorporated herein by reference. The subgrantee shall take all necessary and reasonable steps under 49 CFR, Part 26 to ensure nondiscrimination in the award and administration of USDOT-assisted contracts. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the subgrantee of its failure to carry out its approved program, the USDOT may impose sanctions as provide~ for under Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq.), herein incorporated by reference. (b) The subgrantee and its implementing agency agree to include the following assurance in each contract with a consultant or contractor and to require the consultant or contractor to include this assurance in all subcontract agreements: The consultant or contractor and subconsultant or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The consultant or contractor shall carry out applicable requirements of 49 CFR, Part 26 in the award and administration of USDOT-assisted contracts. Failure by the consultant or contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy, as the subgrantee, its implementing agency, or the Department deems appropriate. 25. Restrictions on Lobbying. The subgrantee and its implementing agency agree to comply and require consultants and contractors to comply with 49 CFR, Part 20, New Restrictions on Lobbying, herein incorporated by reference, for filing of certification and disclosure forms. No funds granted hereunder shall be used for the purpose of lobbying the legislature, the judicial branch, or state agencies. Section 216.347, Florida Statutes. 26. How Agreement is Affected by Provisions Being Held Invalid. If any provision of this agreement is held invalid, the remainder of this agreement shall not be affected. In such an instance the remainder would then continue to conform to the terms and requirements of applicable law. $ 15 500-065-O1 SAFETY 06/O3 27. Federal Requirement for Public Service Announcements. All public service announcements produced with Federal Highway Safety funds shall be closed captioned for the hearing impaired. 28. Public Awareness Materials and Promotional Items. All public awareness materials and promotional items reimbursed with subgrant funds shall contain a traffic safety message. Where feasible, either the Florida Department of Transportation logo or the words "Funding provided by the Florida Department of Transportation." shall appear on all items. The name of the subgrantee or implementing agency and its logo can appear on printed materials and promotional items. The names of individuals connected with the subgrantee shall not appear on printed materials and promotional items paid for with Federal highway safety funds. Before printing public awareness materials or ordering promotional items, a final draft or drawing of the items shall be submitted to the State Safety Office for review. The Office shall provide written approval for reimbursement if the items are appropriate for purchase under this agreement. Copies of all public awareness materials purchased with Federal highway safety funds shall be attached to the forms requesting reimbursement for the items. 29. Term of Agreement. Each subgrant shall begin on the date of the last party to sign the agreement and shall end on September 30, following, unless otherwise stipulated by the State Safety Office on the first page of the respective agreement. The subgrant pedod shall not exceed 12 months. 30. Clean Air Act and Federal Water Pollution Control Act. For subgrant awards in excess of $100,000 the subgrantee and its implementing agency agree to comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401 et seq.) and the Federal Water Pollution Control Act (33 U.S.C. 1251 et'seq.), herein incorporated by reference. The subgrantee shall include this provision in all subcontract awards in excess of $100,000. 31. Personnel Hired Under Agreement. The head of any implementing agency receiving first year funding for a new position(s) through a subgrant shall provide written notification within 30 days of the agreement being awarded to the State Safety Office that a new position(s) has been created in the agency as a result of the subgrant being awarded. Any and all employees of the subgrantee or implementing agency whose positions are funded, in whole or in part through a subgrant, shall be the employee of the subgrantee or implementing agency only, and any and all claims that may arise from said employment relationship shall be the sole obligation and responsibility of the subgrantee or its implementing agency. 32. Repossession of Equipment. Ownership of all equipment purchased with Federal highway safety funds rests with the subgrantee and its implementing agency; however, the USDOT maintains an interest in the equipment for three fiscal years following the end of the subgrant period. Any equipment purchased with Federal highway safety funds that is not being used by the subgrantee or its implementing agency for the purposes described in the subgrant shall be repossessed by the State Safety Office, on behalf of the USDOT. Items that are repossessed shall be disbursed to agencies that agree to use the equipment for the activity described in this subgrant. 33. Replacement or Repair of Equipment. The subgrantee and its implementing agency are responsible, at their own cost, for replacing or repairing any equipment purchased with Federal highway safety funds that is damaged, stolen, or lost, or that wears out as a result of use. Federal regulations prohibit funding equipment replacement. 16 500-065-01 SAFETY 0~103 34. Ineligibility for Future Funding. The subgrantee and its implementing agency agree that the Department shall find the subgrantee or its implementing agency ineligible for future funding for any of the following reasons: (a) Failure to provide the required audits, (b) Failure to continue funding positions created with highway safety funds after the Federal funding cycle ends, (c) Failure to provide required quarterly and final reports in the required time frame, (d) Failure to perform work described in Part II of the subgrant agreement, (e) Providing fraudulent quarterly reports or reimbursement requests, (f) Misuse of equipment purchased with Federal highway safety funds. 35. Safety Belt Policy. Each subgrantee and implementing agency shall have a written safety belt policy, which is enforced for all employees. A copy of the policy shall be submitted with the subgrant application. 36. Safety Belt Enforcement. All law enforcement agencies receiving subgrant funds shall have a standard operating procedure regarding enforcement of safety belt and child safety seat violations. A copy of the procedure shall be attached to the subgrant application. Law enforcement agencies receiving subgrant funds shall participate in the safety belt enforcement waves conducted in Florida and shall report their participation on the appropriate form by the deadline. Failure to participate shall result in the subgrant being terminated. 37. Certification for Equipment Costing More than $500 per Item. The head of any implementing agency purchasing equipment costing more than $500 per item shall send a letter to the Safety Office upon award of the subgrant certifying that none of the items being purchased with federal highway safety funds is replacing previously purchased equipment, whether the equipment was purchased with federal, state, or local funds. 38. Checkpoint Reporting. Any law enforcement agency that conducts DUI checkpoints shall attach a copy of the After Action Report for each checkpoint operation conducted during a quarter to its Quarterly Progress Report of Performance Indicators. 39.Child Safety Seats. Any implementing agency that receives funds to purchase child safety seats must have at least one staff member certified by the American Automobile Association (AAA) as a Certified Child Passenger Safety Technician. Failure to comply with this provision shall result in the termination of this agreement. 40. Special Conditions. 17 PROJECT NUMBER: SAFET~ 06/O3 IIN WITNESS WHEREOF, the parties affirm that they have each read and agree to the conditions set forth in Part V of this Agreement, that each have read and understand the Agreement in its entirety. Now, therefore, in consideration of the mutual covenants, promises and representations herein have executed this Agreement by their undersigned officials -~n the day, month, and year set out below. (For DOT Use Only) SUBGRANTEE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION City of Boynton Beach Name of Applicant Agency Typed By: By: Signature of Authorized Representative Title: Gerald Broening Authorized Representative's Name Typed Date: Title: Mayor Attest: Date: Attest: FEDERAL FUNDS ALLOCATED Signature of Witness ADMINISTRATOR OF IMPLEMENTING AGENCY Reviewed for the Department of Transportation: ~/ Signature of Administrator By: Marshall B. Gage Attorney- DOT Administrator's Name Typed Date: Title: Chief of Police NOTE: No whiteout or erasures accepted on this signature page. 18 BOYNTON BEACH POLICE DEPARTMENT PATROL OPERATIONS STANDARD OPERATING PROCEDURE No. 01-02 UNIFORMED SERVICES DIVISION EFFECTIVE DATE:3/15/01 Contents: 10. Reporting of information to appropriate organizational components. I. Policy II. Patrol Function IlL PERFORMANCE OBJECTIVES III. Performance Objectives In the interest of the safety and rights of the citizenry, IV. Shift Assignment officers will adopt the following general performance V. Vehicle Operation objectives as a guide: VI. Special Purpose Vehicles VII. Incident Response VIII. Incident Reporting l. To reduce personal injury and property IX. Special Events damage accidents through the use of directed patrol and X. Traffic Enforcement aggressive traffic law enforcement. Xl. Search and Rescue 2. To reduce the overall crime rate by increasing Xll. CFLEA References the efficiency in preventive patrol, investigative efforts, XIII. Proponent Unit and reporting. XlV. Cancellation 3. To reduce crime and disorder by improving the quality of life in the community. Officers will be I. POLICY concerned with citizens' problems and concerns and will perceive the community as a partner in promoting The Boynton Beach Police Department provides 24- hour, seven days a week law enforcement response to security emergency and routine calls for service within its service area. This service is provided by the Uniformed IV. SHIFT ASSIGNMENT Services Division assisted by the Support Services A. The patrol force is organized into four platoons designated as "A" (Alpha) 1 and 2; Alpha 3 Division and the various staff components, and 4; "B" (Bravo) 1 and 2; and Bravo 3 and 4. II. PATROL FUNCTION The Uniformed Services Division is responsible for the B. The Alpha platoons report for duty at 0430 hours (Al and 3) and 0630 hours (A2 and 4) on days following major job tasks: each platoon is a~signed to work. The Bravo Platoons 1. Preventive patrol with emphasis on the report for duty at 1630 hours (B1 and 3) and 1830 prevention of crimes and accidents, maintenance of hours (B2 and 4) on days each platoon is assigned to public order, and the discovery of hazards and work. delinquency-causing situations; C. Rotation of days off and working days 2. Crime prevention activities; 3. Response to calls for service; operates as follows: 2 on; 2 off; 3 on; 2 off; 2 on; 3 off. 4. Investigation of crimes and the arrest of Additional days off for vacation, holiday, personal or compensatory days can only be taken with prior offenders; 5. Traffic direction and control; supervisory approval. 6. Regulation of certain businesses or activities V. VEHICLE OPERATION as required by law; 7. Maintenance of public order; A. All personnel will properly position and secure 4. Provision of emergency services; the seat b~lt prior to operating a departmental vehicl*. 9. Development of relationships between citizens Althoush ear& departmental whi¢l¢ ks equipped with a and the department in the spirit of community policing; dri~, ~ a~ ba8,~ protection fxom driver collision can only be assured by proper use of the three and point seat belt. Boynton Beach Police Department Written Directive 1 I. The shift commander may approve B. Upon assuming control of a departmental the use of bicycles when manpower resources allow. vehicle, officers will inspect the exterior and interior for 2. Officers operating departmental damage. Any damage not previously noted will be bicycles will wear an ANSI approved bicycle helmet. reported to a field supervisor for documentation and 3. The Uniformed Services Division investigation. Administrative Lieutenant is responsible to insure that departmental bicycles are maintained and repaired as C. Any equipment assigned to remain with the necessary. vehicle will be inspected and any deficiencies or 4. A first aid kit and personal bio-hazard discrepancies reported to a field supervisor, kit will be carried in the bicycle's utility bag.. VI. SPECIAL PURPOSE VEHICLES D. SWAT Van - The SWAT Van is utilized to A. Motorcycles- Departmental motorcycles will transport men and equipment to the scene of hostage, be utilized for traffic enforcement operations and sniper and barricade incidents. special details as approved by the Chief of Police. l. The van will be operated only by 1. Motorcycles are not to be operated in those members of the SWAT team who are familiar inclement weather, with the operation of the van. 2. Motorcycles will not be utilized for 2. The SWAT commander is vehicular pursuit, responsible to insure that the van is maintained and 3. Only those personnel who have repaired as necessary. received training in the operation of the motorcycle, as 3. Firearms and incendiary devices are approved by the Chief of Police, and hold a valid not to be stored on the van when not in use for motorcycle certification fi.om the DHSMV, may operate operational purposes. motorcycles. 4. The SWAT van will be equipped with 4. The Traffic Unit Sergeant is three first aid kits, three personal bio-hazard kits, and responsible for insuring that all motorcycles are any specialized equipment deemed appropriate for maintained and repaired as necessary, resolution of the incident which resulted in the SWAT 5. A first aid kit and personal bio-hazard call out. kit are to be maintained in the motorcycle saddle bags. VIL INCIDENT RESPONSE B. Boat- The departmental boat will be utilized A. A single unit will be dispatched to handle to patrol the inland and coastal waters bordering the routine calls for service. However, the nature of some City of Boynton Beach. Marine Unit personnel will calls may require that additional units are dispatched for perform marine assistance, surveillance and search and purposes of safety as well as more effective handling of rescue operations at the direction of the Commander of a situation. Following are examples of situations the Uniformed Services Division. requiring the response of more than one officer: 1. The boat will be operated only by I. Domestic violence calls; those personnel, approved by the Division Commander, 2. Crimes in progress; who have completed a safe boating course and are 3. Premise history indicates that an familiar with the operation of the vessel, arrest is likely or an officer might be assaulted; 2. Marine Unit personnel will insure that 4. The nature of the call indicates that th~ boat is maintained and repairs performed as more than one officer will be required to render the necessary by vendors approved by the Chief of Police. necessary service or perform the required enforcement action. 3. The Marine Unit may participate in joint law enforcement operations at the direction of the B. Patrol supervisors should respond to those Chief of Police. calls for service or crimes in progress when more than 4. Rescue and life saving equipment will two units have been dispatched. Following is a listing be maintained on the boat by Marine Unit personnel, of incidents that require the presence of a patrol 5. Boat operators and passengers will supervisor: wear a personal floatation device, approved by the 1. Homicide or serious assault where Division Commander, while underway on the boat. death may result; 2. Sex offenses; C. Bicycles - Bicycles will be utilized for 3. Departmental accidents; community patrol and patrol of business areas at the 4. Kidnapping and missing children direction of the Division Commander when enhanced incidents; citizen contact is desired and manpower permits. 5. Child abuse incidents; 2 Boynton Beach Police Department Written Directive 6. Hostage, sniper and barricade offense and statute number. The remainder of the incidents; form should be completed as appropriate with a 7. Natural disasters; complete narrative explaining the course of the 8. Explosive devices and bomb threats; preliminary investigation and any information that 9. Major crashes; may prove helpful to follow-up investigators. 10. Service of search and seizure warrants; 2. Short Form Offense Report -Used for 11. Major fire scenes; recording the occurrence of a crime where complete 12. Any reportable use of force or information, as required by the Long Form Offense discharge ora firearm by an officer. Report, is not available. In all instances, the heading of the report should be completed as indicated above This list is not intended to be all-inclusive. Patrol for the Long Form. The narrative must also be supervisors are responsible for the proper performance completed explaining the course of the preliminary of their subordinates and should respond to any incident investigation and any information that may prove where supervisory guidance or intervention may be helpful to follow-up investigators. necessary. 3. Short Narrative Header - Used to C. Officers will be assigned to respond to each document any incident or to record information that crime or incident reported to the police department, may prove useful for law enforcement purposes. When a responding officer determines that a higher level of response to a call for service or report of a 4. Offense Report- Child/Elderly Safety crime is necessary, the officer will notify Review - Used to record offense of child or elderly communications that additional officers are required abuse and neglect. This form is to be completed in its and the dispatcher will promptly assign additional units entirety in any instance of a missing child, missing and a patrol supervisor as required, vulnerable adult, child abuse or neglect, elderly abuse or neglect and any case where the officer is VIII. INCIDENT REPORTING summoned or directed by the Department of Children A. A written report should be generated for any and Families to investigate any offense against a child incident where documentation or recordation of or adult. The narrative must be completed explaining information might prove beneficial to law enforcement the course of the preliminary investigation and any or crime prevention operations, information that may prove helpful to follow-up investigators. B. The following incidents require that a formal report be completed: 5. Truancy Offense Report- Used to 1. All crimes record the custody and disposition of a child found 2. Motor vehicle crashes involving truant. The heading of the report must be completed death, injury or extensive property damage, in its entirety and the narrative must reflect the 3. Racial, religious or ethnic incidents, circumstances of custody and the disposition. Parent 4. Domestic violence incidents, or guardian information must also be completed and 5. Any incident resulting in the arrest of the person to whom the juvenile is released must be any person, clearly indicated.' 6. Incidents involving the unattended death of any person. D. Field reports, once completed on the officer's laptop, will be stored on a floppy (3.5 inch) C. Report forms are available in the "general disc which will be labeled with the officer's name and templates" of the Microsoft Word program which is date. The disk will be turned in to the officer's found on each officer's laptop computer. Report supervisor. The supervisor will review the reports forms consist of the following:, contained on the disk(s) and either send the report back to the officer if corrections are necessary or turn 1. Long Form Offense Report - Used for the disk in to the Records Division for entry in the recording the occurrence of a crime where witnesses, records management system. suspects, arrestees, complainant(s) and property listings are to be recorded along with a narrative. E. At the conclusion of any call for service or This form is also utilized for auto thefts, recovered incident wherein an incident number has been assigned, stolen autos and worthless or illegal documents. In the officer will advise the communication dispatcher of all instances, the heading of the report is to be the proper four digit M.O. code which identifies the completed. This includes OR number, day/date, time, location, officer name/ID number and the specific Boynton Beach Police Department Written Directive 3 type of call or incident. Officer will advise the by Florida Statute 316.613. Tothisend, officers will be dispatcher when no reporting will be completed, alert to violations and take the appropriate enforcement action in each instance. F. Sergeants will ensure that reports are accurately and correctly completed and submitted prior XI. SEARCH AND RESCUE OPERATIONS to the completion of the tour of duty during which the A. Search and rescue operations fall under the incident occurred. Any delay in submission of required command of the Boynton Beach Fire Department with reporting must be authorized by a field sergeant, support from the Police Department and other City Supervisors will forward all completed and approved department as required. Fire Department personnel are reports to the Records Division for review and storage, trained in rescue operations and use of specialized equipment for this purpose. IX. SPECIAL EVENTS A. All special events will be coordinated through B. The on duty Shift Commander will make the the office of the Division Commander. An operational determination that a search and rescue operation should plan will be published in advance of the event and be initiated and immediately notify the Staff Duty include the following: Officer. 1. Designation of a detail commander and supervisory personnel responsible for coordination C. The Shift Commander will request that ofpolicecoverage; Communications notify the Fire Department Duty 2. Logistical requirements, if any; Officer that a search and rescue operation is required 3. Provisions for coordination of and establish a command post in the vicinity of the area coverage both within the agency and among other where the operation will be conducted. municipal personnel and departments. 4. An indication of any traffic, crowd D. The Shift Commander will begin the operation control or crime problems expected in connection with with the assignment of a sufficient number of police the event, personnel in order to initiate a search. SWAT personnel and Marine Unit officers (if appropriate) may B. The designated detail commander will submit be called in and utilized for this purpose. an "after action" report to the Division Commander immediately upon the conclusion of the detail. The E. The Shift Commander will maintain control of "after action" report will include: the operation until relieved by Fire Department 1. An estimate of attendance; personnel, Staff Duty Officer or higher authority. 2. An accounting of any arrests made; 3. Any problems out of the ordinary XII. CFA REFERENCES: 17.01, 17.02, encountered by police personnel. 17.04, 17.08, 17.10, 17.12. X. TRAFFIC ENFORCEMENT XIII. PROPONENT UNIT: Uniformed A. Traffic enforcement and crash investigation Services Division. are the primary responsibilities of the Traffic Unit. However, all personnel assigned to uniformed patrol ×V. CANCELLATION: This is a new will vigorously and impartially enforce all traffic laws directive. and assist in the handling and investigation of traffic crashes when needed. B. En~ ~T~n~ Florida Sear Belt Law, codified a~FI~~I6,6tA is enforceable as a secondary ~~. Ilowever, through enfore.,~am~:...o/:.~ ~ ~ through public awamn~n effort~ by~l~ delmmnent, the ~a~anagement of seat belt usage should be of high importamce to all personnel. Steve Graham, Major Commander, Uniformed Services Division C. It is the legislative intent that all state, county and local law enforcement agencies, in recognition og the problems with child death and injury from unrestrained occupancy in motor vehicles, conduct continuous public awareness and safety campaigns to encourage the use of child restrain devices as required 4 Boynton Beach Police Department Written Directive V.-CONSENT AGENDA CITY OF BOYNTON BEAC ITEM C.2. AGENDA ITEM REQUEST Requested CiW Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting, Dates in to City Clerk's Office [] August 5. 2003 July 14, 2003 (Noon.) [] October 7, 2003 September 15, 2003 (Noon) [] August 19. 2003 August 4, 2003 (Noon) [] October 21, 2003 October 6, 2003 (Noon) [] September 2, 2003 August 18, 2003 (Noon) [] November 5, 2003 October 20, 2003 (Noon) [] September 16, 2003 September 2, 2003 (Noon) [] November 18, 2003 November 3, 2003 (Noon) [] Administrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Motion to authorize the Mayor to execute an agreement between the City of Boynton Beach and the Florida Department of Transportation, to fund the purchase of a police vehicle to assist the states Aggressive Driver Program. EXPLANATION: DOT is willing to purchase a police vehicle and related equipment at a cost of $47,245.00. The cities cost will be to maintain the equipment in running order for five (5) years and use it for law enforcement activities. PROGRAM IMPACT: With this grant the city will have an unmarked police vehicle for aggressive driver enforcement. FISCAL IMPACT: There is no cost to the city for the purchase of the vehicle and related equipment. ALTERNATIVES: / ,tS~(aixm~nt4-W~'s Signature City Manager's Signature Police Attorney / Finance / Human Resources Department Name City S:~BULLET1N~ORMS~AGENDA ITEM REQUEST FORM.DOC Florida Department of Transportation JEs st's~ 605 Suwannee Street ,~()s~ ~sR~t GOVERNOR Tallahassee, FL 32399-0450 SECR~: t xR~ September 4. 2003 Chief Marshall B. Gage Boynton Beach Police Department 100 E. Boynton Beach Blvd. Boynton Beach. Florida 33435 Re: Fiscal Year 2004 Subgrant Application For Highway Safety Funds Information. Dear Chief Gage: Once again, congratulations on being selected to receive highway safety grant funds for Fiscal Year (FY) 2004. As stated in the earlier letter you received regarding highway safety grant funding, the following information is provided for use in preparing your Subgrant Application For Highway Safety Funds dated 06/03. Your Project Title is Boynton Beach Speed & Aggressive Driving Program The Support Sought (Award Amount by FDOT) is $47,245 The Part III: Project Detail Budget: (Attachment) The Quarterly Progress Report of Performance Indicators: (Attachment) Please refer to the attachments for further assistance in completing and submitting your Subgrant Application For Highway Safety Funds. Please contact Lisa Helms at (850) 488-5455, if you have any questions. Sincerely, Traffic Safety Administrator C GS/nj 1 Attachments cc: Lisa Helms Officer Richard McNevin CP# 087 www.dotstate,flus Subgrant Application Assistance Please follow these guidelines when completing and submitting all Subgrant Applications: 1. All pages must be in order and correctly numbered. 2. Send one copy of the completed Subgrant Application, including all report pages and legal pages, and three original signature pages to: Carla Sims Traffic Safety Administrator Florida Department of Transportation 605 Suwannee Street, MS 17 Tallahassee, Florida 32399-0450 3. A copy of your agency's safety belt policy must be attached to the Subgrant Application (Part V: Acceptance and Agreement, #35). 4. Law Enforcement agencies must also attach a copy of their standard operating procedure regarding enforcement of safety belt and child safety seat violations (Part V: Acceptance and Agreement, #36). 5. Certification for Equipment Costing More than $500 per Item. The head of any implementing agency purchasing equipment costing more than $500 per item shall send a letter to the Safety Office upon award of the subgrant certifying that none of the items being purchased with federal highway safety funds is replacing previously purchased equipment, whether the equipment was purchased with federal, state, or local funds (Please refer to Part V: Acceptance And Agreement #37). Subgrant Applications with approved Personnel Services must also follow these guidelines: 1. Continuing subgrants with Personnel Services must submit their completed Subgrant Application to the FDOT Safety Office, as soon as possible, to be considered for funding to begin on October 1, 2003. 2. If your subgrant contains personnel, your agency must provide FDOT the name(s) of the individual(s) whose salary is being reimbursed under the subgrant. If notification is not provided to FDOT, salary will not be reimbursed. RESOLUTION NO. R03- A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND THE FLORIDA DEPARTMENT OF TRANSPORTATION, PROVIDING FOR THE FUNDING OF A POLICE VEHICLE TO ASSIST THE STATE'S AGGRESSIVE DRIVER PROGRAM; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Boynton Beach Police Department applied for and has been awarded a sub-grant from the Florida Department of Transportation in the total amount of $47,245.00, for the funding of a police vehicle to assist the state's Aggressive Driver Program; and WHEREAS, t his vehicle will greatly assist the City of Boynton Beach Police Department in their ongoing attempt to curb aggressive driving on City roadways, and rill also be utilized during public events, where officers will educate the public on the flangers of speed and aggressive driving. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION }F THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section I. The City Commission of the City, of Boynton Beach hereby uthorizes acceptance of the Florida Department of Transportation sub-grant in the amount of $47,245.00, and execution of an Agreement with the Florida Department of rransportation to fund a police vehicle to assist the state's Aggressive Driver Program. A :opy of the agreement is attached hereto. Section 2. This Resolution shall become effective immediately upon passage. ~:\CA\RESO~Agreements\BBPD\BBPD-FDOT - Agressive Ddver Vehicle.doc PASSED AND ADOPTED this __ day of October, 2003. CITY OF BOY'NTON BEACH, FLORIDA Mawr Vice Mayor Commissioner Commissioner Commissioner ~.TTEST: City Clerk 5:\CA\RESO'~Agreements\BBPD\BBPD-FDOT - Agressive Ddver Vehicle.doc SUBGRANT APPLICATION FOR HIGHWAY SAFETY FUNDS s,'"~' '36~'3 II ForD.O.T. Use Only I Project Number: DOT Contract Number: ederal Funds Allocated: Date Approved: Subgrant Period: Date Revised: Subgrant History: (1) (2) (3) Part I: GENERAL ADMINISTRATIVE INFORMATION See Instructions for Highway Safety Subgrant Applications) I. Project Title: Boynton Beach Speed & Aggressive Driving Program 2. Type of Application: (~) Initial O Continuation 3. Requested Subgrant Period: 10/1/2003 to 9/30/2004 4. Support Matching Total Sought: $47,245 Share: $0 Budget: $47,245 5. Applicant Agency (Subgrantee): 6. Implementing Agency: City of Boynton Beach City of Boynton Beach Police Department Mayor Broening Marshall B. Gage, Chief of Police 100 E. Boynton Beach Blvd. 100 E. Boynton Beach Blvd. P.O. Box 310 P.O. Box 310 Boynton Beach FL. 33435 Boynton Beach, FI. 33435 Telephone: (561 ) 742-6000 Telephone: (561 ) 742-6101 7. Federal ID Number: 8. State SAMAS Number (State Agencies) 596000282005 9, Chief Financial Officer: 10. Project Director:. Diane Reese Sgt. Stewart Steele City of Boynton Beach City of Boynton Beach 100 E. Boynton Beach Blvd. 100 E. Boynton Beach Blvd. P.O. Box 310 P,O. Box 310 Boynton. Beach, FL. 33435 Boynton Beach, FL. 33435 Telephone Number: (561) 742-6312 Telephone Number:. (561) 742-6163 Fax Number: (561) ~42-6316 Fax Number: (561) 742-6185 E-Mail Address: Reesed@ci.boynton-beach.fl.us E-Mail Address: Steeles@ci.boynton-beach.fl.us Subgrant funds provided by the U.S. Department of Trans:}ortation, National Highway Traffic Safety Administration, Catalog of Federal Domestic Assistance Number - 20.60m , State and Community Highway Safety Program, through the Florida Department.of Transportation. 1 Partll: PROJECT PLAN AND SUPPORTING DATA IState clearly and in detai'l the aims of the project, precisely what will be done, who will be involved, and what is expected to result. Use the following major headings: 1. Statement of the Problem 2. Proposed Solution 3. Objectives 4. Evaluation 5. Milestones (Use form provided) Start below and use additional pages as necessary. 1. Statement of the Problem: The city of Boynton Beach is located along the Atlantic Coast and in the southern part of Palm Beach County. The city has approximately 62,000 year round residents. During the winter months, September through April, there is a sharp increase in the winter residents and tourists. The city is approximately 16 square miles and lies between West Palm Beach, which is 10 miles to the north, and the city of Miami, which is 50 miles to the south. A problem that exists in the city of Boynton Beach as well as other cities throughout the county is an epidemic aptly name" Road Rage". Road Rage is the result of another problem referred to as" Aggressive Driving ". Specific types of moving violations committed by drivers can be defined as aggressive driving. Speeding, following too close, improper lane changing, reckless driving, failing to obey traffic signals and failing to yield the right of way to name a few examples. Road Rage occurs when one driver expresses anger towards another driver, and acts on that anger. It is often a reaction to perceived wrongdoing or discourtesy by another driver. Each year there are an estimated 2 million episodes of aggressive driving. That number appears to be increasing each year. It is also estimated that yearly 20,000 Americans die because of aggressive driving incidents. The American Automobile Association suggests that driver-to-driver violence is up more than 50 percent since 1990. From March 1,2002 through March 1,2003 the Boynton Beach Police Department wrote 16,641 citations. Of those citations written 4,640 were for speed, 51 for reckless driving, 1205 for violation of traffic control device, 132 for 'mproper lane change, 249 for fail to yield right of way and 685 for careless driving. In October of 2002 the Department ncreased the manpower in the traffic division in order to combat the speed and aggressive driving problem. From that time the number of citations being writtenhas increased by heady 30 percent. 2. Proposed Solution: The Boynton Beach Police Department has identified the seriousness of the aggressive driving problem. As such in January of 2003 the department started the road-runner project. This project is a five-person detail that moves throughout the city performing traffic enforcement. This project is done once a week at different times of the day to address the numerous speeding and aggressive driving problems we have. we believe the addition of an unmarked vehicle will enhance our ability to detect and apprehend aggressive ddvers. The vehicle will be used by the Department to target specific areas. We believe a less conspicuous car will enhance the effectiveness of our enforcement. During peak driving times, early morning and late afternoons, officers will be able to utilize the vehicle in areas within the city where there have been complaints about aggressive driving. Areas in which the vehicle will be used include school zones, and roads that are heavily traveled during peak driving times. Enforcement will also be conducted during weekend nights, and during campaigns such as the Stop Red Light Running Week, and the different Seat Belt Enforcement Weeks. The vehicle will be used during public events where officers will be able to educate the public on the dangers of speed and aggressive driving. The vehicl~ will also be used at the high school in the city to educate high school age students to the danger of aggressive driving. 0~0~ 3. Objectives: 1. Increase number of citations using solutions from proposal 2. Increase public awareness on aggressive driving 3. Reduce number of crashes that involve the factors in aggressive driving 4. Educate other officers in the Department on aggressive driving and road rage 4. Evaluation: The Boynton Beach Police department will evaluate the overall success of the program by the number of citations issued during aggressive driving enforcement. The number of aggressive drivers apprehended and the success of the public awareness programs concerning aggressive driving. Timetable for Milestones Milestones ~.,Quarter 2nd Quarter 3rd Qua.er 4th Qua.er OCT NOV DEC JAN FEB MAR APR MAY JUN JUL AUG SEP Conduct Traffic Stops X X X X X X X X X X X Track Speed Related Tickets X X X X X X X X X X X Track Hazardous Moving Violations X X X X X X X X X X X Conduct Public Awareness Activities X X X X X X X X X X X Conduct Specialized Traffic Enforcement X X X X X X X X X X X Conduct DUI Checkpoints X X X X X Track Child Restraint Ticket Issued BY Agency X X X X X X X X X X X Track Safety Belt Tickets Issued By Agency X X X X X X X X X X X Part II1' PROJECT DETAIL BUDGET ~.~ 36~3 Project Title: Boynton Beach Speed & A,ggressive Driving Program Project Number: Contract Number: BUDGET CATEGORY TOTAL FEDERAL NON-FEDERAL FUNDING STATE LOCAL A. Personnel Services Sub-total B. Contractual Services Sub-total C, Expenses Sub-total D. Operating Capital Outlay One (1) Uncon. Vehicle wi li.qhts & siren $ 37,500 $ 37,500 Installation Costs $1,200 $1,200 One (1) Computer Stand $ 200 $ 200 One (1) In-Car Video Camera $ 4,350 $ 4,350 One (1) Radar Unit $ 2,995 $ 2,995 One (1) Computer Modem $1,000 $1,000 Sub-total $ 47,245 $ 47,245 E. Indirect Cost Sub-total Total Cost of Project $ 47,245 $ 47,245 Budget Modification Number: 5 Effective Date: BULJ~I:. I NAF(I'<A'F iVE 36/03 JProject Title: Boynton Beach Speed & Aggressive Driving Program Project Number: Contract Number: ~e following is a narrative description of the project budget by line item by category, detailing the item and anticipated cst. Each category must be sufficiently defined to show cost relationship to project objectives. Attach additional sheets as needed. D. Operating Capital Outlay $47,245 Cost to be reimbursed in this category include a police vehicle with lights & siren, in-car video camera, radar unit, computer stand, computer modem and installation costs.. Budget Modification Number. 6 Effective Date: PartlY: REPORTS ~6~C.~ Quarterly Progress Report Narrative for the quarter. oject Title: Boynton Beach Speed & Aggressive Driving Program Project Number: Implementing Agency: Project Director: -Describe the subgrant activities that took place during the quarter. Attach newspaper clippings, press releases, photos and other items that document activities. Use additional sheets, if necessary. The Quarterly Progress Report of Performance Indicators should be sent to the DOT Safety Office along with the narrative within 30 days of the end of each quarter. for the quarter. Project Title: Boynton Beach Speed & Aggressive Driving Program Project Number: Implementing Agency: Boynton Beach Police Department Project Director: Sgt. Stewart Steele Milestones Acomplished Performance Indicators Quarter Quarter Six-Month Quarter Quarter Ending Ending Totals Ending Ending Project December 31 March 31 June 30 September 30 Totals Number of Traffic Stops made using grant funded equipment Number of speed related tickets issued using grant funded equipment Number of other hazardous moving violations issued using grant funded equipment Number of public awareness events conducted by the agency Number of specialized traffic enforcement operations conducted by the agency Number of DUI checkpoints held by the agency Number of child restraint tickets issued by the agency Number of safety belt tickets issued by the agency Final Narrative Report ~F?, 3610.3 IProject Title: Boynton Beach Speed & Aggressive Driving Program ~ject Number: Implementing Agency: Project Director: The following is a chronological narrative history of the above listed project in accordance with Parr V: Acceptance and Agreement, Conditions of Agreement, 1. Reports. This report is an accurate accounting of the project performance and accomplishments. Attach additional sheets as needed. 9 · Part V: Acceptance And Agreement Conditions of Agreement. Upon approval of this Subgrant Application for Highway Safety Funds, the following terms and conditions shall become binding. Noncompliance will result in loss of, or delays in, reimbursement of costs as set forth herein. 1. Reports. The subgrant year quarters are October 1 - December 31, January 1 - March 31, April 1 - June 30, and July 1 - Septmeber 30. The implementing agency shall submit the Quarterly Progress Report Narrative and Quarterly Progress Report of Performance Indicators forms to the State Safety Office by the last day of the month following the end of each quarter (January 31, April 30, July 31, and October 31) if the subgrant was effective during the quarter any part of the quarter. Quarterly reports postmarked after the respective submission dates listed above shall be considered past due. The implementing agency shall submit a Final Narrative Report, giving a chronological history of the subgrant activities, problems encountered, and major accomplishments by October 31. Requests for reimbursement will be returned to the subgrantee or implementing agency unpaid if the required reports are past due, following notification. 2. Responsibility of Subgrantee. The subgrantee and its implementing agency shall establish fiscal control and fund accounting procedures that assure proper disbursement and accounting of subgrant funds and required non-federal expenditures. All monies spent on this project shall be disbursed in accordance with provisions of the Project Detail Budget as approved by the State Safety Office. All expenditures and cost accounting of funds shall conform to 49 CFR, Part 18, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments; 49 CFR, Part 19, Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non-Profit Organizations; OMB Circular A-102, Grants and Cooperative Agreements with State and Local Governments; OMB Circular A-110, Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non-Profit Organizations; OMB Circular A-21, Cost Principles for Educational Institutions; OMB Circular A-87, Cost Principles for State, Local, and Indian Tribal Governments; and/or OMB Circular A-122, Cost Principles for Non-Profit Organizations, hereby incorporated by reference, (hereinafter referred to as Applicable Federal Law). 3. Compliance with Chapter 287, Florida Statutes. The subgrantee and implementing agency agree to comply with all applicable provisions of Chapter 287, Florida Statutes. The following provisions are stated in this agreement pursuant to sections 287.133(3)(a) and 287.134(3)(a), Florida Statutes. (a) Section 287.133 (2)(a), F.S. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. (b) Section 287.134 (2)(a), F.S. An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity. 4. Approval of Consultant and Contractor Agreements. The State Safety Office shall review and approve in writing all consultant and contractor agreements prior to the actual employment of the consultant or the contractor by the subgrantee or implementing agency. Approval of the subgrant does not constitute approval of a consultant or contractor agreement. 10 All consultant agreements will contain the following statement: The parties to this contract shall be bound by all applicable sections of Part V: Acceptance and Agreement of Project # (insert project number), DOT Contract # (insert contract number). A final invoice must be received by (insert date) or payment will be forfeited. 5. Allowable Costs. The allowability of costs incurred under any subgrant shall be determined in accordance with the general principles of allowability and standards for selected cost items set forth in the Applicable Federal Law and state law, to be eligible for reimbursement. All funds not spent in accordance with the Applicable Federal Law will be subject to repayment by the subgrantee. 6. Travel. Travel costs for approved travel shall be reimbursed in accordance the State of Florida, Department of Transportation's (Department's) Disbursement Operations Manual, Chapter 3 Travel, hereby incorporated by reference, but not in excess of provisions in Section 112.061, Florida Statutes. All out-of-state travel, conference travel, meeting travel which includes a registration fee, and out-of-grant-specified work area travel shall require written approval of the State Safety Office prior to the commencement of actual travel as being within the travel budget of the project and relevant to the project. Out-of-state travel shall not be approved unless the specific trip is in the approved subgrant budget or the head of the Implementing Agency provides sufficient justification to prove that the travel will have significant benefits to the outcome of the subgrant activities. In addition, prior written approval shall be obtained from the State Safety Office for hotel rooms with rates exceeding $100 per day that are to be reimbursed. Rates exceeding $100 per day shall not be approved unless the hotel is the host facility for an approved conference or the average rate for all hotels in the area exceeds $100. 7. Written Approval of Changes. The subgrantee or implementing agency shall obtain prior written approval from the State Safety Office for changes to the agreement. Changes to the agreement will be approved which achieve or improve upon the outcome of the subgrant work, or where factors beyond the control of the subgrantee require the change. For example: (a) Changes in project activities, milestones, or performance indicators set forth in the approved application. (b) Changes in budget items and amounts set forth in the approved application. (c) Changes to personnel in positions that are being reimbursed by this agreement. Changes to the subgrant agreement shall only be requested by the Authorized Representative of the Subgrantee or the Adminstrator of the Implementing Agency. Requests for changes to the subgrant budget must be postmarked no later than June 30 of the fiscal year to be considered. Requests for budget changes postmarked after June 30 will be denied. 8. Reimbursement Obligation. The State of Florida's performance and obligation to reimburse the subgrantee shall be subject to the availability of Federal highway safety funds and an annual appropriation by the Legislature. As detailed in 49 CFR, Part 29, Governmentwide Debarment and Suspension (Nonprocurement) and Governmentwide Requirements for Drug-Free Workplace (Grants), hereby incorporated by reference, the subgrantee shall not be reimbursed for the cost of goods or services received from contractors, consultants, vendors, or individuals suspended, debarred, or otherwise excluded from doing business with the Federal government. The subgrantee or its implementing agency shall submit the required certification by consultants with awards in excess of the small purchase threshold fixed at 10 U.S.C. 2304(g) and 41U.S.C. 253(g) (currently $25,000). 9. Commencement of Projects. If a project has not commenced within 30 days after the acceptance of the subgrant award, the subgra~tee or its implementing agency shall report by letter the steps taken to initiate the project, the reasons for delay, and the expected starting date. If, after 60 days from the acceptance of the award, project activity as described herein has not begun, a further statement of implementation delay will be submitted by the subgrantee or its implementing agency to the State Safety Office. The subgrantee agrees that if the letter is not received in the 60 days, the State Safety Office will cancel the project and reobligate the funds to other program areas. The State Safety Office, where warranted by excusable delay, will extend the implementation date of the project past the 60-day period, but only by formal written approval from the State Safety Office. 11 06~03 10. Excusable Delays. {a) Except with respect to the defaults of subgrantee's or implementing agency's consultants and contractors which shall be attributed to the subgrantee, the subgrantee and its implementing agency shall not be in default by reason of any failure in performance of this agreement in accordance with its terms if such failure arises out of causes beyond the control and without the fault or negligence of the subgrantee or its implementing agency. Such causes are acts of God or of the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather, but in every case the failure to perform must be beyond the control and without the fault or negligence of the subgrantee. If the failure to perform is caused by the failure of the subgrantee's or its implementing agency's consultant or contractor to perform or make progress, and if such failure arises out of causes beyond the control of the subgrantee, its implementing agency and its consultant or contractor, and without the fault or negligence of any of them, the subgrantee shall not be deemed to be in default, unless (1) the supplies or services to be furnished by the consultant or contractor were obtainable from other sources, (2) the State Safety Office shall have ordered the subgrantee or its implementing agency in writing to procure such supplies or services from other sources, and (3) the subgrantee or its implementing agency shall have failed to comply reasonably with such order. (b) Upon request of the subgrantee or its implementing agency, the State Safety Office shall ascertain the facts and extent of such failure and, if it shall be determined that any failure to perform was occasioned by any one or more of the said causes, the delivery schedule shall be revised accordingly. 11. Obligation of Subgrant Funds. Subgrant funds may not be obligated prior to the effective date or subsequent to the termination date of the subgrant period. Only project costs incurred on or after the effective date and on or prior to the termination date of the subgrant application are eligible for reimbursement. A cost is incurred when the subgrantee's employee, its implementing agency, or approved contractor or consultant performs the service required or when goods are received by the subgrantee or its implementing agency, notwithstanding the date of order. 12. Performance. In the event of default, noncompliance, or violation of any provision of this agreement by the subgrantee, the implementing agency, the subgrantee's consultant(s) or contractor(s) and supplier(s), the subgrantee agrees that the Department will impose sanctions. Such sanctions include withholding of payments, cancellation, termination, or suspension of the agreement in whole or in part. In such an event, the Department shall notify the subgrantee and its implementing agency of such decision 30 days in advance of the effective date of such sanction. The sanctions imposed by the Department will be based upon the sevedty of the violation, the ability to remedy, and the effect on the project. The subgrantee shall be paid only for those services satisfactorily performed prior to the effective date of such sanction. 13. Access to Records and Monitoring, The Department, NHTSA, Federal Highway Administration (FHWA), and the Comptroller and Auditor General of the State of Flodda, or any of their duly authorized representatives, shall have access for the purpose of audit and examination of books, documents, papers, and records of the subgrantee and its implementing agency, and to relevant books and records of the subgrantee, its implementing agency, and its consultants and contractors under this agreement, as provided under Applicable Federal Law. In addition to review of audits conducted in accordance with OMB Circular A-133, as revised, hereby incorporated by reference, monitoring procedures will include, on-site visits by Department staff, limited scope audits as defined by OMB Circular A-133, as revised, and status checks of subgrant activity via telephone calls from Safety Office staff to subgrantees. By entering into this agreement, the subgrantee and its implementing agency agree to comply and cooperate with monitoring procedures. In the event that a limited scope audit of the subgrantee or its implementing agency is p.erformed, the subgrantee agrees to bring the project into compliance with the subgrant agreement. The subgrantee further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Comptroller or Auditor General. The Department shall unilaterally cancel this subgrant if the subgrantee or its implementing agency refuses to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, F.S., and made or received by the subgrantee or its implementing agency in conjunction with the subgrant. 12 ~/03 14. Audit. This part is applicable if the subgrantee is a State or local government or a non-profit organization as defined in OMB Circular A-133, as revised. In the event that the subgrantee expends $300,000 or more in Federal awards in its fiscal year, the subgrantee must have a single or program-specific audit conducted in accordance with the provisions of OMB Circular A-133, as revised. Page 1 of this agreement indicates the source of Federal funds awarded through the Florida Department of Transportation by this agreement. In determining the Federal awards expended in its fiscal year, the subgrantee shall consider all sources of Federal awards, including Federal funds received from the Department of Transportation. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A-133, as revised. An audit of the subgrantee conducted by the Auditor General in accordance with the provisions OMB Circular A-133, as revised, will meet the requirements of this part. In connection with the audit requirements addressed above, the subgrantee shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as revised. If the subgrantee expends less than $300,000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, is not required. In the event that the subgrantee expends less than $300,000 in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, the cost of the audit must be paid from non-Federal funds. Copies of audit reports for audits conducted in accordance with OMB Circular A-133, as revised, and required by this agreement shall be submitted, when required by Section .320 (d), OMB Circular A-133, as revised, by or on behalf of the subgrantee directly to each of the following: (a) Florida Department of Transportation 605 Suwannee Street, MS-17 Tallahassee, FL 32399-0450 (b) Federal Audit Clearinghouse Bureau of the Census 1201 East 10 Street Jeffersonville, IN 47132 (c) Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f), OMB Circular A-133, as revised. 15. Retention of Records. The subgrantee shall retain sufficient records demonstrating its compliance with the terms of this agreement for a pedod of three years from the date the audit report is issued, and shall allow the Department or its designee access to such records upon request. Records related to unresolved audit findings, appeals, or litigation shall be retained until the action is completed or the dispute is resolved. Records shall also be maintained and accessible in accordance with 49 CFR, Section 18.42 or 49 CFR, Section 19.53. 16. Procedures for Reimbursement. All requests for reimbursement of subgrant costs must be submitted on forms provided by the Department (FDOT Form Numbers 500-065-04 through 07). Appropriate documentation supportive of the reported costs must accompany each claim. The subgrantee or its impler~enting agency shall submit financial reimbursement forms to the Safety Office at least once each quarter as costs are incurred and payment is made. The only exception is when no costs are incurred during a quarter. Reimbursement for subgrants with personnel costs shall be made after every two pay periods if paid bi-weekly. Personnel costs reimbursement shall be requested monthly if payroll is on a monthly , basis. Failure to submit reimbursement requests in a timely manner shall result in the subgrant being terminated. 13 All requests for reimbursement of Operating Capital Outlay items having a unit cost of $5,000 or more and a useful life of one year or more shall be accompanied by a Non-Expendable Property Accountability Record (FDOT Form No. 500-065-09). Payment of the Operating Capital Outlay costs shall not be made before receipt of this form. A final financial request for reimbursement shall be postmarked no later than October 31 following the end of the subgrant period. Such request shall be distinctly identified as Final. Failure to submit the invoice in a timely manner shall result in denial of payment. The subgrantee agrees to forfeit reimbursement of any amount incurred if the final request is not postmarked by October 31 following the end of the subgrant period. The Safety Office has a 30-day review process of financial reimbursement requests from the date of receipt. Reimbursement requests will be returned if not completed properly. 17. Ownership of Data and Creative Material. The ownership of material, discoveries, inventions and results developed, produced, or discovered by the agreement are governed by the terms of 49 CFR, Section 18.34, 49 CFR, Section 19.36, or OMB Circular A-110, hereby incorporated by reference. In addition to the provisions for 49 CFR, Part 18 and 49 CFR, Part 19, the State Safety Office reserves a royalty-free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use: (a) The copyright in any work developed under a subgrant or contract under a subgrant; and (b) Any rights of copyright to which a subgrantee or a contractor purchases ownership with subgrant support. 18. Property Accountability. The subgrantee or its implementing agency shall establish and administer a system to control, protect, preserve, use, and maintain and dispose of any property furnished by the Department, or purchased pursuant to this agreement in accordance with Federal Property Management Standards as set forth in 49 CFR, section 18.32, 49 CFR 19, Section 19.34, or OMB Circular A-110, incorporated herein by reference. This obligation continues as long as the property is retained by the subgrantee or its implementing agency, notwithstanding the expiration of this agreement. 19. Disputes. Any dispute, disagreement, or question of fact arising under the agreement shall be decided by the State Safety Office in writing and shall be distributed to parties concerned. A written appeal may be made within 30 calendar days to the Governor's Highway Safety Representative at the Florida Department of Transportation, 605 Suwannee Street, MS 57, Tallahassee, Florida 32399-0450, whose decision is final. The subgrantee and its implementing agency shall proceed diligently with the performance of the agreement and in accordance with Department's decision. 20. Conferences, Inspection of Work, Conferences may be held at the request of any party to this agreement. Representatives of the Department or the U.S. Department of Transportation (USDOT), or both, shall be privileged to visit the site for the purpose of inspection and assessment of work being performed at any time. 21. Publication and Printing of Observational Surveys and Other RePorts. (a) Before publication or printing, the final draft of any report or reports required under the agreement or pertaining to the agreement shall be submitted to the State Safety Office for review and concurrence. (b) Each publication or other printed report covered by Paragraph 21.a. above shall include the following statement on the cover page: (1) This report was prepared for the State Safety Office, Department of Transportation, State of Florida, in cooperation with the National Highway Traffic Safety Administration, U.S. Department of Transportation and/or Federal Highway Administration, U.S. Department of Transportation. (2) The conclusions and opinions expressed in these reports are those of the subgrantee and do not necessarily represent those of the State of Florida, Department of Transportation, State Safety Office, the U.S. Department of Transportation, or any other agency of the State or Federal Government. 14 22. Equal Employment Opportunity. No person shall, on the grounds of race, color, religion, sex, handicap, or national origin, be excluded from participation in, be refused the benefits of, or be otherwise subjected to discrimination under this subgrant, or any project, program, or activity that receives or benefits from this subgrant award. The subgrantee and its implementing agency agree to comply with Executive Order (E.O.) 11246, as amended by E.O. 11375, and as supplemented by 41 CFR, Part 60, incorporated herein by reference. 23. Responsibility for Claims and Liability. Subject to the limitations of Section 768.28, Florida Statutes, the subgrantee and its implementing agency shall be required to defend, hold harmless and indemnify the Department, NHTSA, FHWA, and USDOT, from all claims and liability, or both, due to negligence, recklessness, or intentional wrongful misconduct of subgrantee, implementing agency, and its contractor, consultant, agents and employees. The subgrantee and its implementing agency shall be liable for any loss of, or damage to, any material purchased or developed under this subgrant agreement which is caused by the subgrantee's or its implementing agency's failure to exercise such care in regard to said material as a reasonable careful owner of similar materials would exercise. The parties executing this agreement specifically agree that no provision in this agreement is intended to create in the public or any member thereof, a third party beneficiary, or to authorize anyone not a party to this agreement to maintain a suit for personal injuries or property damage pursuant to the terms or provisions of this agreement. 24. Disadvantaged Business Enterprises (DBE). (a) The subgrantee and its implementing agency agree to the following assurance: The subgrantee and its implementing agency shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any USDOT-assisted contract or in the administration of its DBE program required by 49 CFR, Part 26, incorporated herein by reference. The subgrantee shall take all necessary and reasonable steps under 49 CFR, Part 26 to ensure nondiscrimination in the award and administration of USDOT-assisted contracts. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the subgrantee of its failure to carry out its approved program, the USDOT may impose sanctions as provided for under Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq.), herein incorporated by reference. (b) The subgrantee and its implementing agency agree to include the following assurance in each contract with a consultant or contractor and to require the consultant or contractor to include this assurance in all subcontract agreements: The consultant or contractor and subconsultant or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The consultant or contractor shall carry out applicable requirements of 49 CFR, Part 26 in the award and administration of USDOT-assisted contracts. Failure by the consultant or contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy, as the subgrantee, its implementing agency, or the Department deems appropriate. 25. Restrictions on Lobbying. The subgrantee and its implementing agency agree to comply and require consultants and contractors to comply with 49 CFR, Part 20, New Restrictions on Lobbying, herein incorporated by reference, for filing of certification and disclosure forms. No funds granted hereunder.shall be used for the purpose of lobbying the legislature, the judicial branch, or state agencies. Section 216.347, Florida Statutes. 26. How Agreement is Affected by Provisions Being Held Invalid. If any provision of this agreement is held invalid, the remainder of this agreement shall not be affected. In such an instance the remainder would then continue to conform to the terms and requirements of applicable law. 15 27. Federal Requirement for Public Service Announcements. All public service announcements produced with Federal Highway Safety funds shall be closed captioned for the hearing impaired. 28, Public Awareness Materials and Promotional Items. All public awareness materials and promotional items reimbursed with subgrant funds shall contain a traffic safety message. Where feasible, either the Florida Department of Transportation logo or the words "Funding provided by the Florida Department of Transportation." shall appear on all items. The name of the subgrantee or implementing agency and its logo can appear on printed materials and promotional items. The names of individuals connected with the subgrantee shall not appear on printed materials and promotional items paid for with Federal highway safety funds. Before printing public awareness materials or ordering promotional items, a final draft or drawing of the items shall be submitted to the State Safety Office for review. The Office shall provide written approval for reimbursement if the items are appropriate for purchase under this agreement. Copies of all public awareness materials purchased with Federal highway safety funds shall be attached to the forms requesting reimbursement for the items. 29, Term of Agreement. Each subgrant shall begin on the date of the last party to sign the agreement and shall end on September 30, following, unless otherwise stipulated by the State Safety Office on the first page of the respective agreement. The subgrant period shall not exceed 12 months. 30. Clean Air Act and Federal Water Pollution Control Act, For subgrant awards in excess of $100,000 the subgrantee and its implementing agency agree to comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401 et seq.) and the Federal Water Pollution Contro~ Act (33 U.S.C. 1251 et seq.), herein incorporated by reference. The subgrantee shall include this provision in all subcontract awards in excess of $100,000. 31. Personnel Hired Under Agreement. The head of any implementing agency receiving first year funding for a new position(s) through a subgrant shall provide written notification within 30 days of the agreement being awarded to the State Safety Office that a new position(s) has been created in the agency as a result of the subgrant being awarded. Any and all employees of the subgrantee or implementing agency whose positions are funded, in whole or in part through a subgrant, shall be the employee of the subgrantee or implementing agency only, and any and all claims that may arise from said employment relationship shall be the sole obligation and responsibility of the subgrantee or its implementing agency. 32. Repossession of Equipment. Ownership of all equipment purchased with Federal highway safety funds rests with the subgrantee and its implementing agency; however, the USDOT maintains an interest in the equipment for three fiscal years following the end of the subgrant period. Any equipment purchased with Federal highway safety funds that is not being used by the subgrantee or its implementing agency for the purposes described in the subgrant shall be repossessed by the State Safety Office, on behalf of the USDOT. Items that are repossessed shall be disbursed to agencies that agree to use the equipment for the activity described in this subgrant. 33. Replacement or Repair of Equipment. The subgrantee and its implementing agency are responsible, at their own cost, for replacing or repairing any equipment purchased with Federal highway safety funds that is damaged, stolen, or lost, or that wears out as a result of use. Federal regulations prohibit funding equipment replacement. 16 34. Ineligibility for Future Funding. The subgrantee and its implementing agency agree that the Department shall find the subgrantee or its implementing agency ineligible for future funding for any of the following reasons: (a) Failure to provide the required audits, (b) Failure to continue funding positions created with highway safety funds after the Federal funding cycle ends, (c) Failure to provide required quarterly and final reports in the required time frame, (d) Failure to perform work described in Part II of the subgrant agreement, (e) Providing fraudulent quarterly reports or reimbursement requests, (f) Misuse of equipment purchased with Federal highway safety funds. 35. Safety Belt Policy. Each subgrantee and implementing agency shall have a written safety belt policy, which is enforced for all employees. A copy of the policy shall be submitted with the subgrant application. 36. Safety Belt Enforcement. All law enforcement agencies receiving subgrant funds shall have a standard operating procedure regarding enforcement of safety belt and child safety seat violations. A copy of the procedure shall be attached to the subgrant application. Law enforcement agencies receiving subgrant funds shall participate in the safety belt enforcement waves conducted in Florida and shall report their participation on the appropriate form by the deadline. Failure to participate shall result in the subgrant being terminated. 37. Certification for Equipment Costing More than $500 per Item. The head of any implementing agency purchasing equipment costing more than $500 per item shall send a letter to the Safety Office upon award of the subgrant certifying that none of the items being purchased with federal highway safety funds is replacing previously purChased equipment, whether the equipment was purchased with federal, state, or local funds. 38. Checkpoint Reporting. Any law enforcement agency that conducts DUI checkpoints shall attach a copy of the After Action Report for each checkpoint operation conducted during a quarter to its Quarterly Progress Report of Performance Indicators. 39.Child Safety Seats. Any implementing agency that receives funds to purchase child safety seats must have at least one staff member certified by the Amedcan Automobile Association (AAA) as a Certified Child Passenger Safety Technician. Failure to comply with this provision shall result in the termination of this agreement. 40. Special Conditions. 17 PROJECT NUMBER: 06~3 IIN WITNESS WHEREOF, the parties affirm that they have each read and agree to the conditions set forth in Part V of this Agreement, that each have read and understand the Agreement in its entirety. Now, therefore, in consideration of the mutual covenants, promises and representations herein have executed this Agreement by their undersigned officials '~n the day, month, and year set out below. (For DOT Use Only) SUBGRANTEE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION City of Boynton Beach Name of Applicant Agency Typed By: By: Signature of Authorized Representative Title: Gerald Broening Authorized Representative's Name Typed Date: Title: Mayor Attest: Date: Attest: FEDERAL FUNDS ALLOCATED Signature of Witness ADMINISTRATOR OF IMPLEMENTING AGENCY By: Reviewed for the Department of Transportation: Signature of Administrator Marshall B. Gage By: Administrator's Name Typed Attorney - DOT Date: Title: Chief of Police NOTE: No whiteout or erasures accepted on this signature page. 18 i IN WITNESS WHEREOF, the parties affirm that they have each read and agree to the conditions set forth in Part V of Ithis Agreement, that each have read and understand the Agreement in its entirety. Now, therefore, in consideration of I the mutual covenants, promises and representations herein have executed this Agreement by their undersigned officials Ion the day, month, and year set out below. --or DOT Use Only) SUBGRANTEE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION City of Boynton Beach Name of Applicant Agency Typed By: By: Signature of Authorized Representative Title: Gerald Broening Authorized Representative's Name Typed Date: Title: Mayor Attest: Date: Attest: FEDERAL FUNDS ALLOCATED Signature of Witness ADMINISTRATOR OF IMPLEMENTING AGENCY By: Reviewed for the Department of Transportation: Signature of Administrator Marshall B. Gage By: Administrator's Name Typed Attorney - DOT Date: Title: Chief of Police NOTE: No whiteout or erasures accepted on this signature page. BOYNTON BEACH POLICE DEPARTMENT PATROL OPERATIONS STANDARD OPERATING PROCEDURE No. 01-02 UNIFORMED SERVICES DIVISION EFFECTIVE DATE: 3/15/01 Contents: 10. Reporting of information to appropriate organizational components. I. Policy II. Patrol Function IlL PERFORMANCE OBJECTIVES III. Performance Objectives In the interest of the safety and rights of the citizenry, IV. Shift Assignment officers will adopt the following general performance V. Vehicle Operation VI. Special Purpose Vehicles objectives as a guide: VII. Incident Response VIII. Incident Reporting 1. To reduce personal injury and property IX. Special Events damage accidents through the use of directed patrol and X. Traffic Enforcement aggressive traffic law enforcement. Xl. Search and Rescue 2. To reduce the overall crime rate by increasing XII. CFLEA References the efficiency in preventive patrol, investigative efforts, XIII. Proponent Unit and reporting. XlV. Cancellation 3. To reduce crime and disorder by improving the quality of life in the community. Officers will be L POLICY concerned with citizens' problems and concerns and will perceive the community as a partner in promoting The Boynton Beach Police Department provides 24- hour, seven days a week law enforcement response to security emergency and routine calls for service within its service area. This service is provided by the Uniformed IV. SHIFT ASSIGNMENT Services Division assisted by the Support Services A. The patrol force is organized into four Division and the various staff¢omponents, platoons designated as "A" (Alpha) 1 and 2; Alpha 3 and 4; 'B" (Bravo) I and 2; and Bravo 3 and 4. II. PATROL FUNCTION The Uniformed Services Division is responsible for the B. The Alpha platoons report for duty at 0430 following major job tasks: hours (Al and 3) and 0630 hours (A2 and 4) on days each platoon is 'assigned to work. The Bravo Platoons 1. Preventive patrol with emphasis on the report for duty at 1630 hours (BI and 3) and 1830 prevention of crimes and accidents, maintenance of hours (B2 and 4) on days each platoon is assigned to public order, and the discovery of haTarcls and work. delinquency-causing situations; 2. Crime preventionactivities; C. Rotation of days off and working days 3. Response to calls for service; operates as follows: 2 on; 2 off; 3 on; 2 off; 2 on; 3 off. 4. Investigation of crimes and the arrest of Additional days off for vacation, holiday, personal or offenders; compensatory days can only be taken with prior 5. Traffic direction and control; supervisory approval. 6. Regulation of certain businesses or activities as required by law; V. VEHICLE OPERATION 7. Maintenance of public order; A. All personnel will properly position and secure 4. Provision of emergency services; the seat belt prior to operating a deparlmental vehicle. 9. Development of relationships between citizens Although each departmental vehicle is equipped with a and the department in the spirit of community policing; drive~s side air bag, maximum protection from driver and collision can only be assured by proper use of the three point seat belt. Boynton Beach Police Department Written Directive I 1. The shift commander may approve B. Upon assuming control of a departmental the use of bicycles when manpower resources allow. vehicle, officers will inspect the exterior and interior for 2. Officers operating departmental damage. Any damage not previously noted will be bicycles will wear an ANSI approved bicycle helmet. reported to a field supervisor for documentation and 3. The Uniformed Services Division investigation. Administrative Lieutenant is responsible to insure that departmental bicycles are maintained and repaired as C. Any equipment assigned to remain with the necessary. vehicle will be inspected and any deficiencies or 4. A first aidkitandpersonalbio-hazard discrepancies reported to a field supervisor, kit will be carried in the bicycle's utility bag.. VI. SPECIAL PURPOSE VEHICLES D. SWAT Van - The SWAT Van is utilized to A. Motorcycles - Deparunental motorcycles will transport men and equipment to the scene of hostage, be utilized for traffic enforcement operations and sniper and barricade incidents. special details as approved by the Chief of Police. 1. The van will be operated only by 1. Motorcycles are not to be operated in those members of the SWAT team who are familiar inclement weather, with the operation of the van. 2. Motorcycles will not be utilized for 2. The SWAT commander is vehicular pursuit, responsible to insure that the van is maintained and 3. Only those personnel who have repairedas necessary. received training in the operation of the motorcycle, as 3. Firearms and incendiary devices are approved by the Chief of Police, and hold a valid not to be stored on the van when not in use for motorcycle certification fi.om the DI-ISMV, may operate operational purposes. motorcycles. 4. The SWAT van will be equipped with 4. The Traffic Unit Sergeant is three first aid kits, three personal bio-hazard kits, and responsible for insuring that all motorcycles are any specialized equipment deemed appropriate for maintained and repaired as necessary, resolution of the incident which resulted in the SWAT 5. A fu'st aid kit and personal bio-hazard call out. kit are to be maintained in the motorcycle saddle bags. VII. INCIDENT RESPONSE B. Boat- The departmental boat will be utilized A. A single unit will be dispatched to handle to patrol the inland and coastal waters bordering the routine calls for service. However, the nature of some City of Boynton Beach. Marine Unit personnel will calls may require that additional units are dispatched for perform marine assistance, surveillance and search and purposes of safety as well as more effective handling of rescue operations at the direction of the Commander of a situation. Following are examples of situations the Uniformed Services Division. requiring the response of more than one officer: I. The boat will be operated only by 1. Domestic violence calls; those personnel, approved by the Division Commander, 2. Crimes in progress; who have completed a safe boating course and are 3. Premise history indicates that an familiar with the operation of the vessel, arrest is likely or an officer might be assaulted; 2. Marine Unit personnel will insure that 4. The nature of the call indicates that the boat is maintained and repairs performed as more than one officer will be required to render the necessary by vendors approved by the Chief of Police. necessary service or perform the required enforcement action. 3. The Marine Unit may participate in joint law enforcement operations at the direction of the B. Patrol supervisors should respond to those Chief of Police. calls for service or crimes in progress when more than 4. Rescue andlife saving equipment will two units have been dispatched. Following is a listing be maintained on the boat by Marine Unit personnel, of incidents that require the presence of a patrol 5. Boat operators and passengers will supervisor: wear a personal floatation device, approved by the 1. Homicide or serious assault where Division Commander, while underway on the boat. death may result; 2. Sex offenses; C. Bicycles - Bicycles will be utilized for 3. Departmental accidents; community patrol and patxol of business areas at the 4. Kidnapping and missing children direction of the Division Commander when enhanced incidents; citizen contact is desired and manpower permits. 5. Child abuse incidents; 2 Boynton Beach Police Department Written Directive 6. Hostage, sniper and barricade offense and statute number. The remainder of the incidents; form should be completed as appropriate with a 7. Natural disasters; complete narrative explaining the course of the 8. Explosive devices and bomb threats; preliminary investigation and any information that 9. Major crashes; may prove helpful to follow-up investigators. 10. Service of search and seizure warrants; 2. Short Form Offense Report -Used for 11. Major fire scenes; recording the occurrence ora crime where complete 12. Any reportable use of force or information, as required by the Long Form Offense discharge of a firearm by an officer. Report, is not available. In all instances, the heading of the report should be completed as indicated above This list is not intended to be all-inclusive. Patrol for the Long Form. The narrative must also be supervisors are responsible for the proper performance completed explaining the course of the preliminary of their subordinates and should respond to any incident investigation and any information that may prove where supervisory guidance or intervention may be helpful to follow-up investigators. necessary. 3. Short Narrative Header - Used to C. Officers will be assigned to respond to each document any incident or to record information that crime or incident reported to the police department, may prove useful for law enforcement purposes. When a responding officer determines that a higher level of response to a call for service or report of a 4. Offense Report - Child/Elderly Safety crime is necessary, the officer will notify Review - Used to record offense of child or elderly communications that additional officers are required abuse and neglect. This form is to be completed in its and the dispatcher will promptly assign additional units entirety in any instance of a missing child, missing and a patrol supervisor as required, vulnerable adult, child abuse or neglect, elderly abuse or neglect and any case where the officer is VIII. INCIDENT REPORTING summoned or directed by the Department of Children A. A written report should be generated for any and Families to investigate any offense against a child incident where documentation or recordation of or adult. The narrative must be completed explaining information might prove beneficial to law enforcement the course of the preliminary investigation and any or crime prevention operations, information that may prove helpful to follow-up investigators. B. The following incidents require that a formal report be completed: 5. Truancy Offense Report - Used to 1. All crimes record the custody and disposition of a child found 2. Motor vehicle crashes involving truant. The heading of the report must be completed death, injury or extensive property damage, in its entirety and the narrative must reflect the 3. Racial, religious or ethnic incidents, circumstances of custody and the disposition. Parent 4. Domestic violence incidents, or guardian information must also be completed and 5. Any incident resulting in the arrest of the person to whom the juvenile is released must be any person, clearly indicated. 6. Incidents involving the unattended death of any person. D. Field reports, once completed on the officer's laptop, will be stored on a floppy (3.5 inch) C. Report forms are available in the "general disc which will be labeled with the officer's name and templates" of the Microsoft Word program which is date. The disk will be turned in to the officer's found on each officer's laptop computer. Report supervisor. The supervisor will review the reports forms consist of the following: contained on the disk(s) and either send the report back to the officer if corrections are necessary or turn 1. Long Form Offense Report - Used for the disk in to the Records Division for entry in the recording the occurrence of a crime where witnesses, records management system. suspects, arrestees, complainant(s) and property listings are to be recorded along with a narrative. E. At the conclusion of any call for service or This form is also utilized for auto thefts, recovered incident wherein an incident number has been assigned, stolen autos and worthless or illegal documents. In the officer will advise the communication dispatcher of all instances, the heading of the report is to be the proper four digit M.O. code which identifies the completed. This includes OR number, day/date, time, location, officer name/ID number and the specific Boynton Beach Police Department Ve'ritten Directive 3 Wpe of call or incident. Officer will advise the by Florida Stamte 316.613. Tothisend, officers will be dispatcher when no reporting will be completed, alert to violations and take the appropriate enforcement action in each instance. F. Sergeants will ensure that repons are accurately and correctly completed and submitted prior XI. SEARCH AND RESCUE OPERATIONS to the completion of the tour of duty during which the A. Search and rescue operations fall under the incident occurred. Any delay in submission of required command of'the Boynton Beach Fire Department with reporting must be authorized by a Held sergeant, support from the Police Department and other City Supervisors will forward all completed and approved department as required. Fire Department personnel are repons to the Records Division for review and storage, trained in rescue operations and use of specialized equipment for this purpose. IX. SPECIAL EVENTS A. All special events will be coordinated through B. The on duty Shift Commander will make the the office of the Division Commander. An operational determination that a search and rescue operation should plan will be published in advance of the event and be initiated and immediately notify the Staff Duty include the following: Officer. 1. Designation of a detail commander and supervisory personnel responsible for coordination C. The Shift Commander will request that of police coverage; Communications notify the Fire Department Duty 2. Logistical requirements, if any; Officer that a search and rescue operation is required 3. Provisions for coordination of and establish a command post in the vicinity of the area coverage both within the agency and among other where the operation will be conducted. municipal personnel and departments. 4. An indication of any traffic, crowd D. The Shift Commander will begin the operation control or crime problems expected in connection with with the assignment of a sufficient number of police the event, personnel in order to initiate a search. SWAT personnel and Marine Unit officers (if appropriate) may B. The designated detail commander will submit be called in and utilized for this purpose. an "after action" report to the Division Commander immediately upon the conclusion of the detail. The E. The Shift Commander will maintain control of "after action" report will include: the operation until relieved by Fire Department 1. An estimate of attendance; personnel, Staff.Duty Officer or higher authority. 2. An accounting of any arrests made; 3. Any problems out of the ordinary XII. CFA REFERENCES: 17.01, 17.02, encountered by police personnel. 17.04, 17.08, 17.10, 17.12. X. TRAFFIC ENFORCEMENT XIII. PROPONENT UNIT: Uniformed A. Traffic enforcement and crash investigation Services Division. are the primary responsibilities of the Traffic Unit. However, all personnel assigned to uniformed patrol XV. CANCELLATION: This is a new will vigorously and impartially enforce all traffic laws directive. And assist in the handling and investigation of traffic crashes when needed. B. Enforcemm~ of The Florida Sear Belt Law, codified as Florida Statute 316.614 is enforceable as a secondary violation only. However, through enforcement of this statu~e, and through public awareness efforts by the department, the encouragement of seat belt usage should be of high importance to all personnel. Steve Graham, Major Commander, Uniformed Services Division C. It is the legislative intent that all state, county and local law enforcement agencies, in recognition of the problems with child death and injury from unresuained occupancy in motor vehicles, conduct continuous public awareness and safety campaigns to encourage the use of child restrain devices as required 4 Boynton Beach Police Department Written Directive V.-CONSENT AGENDA ZTEM C.3 CITY OF BOYNTON BEAC} AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meetina Dates in to CRV Clerk's Office Meeting Dates ~n to Citw' Clerk's Office [] August 5. 2003 July 14, 2003 (Noon.) [] October 7.2003 September 15~ 2003 INoon} [] August 19, 2003 August 4, 2003 (Noon) [] October 21, 2003 October 6, 2003 (Noon) [] September 2. 2003 August 18, 2003 (Noon) [] November 5, 2003 October 20. 2003 (Noonl [] September 16. 2003 September 2, 2003 (Noon) [] November 18.2003 November 3, 2003 (Noon} CD [] Administrative [] L~gal ~ ':'~ NATURE OF [] Announcement [] New Business ~ "" AGENDA ITEM [] City Manager's Report [] Presentation cr~ [] Consent Agenda [] Public Hearing ::~ [] Code compliance/Legal Settlements [] Unfinished Business .~. RECOMMENDATION: ~- ' Motion to approve and authorize signing of an Agreement for Water Service Outside the City Limits with Akram Basra as owner of a 0.79-acre parcel of land located at the intersection of Javert Road and Old Boynton Road EXPLANATION: The parcel covered by this agreement contains a single-family home. Only water service is available to it at this time. PROGRAM IMPACT: None PROGRAM IMPACT: None FISCAL IMPACT: None ERNATI~. S one. This parcel is within the Utiliti~ Department He0's Signature -City Manager's Signature UTILITIES Department Name City Attorney / Finance / Human Resources XC: Dale Sugerrnan (w/copy of attachments) Peter Mazzella " Michael Rumpf, Planning & Zoning. " File " ' S:~BULLETINXFORMSLAGENDA ITEM REQUEST FORM.DOC RESOLUTION NO. R03- A RESOLUTION OF THE CITY OF BOYNTON BEACH. FLORIDA, AUTHORIZING AND DIRECTING EXECUTION OF AN AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXATION BETWEEN THE CITY OF BOYNTON BEACH AND AKRAM BASTA; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the subject property is located outside of the City Limits, but within our a/ater and sewer service area, located at the intersection o fJavert Road and Old B oynton Road; and WHEREAS, the subject parcel contains a single-family home, and only water service is available at this time; and WHEREAS, City policy requires annexation of the property to be serviced at the earliest practicable time, as a condition of the granting of water services outside its jurisdictional limits; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section l. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific pan of this Resolution upon adoption hereof. Section 2. The City Manager is hereby authorized and directed to execute a Water Service Agreemeni between the City of Boynton Beach, Florida and Akram Basta, said Agreement being attached hereto as Exhibit "A". Section 2. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this ~ day of October, 2003. ;:\CA\RESO\Agreements\Wat~r ServicekBasta Water Service Agreement.doc CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner City Clerk $:\CAXRESOL&greements\Water Service~Basta Water Service Agreement.doc THIS iNSTRUMENT PREPARED BY: James A. Cherof, Esquire Josias & Goren, PA. 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 day of ,20 , by and between ,,Z~/~'/,-~ ~ ./-"~ -- hereinafter called the "Customer", and the CITY OF BOYNTON BEACH, a municipal corporation of the State of Florida, hereinafter called the "City". WHEREAS, Customer owns real property outside of the jurisdictional limits of the City of Boynton Beach, Florida; 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, 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 eadiest practicable time. 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 Connections which City shall service. 3. The Customer agrees to pay all costs and fees of engineering, matenal, 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 all mains, extensions and other facilities extended from the City Water Distribution System to and including the metered service to Customer shall 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 rights-of-way or easements necessary to accommodate the connections shall 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 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 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 shall 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 1 above. This Agreement and the power of attorney referenced herein is to be recorded in the Public Records of Palm Beach County, Fiodda, 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. It is agreed that the City 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 prohibitions, restrictions, limitations or requirements of local, regional, State or Federal agencies 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 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) 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. IN WITNESS WHEREOF, the parties hereto have set their hands and seals this /~'H', day of ,,~'~. (~'~ ~..~r' .... 200~_. WITNESS: INDIVIDUAL(S) AS OWNER(S): ne. Signature Printed Witness Name - Printed Owner Name Witness Signature Printed Witness Name Owner Signature Witness Signature Printed Witness Name Printed Owner Name Witness Signature Printed Witness Name FOR INDIVIDUAL(S) NOTARIZATION: 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_Coc/nty aforesaid to take acknowledgments, personally appeared ,,~r'~ ir',~/,vt ~"~..l'7~'Cc 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 was personally known to me or provided the following proof of identificmic)q:_ __WITNESS my hand and official seal in the County and State last aforesaid this day of ~"~//"¢/~,c.~r .j," ' 200_~ (Notary 51i;.~,~.~t,:~' eu~c, ou~' ' ~Y co~ss~o. ~cc9~3~o Notary Public EXPIRES: February 24, 2004 ~1 Thru N~a~/Pul~ U~ WITNESS: CITY OF BOYNTON BEACH, FLORIDA Mayor ATTEST: City Clerk 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 day of ,200_. (Notary Seal) Notary Public Approved as to form: Legal Description Approved: City Attorney JAC/Ims 900182 12/12/95. rev WATERSRV. 1 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 FL/~IDA cou. I ./%'~.~, /~'-~/~/~//J/~ -~d~ ~_~4.~::~ , 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 which is the subject of this power is described as follows: The powers and authority of my attorney, THE CITY OF BOYNTON BEACH, FLORIDA, shall commence and be in full force and effect on the //~r'~ day of L~'(~(~(:>m-~Et'' , 20 ~:3 and the powers and authority shall be irrevocable by Grantee. IN WITNESS WHEREOF, we have hereunto set our hands and seals the day of ~¢_~?~'l,~r- , in the yeartwo thousand and '¢'~f'~'~.. Sealed and delivered in the presence of ness Signature ~wner 9il~hature Printed Witness Name Printed Owner Name Witness Si~ature ~-TT -( L, Printed Witness Name Witness Signature Owner Signature Printed Witness Name Printed Owner Name Witness Signature Printed Witness Name STATE OF FLORIDA ) SS: COUNTY OF PALM BEACH ) THE. FOREGOING INSTRUMENT was,acknowledged Ipefore me this/~¥" day of ~~er , 20 05, by /--]/Z.r~t~ ~'-~'f~ and , who are known to me or w._ho have produced ~/,~, Z), L, ?'~Zo..Ol"7;/~--z.[o~, as identification and who did/did not take an oath. Type or Print Name CommissiOn No. My Commission Expires: sus~ I! POA. IND uY couu~s~,cc 9~:~o II EXPiRES:F=24,2004 Ii ' ~ osoo 0,70 o441 · I 0010 1 in. = 151.4 feet 0 ;70 0450 0420 8 Ruskin Ave. OLD ROYNTON RD 0040 0010 0010 0010 0030 LOCATION MAP-EXHIBI-TA-'--- Gary R. Nikolits. CFA Palm Beach County Appraiser Public Access System - Property Information Location Address: 3518 RUSKIN AVE Municipality: COUNTY OF PALM BEACH Parcel Control Number: 00-43-45-19-04-015-0300 Subdivision: WEST BOYNTON PL 2 C IN Official Records Book: 15305 Page: 381 Sale Date: May-2003 WEST BOYNTON PLAT 2C LTS 30 TO 41 INC (LESS S 7 FT & TRGLE CDR OLD BOYNTON Legal Oescription: RE) PJVV~ BLK 15 Owner Information Name: BASTA AKRAM S Mailing Address: 1712 N J ST LAKE WORTH FL 33460 6540 -2003 Proposed Appraisal Improvement Value: $62,572 Number of Units: 1 IStructurat--I Land Value: $119,226 Total Sq. Ft: 2194 L E~tra.. Market Value: $181,798 Acres: 79 [ Land... Use Code: 0100 Description: SINGLE FAMILY -2003 Proposed Tax Ad Valorem: $1,605.75 Non ad valorem: $22505 Totm: S1,830.80 I OetaiL.. ~ -2003 Proposed Assessed & Taxable Values Assessed Value: $107,123.00 Exemption amount: $25,000 (2003 Exempt~n) Taxable: $82,123.00 2003 Exemption(e) Homestead Receipt~: 0143181 Exemption Address: Regular Homestead: $25,000 TOTAL: $25,000 [ Detail... iSales Information Sales Date Book Page Price Instrument Owner Ma¥-2003 15305 381 165000 WO BASTA AKRAM S Print Information Home ! I Back I I Search ! I Search Result I http://www.co.palm.beach.fl.us/papa/main/detail_info.asp?p_entity=O0434519... 9~26/2003 -Subareas for Building 1 Subarea Sq. Footage Area Percent Effective Area Area Under Air BAS BASE AREA 840 00 00 00 FEP FINISHED ENCLOSED PORCH 384 00 00 00 SFB SEMI FINISHED BASE AREA 320 00 00 00 SFB SEMI FINISHED BASE AREA 384 00 00 00 UOP UNFINISHED OPEN PORCH 138 00 00 00 UOP UNFINISHED OPEN PORCH 64 00 00 00 USPUNFINISHEDSCRN PORCH 64 00 00 00 Total 2,194 -Structural Elements for Building 1 EXTERIOR WALL-1 CB STUCCO EXTERIOR WALL-2 N/A ROOF STRUCTURE GABLE/HIP ROOF COVER ASPH/COMP SHG=I 00 INTERIOR WALL-1 PLASTER=I 00 INTERIOR WALL-2 N/A FLOOR TYPE-1 VINYl/ASPHALT TILE= 98 FLOOR TYPE-2 N/A YEAR BUILT 1948 EFECTIVE YEAR 1953 TOTAL ROOMS BED ROOMS 3 FULL BATH 2 HALF BATH 0 BLDG USE 0100 STORIES 1 I Show DraWing/Map I ~ Print Information I http://www.co.palm-beach.fl.us/papa/main/stmct_detail.asp?entity_id=O043451... 9/26/2003 V.-CONSENT AGENDA ITEt4 C.4. CITY OF BOYNTON BEACh AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting; Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] August 5, 2003 July 14, 2003 (Noon.) [] October 7, 2003 September 15, 2003 (Noon) [] August 19, 2003 August 4, 2003 (Noon) [] October 21, 2003 October 6, 2003 (Noon) [] September 2, 2003 August 18, 2003 (Noon) [] November 5, 2003 October 20, 2003 (Noon) [] September 16, 2003 September 2, 2003 (Noon) [] November 18, 2003 November 3, 2003 (Noon) [] Administrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation - [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Approval to enter into agreements between The City Of Boynton Beach and the Area Agency on Aging Palm Beach Treasure Coast, Inc. and the State of Florida Department of Health which will allow our Fire Rescue Department to become participants in a Palm Beach County health initiative titled "Senior Immunization Project 200Y'. EXPLANATION: Recognizing the significant number of seniors who may not have access to critical immunizations, the Fire Rescue Department as agreed to join a countywide initiative to provide Senior Citizens with Influenza and Pneumococcal vaccinations. These inoculations will be provided to the seniors free of charge at a location within the city limits of the City Of Boynton Beach. Fire Rescue personnel wilt provide the personnel necessary to process the paperwork and administer the injections. PROGRAM IMPACT: To provide a much-needed program to the Senior Citizens of Boynton Beach who may not have access to important preventive medicine Health Care. FISCAL IMPACT: Limited, with financial reimbursement provided by the Area Agency on Aging, specifically; BBFRD will b6 compensated for training costs and supplies for vaccine administration by the Area Agency on Aging. ALTERNATIVES: Do not approve agreements, thus not providing the service, to our senior citizens. artment Head's Signature - ~f~ty Manager s Signature /'-'~ ~ Department Name ,~,~ City Att°rne~;j/Fitq~al~ce / Human Resources Fire Rescue Department SABULLETINLFORMS',AGENDA ITEM REQUEST FORM.DOC RESOLUTION NO. R03- A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORDA, AUTHORIZING EXECUTION OF AGREEMENTS WITH THE AREA AGENCY ON AGING PALM BEACH TREASURE COAST, INC. AND THE STATE OF FLORIDA DEPARTMENT OF HEALTH, TO PROVDE INFLUENZA VACCINATIONS FOR A SPECIFIC TARGET GROUP OF BOYNTON BEACH SENIOR CITIZENS; AND PROVIDING AN EFFECTWE DATE. WHEREAS, recognizing the significant number of seniors who may not have access to critical immunizations, the Fire Rescue Departments has agreed to join a countywide initiative to provide Senior Citizens with influenza and pneumococcal vaccinations; and WHEREAS, the vaccinations will be provided to the seniors free of charge at a location within the city limits and Fire Rescue personnel will provide the personnel necessary to process the paperwork and administer the injections; and WHEREAS, the City Commission of the City of Boynton Beach deems it to be in the best interests of the citizens of the City of Boynton Beach to enter into Agreements with the Area Agency on Aging Palm Beach Treasure Coast, Inc., and the State of Florida Department of Health, which will allow our Fire Rescue Department to become participants in a Palm Beach County health initiative entitled "Senior Immunization Project 2003". 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 hereby authorizes and directs the exectition of Agreements with the Area Agency on Aging Palm Beach Treasure Coast, Inc., and the State of Florida Department of Health, which will allow our Fire Rescue Department to become participants in a Palm Beach County health initiative entitled "Senior Immunization Project 2003". Copies of the agreements are S:~CA\RESO~greernents\Vacc~nations for Semors 101503.doc ~ttached hereto. Section 2. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this ~ day of October, 2003. CITY OF BOYNTON BEACH, FLORIDA Mawr Vice Mayor Commissioner Commissioner ATTEST: Commissioner City Clerk S:\CA\RESO~,greementsWaccinations for Seniors 101503.doc MEMORANDUM OF AGREEMENT This Memorandum of Agreement-dated 2003 is between Area Agency on Ailing Palm Beach Treasure Coast, Inc. (hereinafter referred to as AAA) and the City of Boynton Beach, (hereinafter referred to as City). In consideration of the mutual promises and covenants herein contained, the parties agree as follows: Term This Memorandum of Agreement shall be for the period of September 1, 2003 through March 1, 2006. Services: 1. The City agrees to provide 250 influenza vaccinations and 60 pneumococcal vaccinations to individuals, who present at the host sites approved by the Senior Immunization Advisory Committee site selection team that are within the City's service boundaries. AAA will notify the City at least two weeks in advance of the date, time and location of each site. The immunizations will be given each year starting October 1st. 2. The City will provide copies to AAA of the Client Registration Form, with all personal identifiers removed, on the 150, of each month that immunization are provided, beginning November 15th. 3. The City will pick up vaccinations from the Health Care District (HCD) Pharmacy distribution center in West Palm Beach, (at no cost to the City) and store any unused vaccine as recommended by the manufacturer. 4. The City will keep a record of the number of dosages checked out each day and the number of dosages used at each site. This information will be provided to AAA on the 150, of each month besjnnin8 November 15th. Compensation 1. $100.00 for stipends to Fire Rescue personnel for influenza immunization training for up to 10 personnel, based on approval of the AAA. 2. $200.00 stipend for supplies. 3. AAA will provide lundin8 for two coolers with ice packs and thermometers to the City. This will be used in transporting vaccinations to the host sites. The coolers will become the exclusive property of the City upon termination of this Memorandum of Agreement or returned to HCD Pharmacy. The City will be issued a check issued a check in an amount determined by the number of personnel trained, within thirty days of the execution of this Memorandum of Agreement. Termination/Extension This Memorandum of Agreement is subject to termination, prior to its expiration, upon either party delivering to the other party written notice of intention to terminate this Memorandum of Agreement, which will become effective immediately therea~er, or, later upon written mutual agreement of the parties. This Memorandum of Agreement may be extended beyond the initial period upon written mutual agreement of the parties. Governing Law This Memorandum of Agreement will be interpreted and construed in accordance with and governed and enforced by the laws of the State of Florida. Whole Memorandum of Agreement This Memorandum of Agreement constitutes the sole and exclusive understanding and agreement between the parties with respect to the subject matter hereof, and shall not be modified except in writing by the parties, In Witness thereof, the parties have executed this Memorandum of Agreement. Signed by: City of Boynton Beach Date Area Agency on Aging, Date City Manager PaJm Beach Treasure Coast, Inc. Kasha Ower~, Chief Operating Officer City of Boynton Beach Date City Clerk City of Boynton Beach Date City Attorney 9 24/03 MEMORANDUM OF AGREEMENT ADULT IMMUNIZATION SERVICES This Memorandum of Agreement is entered into between the State of Florida, Department of Health, Palm Beach County Health Department, hereinafter referred to as the "Health Department," and the City of Boynton Beach hereinafter referred to as the "City." THE PARTIES AGREE: I. The Health Department Agrees: A. To provide training for the Adult Immunization Initiative to the City Paramedics. B. To provide Public Health Nurses who will assist in organizing flu and pneumococcal services to the low-income, largely minority, senior population. C. To provide Public Health Nurses who will do problem solving and answer technical questions as needed by Phone. D. To provide a list to the City of those Paramedics that have successfully passed the training. II. The City Agrees: A. To assign paramedics who will provide immunization services. Each assigned paramedic must have successfully completed the Health Department adult immunization training and received a passing grade on the final test. B. To assess each client's need for the vaccine by using a screening questionnaire supplied by the Health Department. The screening questionnaire will assist the paramedics to assess each client's health status, allergies, and reactions to previous immunizations. C. To administer to each client the correct vaccines utilizing the correct routes, sites, and doses according to established Health Department and CDC protocols. D. To document immunization actions on the immunization card, or approved consent form and on the Client Immunization Record Card or other approved form. E. To be responsible for proper storage and handling of the vaccine and to adhere to vaccine storag~ and handling requirements during transportation of the vaccine and at the community site. F. To be responsible for acquiring and picking up the vaccines at Health Care Pharmacy Distribution Center. G. To be responsible for supplies needed for vaccine administration such as syringes sharps containers, alcohol wipes and gloves and supplies needed for vaccine storage at outreach sites such as coolers and ice packs. H. To adhere to the Health Department's established Courtesy Standard, which states: "Treat customers, the public, and staff with courtesy, respect, and dignity and present a positive public image." I. To refer to the Public Health Nurse questions that may require more in-depth immunization knowledge or problem solving. J. To be responsible for scheduling sites and working with site coordinators. K. A schedule of planned outreach sites including dates and times will be given to the Health Department's Immunization Program Coordinator two weeks in advance of when the outreach is planned. This information will enable coordination of activities with the Health Department and Palm Beach County Adult Immunization Coalition. L. To be fully responsible for the negligent acts or omissions or intentional acts of paramedics they employ who are participating in the immunization initiative and to ensure that appropriate professional and liability insurance coverage is maintained for the paramedics. Nothing herein shall be construed as a waiver of sovereign immunity wherein sovereign immunity applies. M. The City shall maintain confidentiality of all data, files, and records including client records related to the services provided pursuant to this agreement and shall comply with state and federal laws, including, but not limited to, sections 384.29,381.004,392.65 and 456.057, Florida Statutes. Procedures must be implemented by the City to ensure the protection and confidentiality of all confidential matters. These procedures shall be consistent with the Health Department Information Security Policies, 1999-2000, as amended, which is incorporated herein by reference and the receipt of which is acknowledged by the City upon execution of this agreement. The City will adhere to any amendments to the Health Department's security requirements provided to it during the period of this agreement. The City must also comply with any appJicable professional standards of practice with respect to client confidentiality. N. HIPAA. Where applicable, the City will comply wit the Health Insurance Portability Accountability Act as well as all regulations promulgated thereunder (45CFR Parts 160, 162, and 164). III. The City and the Health Department Mutually Agree: A. Effective and Ending Dates i. This Agreement shall become effective on the date on which both parties have signed the Agreement. It shall end on March 1, 2008. B. Termination -2- x:\contract~&grants\program$\epidemiology\fy0304\boynton.doc i. Termination at Will This Agreement may be terminated by either party without cause upon no less than thirty (30) calendar days notice in writing to the other party unless a lesser time is mutually agreed upon in writing by both parties. Said notice shall be delivered by certified mail, return receipt requested, or in person with proof of delivery. ii. Termination for Breach This Agreement may be terminated for either party's non-performance upon no less than twenty-tbur (24) hours notice in writing by the non- breaching party. Waiver of breach of any provisions of this Agreement shall not be deemed to be a waiver of any other breach and shall not be construed to be a modification of the terms of this Agreement. C. Indemnification The Health Department as a state agency agrees to be fully responsible to the limits set forth in Section 768.28 F.S. for its own negligent acts which result in claims or suits against the Health Department arising out of this contract, and agrees to be liable to the limits set forth in Section 768.28 F.S. for any damages proximately caused by said acts or omissions. The City agrees to be fully responsible to the limits set forth in Section 768.28, F.S., for its own negligent acts which result in suits or claims against the City arising from this contract, and agrees to be liable to the limits set forth in Section 768.28, F.S., for any damages proximately caused by said acts or omissions. D. Relationship Nothing herein shall create or be construed to create an employer-employee, agency, joint venture, or partnership relationship between the parties. E. Renegotiation or Modification Modifications of provisions of this Agreement shall only be valid when they have been reduced to writing and duly signed by both parties. F. Official Representatives i. FO~ the Health Department: Name: Barbara M. O'Malley, R.N.B.L.S. Title: Senior Community Health Nursing Supervisor Organization: Palm Beach County Health Department Mailing Address: 1050 15th Street West, Riviera Beach, F1.33404 Telephone/Fax: (561) 840-4568/(561) 845-4496 E-mail: barbara_o' malley~doh.state.fl.us -3- x:\contracts&grants\programs\epidcmiology\fy0304\b°ynt°n'd°c ii. For the City: Name: Mike Landress Title: Chief Organization: City of Boynton Beach Mailing Address: Telephone/Fax: (561)742-6337 / E-mail: landressmI~ci.boynton-beach.fl.us Name: Title: Organization: City of Boynton Beach Mailing Address: Telephone/Fax: E-mail: G. All Terms and Conditions Included This Agreement contains all the terms and conditions agreed upon by the parties. There are no provisions, terms, conditions, or obligations other than those contained herein, and the Agreement shall supersede all previous communications. representations, or agreements, either verbal or written between the parties. If any term or provision of the Agreement is found to be illegal or unenforceable, the remainder of the Agreement shall remain in full force and effect and such term or provision shall be stricken. -4- x:\contracts&grants\programs\epidemiology\ fy0304Xboynton doc IN WITNESS THEREOF, the parties hereto have caused this 2 page Agreement to be executed by their undersigned officials as duly authorized. CITY OF BOYNTON BEACH STATE OF FLORIDA DEPARTMENT OF HEALTH PALM BEACH COUNTY HEALTH DEPARTMENT SIGNED BY: SIGNED NAME: NAME: Jean M:~:ie Maleeki7 M*D', MPH, FACPM TITLE: City Manager TITLE: Director DATE: DATE: /~/'7~/~1 CITY OF BOYNTON BEACH SIGNED BY: NAME: TITLE: City Clerk DATE: CITY OF BOYNTON BEACH SIGNED BY: NAME: TITLE: City Attorney DATE: -5- x :Xcontracts&grants\programs\epidemi°l°gy\fy0304\b°ynt°n'd°c Department Memorandum 03-0029 To: Chief Bingham From: Deputy Chief J. N~% Date: October 6, 2003 Re: Adult Immunization Service Agreements Attached for your review are two Memorandum of Agreement documents that I am requesting Commission approval for. Also attached are the agenda request forms necessary to place these agreements on the Oct. 21 st Commission agenda. Approval of these agreements will allow our Fire Rescue personnel to begin providing critical adult immUnizations to a number of our senior citizens. These citizens are at risk for influenza and pneumococcal infections. Targeted populations include those seniors over the age of 60 who may not have access to these inoculations. Our personnel will be teaming with the State of Florida, Dept. of Health, Palm Beach County Health Dept. and the Area Agency on Aging Palm Beach. Vaccines are provided for free and reimbursement is available for the majority of expenses incurred by the Fire Rescue Department. This critical program has the full support of our IAFF Local 1891. All personnel recruited for training and administering the inoculations are volunteers. I believe this is an important program that will begin to take our Fire Rescue EMS services to a new level, that of pro-active preventative medicine. Attachments C: EMS Coor. Landress Dr. K. Scheppke CITY OF BOYNTON BEACH City Attorney's Office Memorandum TO: Deputy Chief Jim Ness Cc: Chief William Bingham FROM: David N. Tolces, Assistant City Attorney DATE: September 15, 2003 RE: Area Agency on Aging Palm Beach Treasure Coast, Inc. We reviewed the proposed agreement between the City and the State of Florida Department of Health and the agreement between the City and the Area Agency on Aging Palm Beach Treasure Coast, Inc. (AAA), and have the following comments: 1. The proper party to the agreements should be the "City of Boynton Beach" not the "Boynton Beach Fire Rescue Department" or "Boynton Beach Fire Rescue". Therefore, please change all references to Fire Rescue and Boynton Beach Fire Rescue to "City". 2. The agreement between the City and the Area Agency on Aging (AAA) should also include a standard indemnification provision which reads as follows: AAA agrees to protect, defend, reimburse, indemnify and hold the CITY, its agents, employees, elected officers and representatives and each of them, (hereinafter collectively and for the purposes of this paragraph, refeixed to as "owner"), free and harmless at all times from and against any and all claims, liability, expenses, losses, costs, fines and damages, including attorney's and paralegal fees at both trial and appellate levels, and causes of action of every kind and character against CITY by reason of any damage or bodily injury (including death) incurred or sustained by any party hereto, any agent or employee of any party hereto, and any third or other party whomsoever, or any governmental agency, arising out of or in incident to or in connection with AAA performance under this Contract, AAA's acts, or omissions or operations hereunder, or the performance, non-performance or purported performance of the AAA of any breach of the terms of this Contract; provided however that AAA shall not be responsible to CITY for damages resulting out of bodily injury or damages to property which AAA can establish as being attributable to the sole negligence of CITY, its respective agents, servants, employees or officers. 3. The proper signatory for the City should be the City Manager with space for the City Clerk's and City Attorney's signatures. Please include the appropriate City signature blocks on both agreements. Please revise the agreements as indicated, and forward the revised agreements to our office for final review. Thank you for your assistance and if you should have any questions, please do not hesitate to contact our office. Ca/deptJfire/Memo Bingham - Area Agency on Aging V.-CONSENT AGENDA CITY OF BOYNTON BEA ITEM C.5. AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates m to City Clerk's Office [] August 5, 2003 July 14, 2003 (Noon.) [] October 7, 2003 September 15. 2003 (Noon) [] August 19. 2003 August 4, 2003 (Noon) [] October 21, 2003 October 6, 2003 (Noon) [] September 2, 2003 August 18, 2003 (Noon) [] November 5, 2003 October 2O. 2003 INoon) [] September 16, 2003 September 2, 2003 (Noon) [] November 18, 2003 November 3, 2003 (Noon, [] Administrative [] Legal rn NATURE OF [] Announcement [] New Business r,o -- AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing :j:: .z~ [] Code compliance/Legal Settlements [] Unf*mishcd Business RECOMMENDATION: To approve the county's expenditure of $1,200 in support of the Good Shepherd Summer Camp held during the summer of 2003 at the Forest Park Elementary School from June 16 through July 31, 2003. EXPLANATION: Commissioner Mary McCarty, District 4 Palm Beach County would like to fund from District 4 Recreation Assistance Program funds funding to help offset costs incurred for the Good Shepherd Summer Camp held at Forest Park Elementary School in Boynton Beach. The City of Boynton Beach will forward these funds to the Good Shepherd Humanitarian Corporation for related expenses in conjunction with summer camp. PROGRAM IMPACT: The summer camp served over forty campers at a total cost of $3,200. The City Of Boynton Beach has previously approved the sum of $2,000 in Police Department forfeiture funds for this program. This expenditure by the county will complete the funding for the summer program. FISCAL IMPACT: The funds for the program are coming from the Palm Beach county District 4 Recreation Assistance Program. See attached agreement. ALTERNATIVES: Without Palm Beach County's assistance in this program the summer program would not have been able to operate. ~ c"~'~-'-~-Department .ead's ~gna~t~' )/~ -City Manager's Signature -- Department Name City Attorney / Finance / Human Resources SSBULLETINXFORMSXAGENDA ITEM REQUEST FORM.DOC RESOLUTION NO. R03 - A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING EXECUTION OF AN AGREEMENT BE'RNEEN THE CITY OF BOYNTON BEACH AND PALM BEACH COUNTY, FOR THE GOOD SHEPHERD SUMMER CAMP PROGRAM HELD AT FOREST PARK ELEMENTARY SCHOOL; PROVIDING AN EFFECTIVE DATE. WHEREAS, Palm Beach County District 4 Recreation Assistance Program lid like to assist in the funding of the Good Shepherd Summer Camp held during he summer of 2003 at the Forest Park Elementary School; and WHEREAS, the City must enter into an agreement to receive the funding ~m Palm Beach County District 4 Recreation Assistance Program in the amount of $1,200; and WHEREAS, the City will forward these funds to the Good Shepherd manitarian Corporation for related expenses in conjunction with the summer program. 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 hereby ~thorizes execution of an Agreement with the Palm Beach County, a copy of which is attached hereto as Exhibit "A". Section 2. This Resolution shall become effective immediately upon S:\CA\RESCXAgreements\Grants\Good Shepard Summer Camp finding.doc PASSED AND ADOPTED this ~ day of October, 2003. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner Clerk ;:\CA\RES(:XAgreements\Grants\Good Shepard Summer Camp funding.doc Department: of August 28, 2003 l~rks and Recreation 2~oo ~h ^ve.~ So.~h Mr. Dan DeCarlo, Neighborhood Project Specialist Lake Worth, FL 3546! City of Boynton Beach (so!) %6-6600 Office of the City Manager P.O. Box 310 FAX: (561) 642-2640 Boynton Beach, Florida 33425 www.pbcgov.com RE: DISTRICT 4 REOREATION ASSISTANCE PROGRAM AGREEMENT FOR GOOD SHEPHERD SUMMER OAMP Dear Mr. DeCarlo: ~ aea~h co,,,tT Attached for execution on behalf of the City of Boynton Beach are two originals of Board of County Commissioners a funding Agreement for an amount up to $1,200 from District 4 Recreation Assistance Program reserves. This funding to help offset costs incurred by the City Karen T. Marcus. Chair for the Good Shepherd Summer Camp held from June 16, 2003, through July 31, --ny Masilo~ti. Vice Chairman 2003, at Forest Park Elementary School. Expenses incurred subsequent to June 1,2003, as listed in Exhibit A, are eligible for reimbursement. Jeff Koons After execution, please return both Agreements (including exhibits) along with a warren H. Newell liability insuram~e certificate naming PaJm Beach County as Additional Insured (See Mary McCarty sectior115, page four). ~urt ^~onson After the Agreement has been returned to us and approved by the Board of County Addie L. Greene Commissioners we will return a fully executed original for your records. Upon program completion, you may submit invoices and copies of checks that paid the invoices and a completed Exhibit B (Contract Payment Request). Please do not submit the completed Exhibit B until program completion. co,,,,tT~u,,i,as~-am, If you have any questions, please contact Susan Yinger, Contract/Grant Robert Weismma Coordinator, at 966-6653. On behalf of Commissioner Mary McCarty, we look forward to helping the City of Boynton Beach offset costs for the Good Shepherd Summer Camp Program. Dennis L. Eshleman, Director Parks and Recreation Department DLE/SWY Attachment: Two originals of RAP Agreement for Execution "An Equal Opportunity Affirmative Action Employer" ~ Copy to: Commissioner Mary McOarty, District 4 Mike Martz ~ p#nted on recycted paper AGREEMENT BETWEEN PALM BEACH COUNTY AND THE CITY OF BOYNTON BEACH FOR THE GOOD SHEPHERD SUMMER CAMP PROGRAM THIS AGREEMENT is made and entered into on , by and between Palm Beach County, a political subdivision of the State of Florida, hereinafter referred to as "County", and the City of Boynton Beach, a Florida Municipal Corporation, hereinafter referred to as "Boynton Beach". WlTNESSETH: WHEREAS, Boynton Beach sponsored the Good Shepherd Summer Camp program (Camp) for the Haitian community in conjunction with the Good Shepherd Humanitarian Corporation, Inc; and WHEREAS, the Camp was held at Forest Park Elementary School from June 16, 2003, through July 31,2003; and WHEREAS, curriculum goals for the camp included creating a safe place, learning respect for fellow campers, learning skills of positive communication and cooperation, raising self-esteem, learning skills of peaceful conflict resolution, engaging in dialogues about race and culture, and participating in recreational activities including art, field trips, and indoor/outdoor games; and WHEREAS, the Camp served forty (40) campers at a total cost of $ 3,200; and WHEREAS, Boynton Beach has requested that County provide an amount dp to $1,200 to help offset costs paid for the Camp; and WHEREAS, County desires to provide funding to Boynton Beach for the Camp in an amount not to exceed $1,200; and WHEREAS, funding for the Camp in an amount not to exceed $1,200 is available from Distdct 4 Recreation Assistance Program (RAP) reserves; and WHEREAS, summer camp programs for youth serve a public purpose; and WHEREAS, both parties desire to enter into this Agreement. NOW THEREFORE, in consideration of the covenants and promises contained herein, the parties hereby agree to the following terms and conditions: 1. County agrees to fund an amount not to exceed $1,200 to Boynton Beach to help offset costs for the Good Shepherd Summer Camp Program, as specifically set forth in Exhibit"A", attached hereto and incorporated herein, hereinafter referred to as the "Project". 2. County will use its best efforts to provide said funds to Boynton E~each on a reimbursement basis within forty-five (45) days of receipt of the following information: a. A written statement that the Project has been completed; and b. A Contract Payment Request Form and a Contractual Services Purchases Schedule Form, attached hereto and made a part hereof as Exhibit "B", which are required for each and every reimbursement requested by Boynton Beach. Said information shall list each invoice paid by Boynton Beach and shall include the vendor invoice number: invoice date; and the amount paid by Boynton Beach along with the number and date of the respective check for said payment. Boynton Beach shall attach a copy of each vendor invoice paid by Boynton Beach along with a copy of the respective check and shall make reference thereof to the applicable item listed on the Contractual Services Purchases Schedule. Further, the Project Financial Officer shall certify the total funds spent by Boynton Beach on the Project and shall also certify that each vendor invoice as ~isteq on the Contractual Services Purchase Schedule was paid by Boynton Beach as indicated. 3. Boynton Beach incurred expenses for the Project beginning on June 1, 2003. Those costs incurred by Boynton Beach for the Project, approved and submitted accordingly by Boynton Beach, subsequent to June 1,2003, are eligible for reimbursement by County pursuant to the terms and conditions hereof. 4. Recreation Assistance Program funds may be used as a match for other local, State or Federal grant programs, but Boynton Beach may not submit reimbursement requests for the same expenses to the County or other fund sources to receive duplicate reimbursement for the same expenses. 5. Boynton Beach agrees, warrants and represents that all of the employees and participants in the Project, were treated equally during employment, and for the provision of services without regard to race, color, religion, disability, sex, age, national origin, ancestry, madtal status, or sexual orientation. 6. Boynton Beach shall be responsible for all costs of operation and maintenance of the JSroject. 7. The term of this Agreement shall be for three (3) months, commencing upon the date of execution of this Agreement. 8. The parties agree that, in the event Boynton Beach is in default of its obligations under this Agreement, the County shall provide Boynton Beach thirty (30) days written notice to cure the default. In the event Boynton Beach fails to cure the default within the thirty/30) day cure period, the County shall have no further obligation to honor reimbursement requests submitted by Boynton Beach for the Project deemed to be in default and Boynton Beach shall return any County RAP funds already collected by Boynton Beach for that Project. 9. Notwithstanding any provision of this Agreement to the contrary, this Agreement may be terminated by County, without cause, upon thirty (30) days prior written notice to the other party. This Agreement may be terminated by the County, with cause, upon expiration of the thirty (30) day cure period provided for in Section 8 above. 10. Boynton Beach has completed the Project and shall provide its final reimbursement request(s) and final accounting data to County for same on or before three (3) months from the date of execution of this Agreement by the parties hereto. County shall not unreasonably deny Boynton Beach's request for said extension. 11. In the event Boynton Beach ceases to exist, or ceases or suspends the Project or the camp program for any reason, any remaining unpaid portion of the Agreement shall be retained by County and County shall have no further obligation to honor reimbursement requests submitted by Boynton Beach. The determination that Boynton Beach has ceased or suspended the Project shall be made solely by County, and Boynton Beach agrees to be bound by County's determination. 12. Boynton Beach agrees to abide by, and be governed by, all applicable federal, state, county, and municipal laws, including but not limited to, Palm Beach County's ordinances, as said laws and ordinances exist and are amended from time to time. In entering into this Agreement, Palm Beach County does not waive the requirements of any County or local ordinance or the requirements of obtaining any permits or licenses which are normally required to conduct business or activity conducted by Boynton Beach. Failure to comply may result in County's refusal to honor reimbursement requests for the Project. 13. County reserves the right to withhold reimbursement if the Project is not com. i~leted as specified in Exhibit "A". 14. It is understood and agreed that Boynton Beach is merely a recipient of County funding and is an independent contractor and is not an agent, servant or employee of County or its Board of County Commissioners. In the event a claim or lawsuit is brought against County or any of its officers, agents or employees, Boynton Beach shall indemnify, save and hold harmless and defend the County, its officers, agents, and/or employees'from and against any and all claims, liabilities, losses, judgments, and/or causes of action of any type 3 arriving out of or relating to any intentional or negligent act or omission of Boynton Beach. its agents, servants and/or employees in the performance of this Agreement. The foregoing indemnification shall survive termination of this Agreement. 15. Without waiving the right to sovereign immunity as provided by Section 768.28, Florida Statutes, Boynton Beach acknowledges to be self-insured for General Liability and Automobile Liability under Florida sovereign immunity statutes with coverage limits of $100,000 Per Person and $200,000 Per Occurrence; or such monetary waiver limits that may change and be set forth by the legislature. Boynton Beach agrees to maintain or to be self-insured for Workers' Compensation and Employer's Liability insurance in accordance with Florida Statutes Chapter 440. Boynton Beach shall agree to provide a statement or Certificate of Insurance evidencing insurance, self-insurance, and/or sovereign immunity status, which County agrees to recognize as acceptable for the above mentioned coverages. Compliance with the foregoing requirements shall not relieve Boynton Beach of its liability and obligations under this Interlocal Agreement. 16. Upon request by County, Boynton Beach shall demonstrate financial accountability through the submission of acceptable financial audits performed by an independent auditor. 17. Boynton Beach shall maintain books, records, documents, and other evidence which sufficiently and properly reflect all costs of any nature expended in the performance of this Agreement for a period of not less than five (5) years. Upon advance notice to Boynton Beach, County shall have the right to inspect and audit said books, records, documents, and other evidence during normal business hours. 18. The County and Boynton Beach may pursue any and all actions available under law to enforce this Agreement including, but not limited to, actions arising from the breach of any provision set forth herein. 19. This Agreement shall be governed by the laws of the State of Florida and any and all leg'al action necessary to enforce this Agreement shall be held in Palm Beach County, Flodda. 20. As provided in Section 287.132-133, Florida Statutes, by entedng into this Agreement or performing any work in furtherance hereof, Boynton Beach certifies that it, its affiliates, suppliers, subcontractor and consultants who will perform hereunder, have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the thirty six (36) months immediately preceding the date hereof. This' notice is required by Section 287.133(3)(a), Florida Statutes. 21. This Agreement sets forth the entire Agreement between the parties and supercedes all other negotiations, representations, or agreement, either written or oral, relating to this Agreement. The Agreement may be modified and amended only by written instrument executed by the parties hereto. 22. Any notice given pursuant to the terms of this Agreement shall be in writing and hand delivered or sent by U.S. Mail. All notices shall be addressed to the following: As to the County: Director of Parks and Recreation Palm Beach County Parks and Recreation Department 2700 Sixth Avenue South Lake Worth, Florida 33461 As to Boynton Beach: City Manager City of Boynton Beach P.O. Box 310 Boynton Beach, FL 33425 23. This Agreement is made solely and specifically among and for the benefit of the parties hereto, and their respective successors and assigns subject to the express provisions hereof relating to successors and assigns, and no other person shall have any rights, interest, or claims hereunder or be entitled to any benefits under or on account of this Agreement as a third-party beneficiary or otherwise. IN WITNESS WHEREOF, the undersigned parties have signed this Agreement on the date first above written. ATTEST: PALM BEACH COUNTY, FLORIDA, BY ITS BOARD OF COUNTY COMMISSIONERS DOROTHY H. WILKEN, Clerk By: By: Deputy Clerk Karen T. Marcus, Chair ATTEST: THE CITY OF BOYNTON BEACH By: By: · Superintendent Chairman APPROVED AS TO FORM AND APPROVED AS TO FORM AND LEGAL SUFFICIENCY LEGAL SUFFICIENCY By: By: " County Attorney Boynton Beach Attorney APPROVED AS TO TERMS AND CONDITIONS: By: Dennis L. Eshleman, Director Parks and Recreation Department The City of Bo inton Beach NEIGHSORHOOZ~ /=ROJECT' SPECIA L/ST P.~. 8ox3~0 8o YNTON 8~CH, FLORIDA 33~2~03 i O OFF/CE: (S~ I) 742~028 F~' (S~ I) 742.~2S9 E-MA IL: OECA RL O0~CI. 80 YN ?~-8~ CH. FL. US ~. Cl. 80 YNTO N-8~ CH. FL. US June 10,2003 Dear Sir or Madam: The City Of Boy'nton Beach is assisting in sponsoring a summer pro,am for the Haitian community at Forest Park Elementary School. We have been working with Good Shepherd Humanitarian Corporation and other Soups to help to sponsor a summer camp for forty children this summer. This is a collaborative effort with everyone trying to do ,.vhat they can to get several groups to work together. We are especially gateful for the leadership shown by Caneste Succe and the Good Shepherd organization. Attached is the budget that has been prepared for the program at Forest Park. We appreciate your consideration for funding the attached proposal. If you have any questions, please don't hesitate to contact me at 561-742-6028. Dan DeCarlo Neighborhood Project Specialist AMERICA '$ GA TEWA Y TO THE GULFSTREAM Good Shepherd Summer Camp Compensation Budget This is a six w~k Program Jun~ 16-July 31 Tnmslx~on ~ Sm:ce 4; 300.00 Counselo~ (3) ~ 500.00 St~in~ 300.00 Acting ~ Retha Low~ 300.00 Snack~~ (For Childrm) 2oo.oo La~ Day Field Trip Water Fountain~t rq00.00 July 31- W~t ~ B~eh Lmmh Summer Camp Schedule 11:00-11:15 Roll Call ~ !: 15-11:30 Bath room Break 11:30-12:30 Lunch 12:40:1:30 First Counsel Group (Ages 5-9) Writing Activifi~ Re~dlllg Art Activities Second Coun~l Group (Ag~ 10-15) Rap Seasions Math 1:40-3.'0~ Snack/Movie $:00~:00 Oatdoor/Iadoor Gam~ 4:00-4:30 Dbmbsai Schedule will vary by days due to plan field trips PARKS AND RECREATION DEPARTMENT CONTRACT PAYMENT REQUEST (Date) Grantee Project Billing # Billing Period Project Costs Cumulative Item This Billing Project Costs Contractual Service Salary and Wages ( % of Salaries) Materials, Supplies, Direct Purchases Grantee Stock Equipment Travel Donated Real Property Indirect Costs TOTAL PROJECT COSTS Certification: I hereby certify that the above Certification: I hereby certify that the documen- expenses were incurred for the work identified tation has been maintained as required to support as being accomplished in the attached progress reports, the project expenses reported above and is avail- able for audit upon request. Administrator/Date Financial Officer/Date PBC USE ONLY County Funding Participation $ Total project costs to date $ County obligation to date $ County mtainaga (..%) ( ) County fund&previously disbursed ( ) County funds due this billing $. Reviewed and Approved by: PBC Project Administrator/Date Department Director/Date 1 OF2 V.-CONSENT AGENDA 'TEM C.6 CITY OF BOYNTON BEA( AGENDA ITEM REQUEST FORTH Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meetin~ Dates in to City Clerk*s Office Meeting, Dates in to City Clerk's Office [] August 5, 2003 July 14, 2003 (Noon.) [] October 7, 2003 September 15, 2003 (Noon) [] August 19, 2003 August 4, 2003 (Noon) [] October 21. 2003 October 6, 2003 (Noon} [] September 2, 2003 August 18, 2003 (Noon) [] November 5, 2003 October 20, 2003 (Noon~ [] September 16, 2003 September 2, 2003 (Noon) [] November 18, 2003 November 3, 2003 (Noon} [] Administrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation ..~,~ [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unfimshed Business " RECOMMENDATION: Motion to approve and authorize signing of an Agreement for Water Service Outside the City Limits with Barrera for the property at 1049 Highview Road, Lantana, Florida (Lot 212, Ridge Grove Addition No. 1~c_,~r EXPLANATION: The parcel covered by this agreement is a single-family home located in the San Castle/Ridge Grove project area. Only potable water is available for connection to the property at this time due to recent water main improvements constructed by Palm Beach County as part of a neighborhood improvement project. (See location map) PROGRAM IMPACT: A Water Distribution main has recently been completed on this street, allowing for the service to this parcel. No additional construction will be required by the City to serve this property. PROGRAM IMPACT: None FISCAL IMPACT: None Department Head's UTILITIES Department Name City Attorney / Finance / Human Resources XC: Dale Sugerman (w/copy of attachments) Peter Mazzella " Michael Rumpf, Planning & Zoning. " , File " SSBULLETIN~FO~S~G~DA ITEM REQUEST FORM.DOC TO: APPLICANTS FOR WATER SERVICE OUTSIDE THE CITY LIMITS FROM: CITY OF BOYNTON BEACH UTILITIES DEPARTMENT RE: WATER SERVICE AGREEMENTS 1. Please sign the agreement (on p. 3) and the Power of Attorney form 2. Have your signatures witnessed and notarized 3. Attach a survey and legal description (LABELED EXHIBIT A) 4. Attach a copy of the site plan fi. Also attach an opinion of title from an attorney, a recent title policy (less than 6 months old) or an owner and encumbrance report from a title company (also less than 6 months old) 6. Return all documents to this office. NOTE THAT OUR OFFICE WILL NEED AT LEAST ONE WEEK'S REVIEW TIME TO PROCESS THIS APPLICATION, PRIOR TO US SCHEDULING IT FOR THE CITY COMMISSION MEETING. THE TIME SCHEDULE IS THEREFORE AT LEAST 3-4 WEEKS FROM DATE OF SUBMITTAL TO DATE OF APPROVAL, DEPENDING UPON THE ACTUAL DATES FOR COMMISSION MEETINGS. (THE COMMISSION MEETS ON THE 1s'r AND 3~t° TUESDAY OF EVERY MONTH) Sincerely Peter V. Mazzella Deputy Director of Utilities RESOLUTION NO. R03- A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING EXECUTION OF AN AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXATION BETWEEN THE CITY OF BOYNTON BEACH AND MARIA E. BARREKA; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the subject property is located outside of the City Limits, but within our water and sewer service area, located at 1049 Highview Road, Lantana, Florida (lot 212. Ridge Grove Addition No. 1); WHEREAS, the subject parcel contains a single-family home, located in the San Castle/Ridge Grove project area, and only potable water is available for connection to the troperty at this time; and WHEREAS, City policy requires annexation of the property to be serviced at the earliest practicable time, as a condition of the granting of water services outside its urisdictional limits; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF rilE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being tree and correct and are hereby made a specific part of this Resolution upon adoption hereof. Section 2. The City Manager is hereby authorized and directed to execute a Water Service Agreement between the City of Boynton Beach, Florida and Mafia E. Barrera. said Agreement being attached hereto as Exhibit "A". Section 2. This Resolution shall become effective immediately upon passage. S:\CA~RESO\Agreements\Water ServiceXBarrera Water Service Agreement.doc PASSED AND ADOPTED this ~ day of October, 2003. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner 2ity Clerk S:\CA\RESOXAgreements\Water ServicekBarrera Water Service Asreement.doc THIS INSTRUMENT PREPARED BY: James A. Cherof, Esquire Josia$ & Gomn, P.A. 3099 East Commercial Blvd. Suite 200 Ft. Lauderdale, FL 33308 AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMIT;~ AND COVENANT FOR ANNEXATION THIS AGREEMENT made on thi~~-~day of ~ , 20_~, by and between ~,~ ~.~F~'-,~,~-~ hereinafter called the "Customer", a~nd the CITY OF BOYNTON BEACH, a municipal corporation of the State of Flodda, hereinafter called the "City". WHEREAS, Customer owns real property outside of the jurisdictional limits of the City of Boynton Beach, Flodda; 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, 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. NOW THEREFORE, for anci in consideration of the pdviiege 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 sea.ce 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 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 wdtten 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 B~,ynt,;n BeAch. 5. Title to all mains, extensions and other facilities extended from the City Water Distribution System to and including the metered service to Customer shall 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 rights-of-way or easements necessary to accommodate the connections shall 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 all assigns or purchasers of any or part of this property of 'this covenant and of the irrevocable special power of attomey, but Customer's failure to provide such notice shall not constitute a defense or bar to the City's dghts 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 shall in rto 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 1 above. This Agreement and the power of attomey referenced herein is to be recorded in the Public Records of Palm Beach County, Flodda, 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. It is agreed that the City 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 prohibitions, restrictions, limitations or requirements of local, regional, State or Federal agencies 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 God, accidents, stdkes, 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, Flodda, 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 ap;.,eal or in conn.cction with post judgment collection) and costs dsing 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 wdting executed by the parties to be bound thereby. ,.-,.~ N WITNESS WHEREOF, the parties hereto have set their hands and seals this ~-~ ~ , day of ~~ ~ ,200_. WITNESS: INDIVIDUAL(S) AS OWNER(S): (As to owner) ~ ?,~1~.. C,~,..,~. (Pflnt name) (As to owner) (As to owner) (Pdnt name) (As to owner) FOR INDIVIDUAL(S) NOTARIZATION: 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. af.(zl~id to take acknowledgments, personally appeared {~~ Erisa ~=- ~ _'t'-'~ 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 was persp. Dally known t~ me or provided the following proof of identification: ,j my hand and official seal in the County and State last aforesaid this .~F~W.ITNEss ~ - day of .,.,"~ ~ ., 200_'~ (Notary Seal) r , ______% ....~/'~.¢-/_.~¢__ /'/~ WITNESS: ",~ CI~ OF BOYNTON B~CH, FLORIDA Mayor ATTEST: City Clerk 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 day of ,200_. (Notary Seal) Notary Public Approved as to form: Legal Oescdptiol'i Approved: City Attorney JAC/Ims 900182 12/12/95. rev WATERS RV. 1 THIS INSTRUMENT PREPARED Jam~ A. C~I~, Es~ulre Sure ~ Ft ~a~, ~ ~ IRREVOCABLE SPECIAL POWER OF ATTORNEY (By Individuals) STATE OF FLORIDA 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 which is the subject of this power is described as follows: 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 , 20 and the powers and authority shall be irrevocable by Grantee. IN WITNESS WHEREOF, we have hereunto set our~hands and seals the ~¢ day of %,~rd h_P" , in the year two thousand and~~, Sealed and delivered in the presence of Witness -~---" IOcu¢.~ ~OD,~ Pdnt name Witness ~(o¢~ ~°3~/c~n ~ Witness Print name Witness STATE OF FLORIDA ) ) SS: COUNTY OF PALM BEACH ) .~ TI'J~ FOREGOING IN~,,TRUMENT wa~c~wled~. ~his ~6%ay of %,,_~ ( ]_/4¢. , 20~.~, by and ,,- , , who are known to me or who have produced ~U_'b, ~ i K'_'o ~ .['~/ , as identification and _w~d~did not ~ ~ TypeorPrint Name / :..~>; ~V'~''' ;,~ ' ~------'~ Commission No. My Commission Expires: POA. IND HIGHVIEWRD ,,,....v · ...j ..... LOCATION MAP- EXHIBIT A '~ '~ Gary R. N~kolits, CFA Palm Beach County Appraiser Public Access System - Property Information Location Address: 1049 HIGHVIEW RD Munic~pahty: COUNTY OF PALM BEACH Parcel Control Number: 00-43-45-09-09-000-2120 Sut~diwslon: RIDGE GROVE ADD 1 IN Official Records Book,: 11992 Page: 99 Sale Date Aug-2000 Legal Description RIDGE GROVE ADD NO1 LT212 Owner Information Name: BARRERA MARIA E Mailing Address: 1049 HIGHVIEW RD LAKE WORTH FL 33462 5907 - 2003 Proposed Appraisal Improvement Value: $34,776 Number of Units: 1 [ Structural Land Value: $11.520 Total Sq. Ft: 753 [ E~tra. Market Value: $46,296 Acres: .00 [ Land.. I Use Code: 0100 Description: SINGLE FAMILY - 2003 Proposed Tax Ad Valorem: $905.19 Non ad valorem: $192.00 Total: $1,097.19 I Deta,l... 2003 Proposed Assessed & Taxable Values Assessed Value: $46,296.00 Exemption amount: $0 (2003 Exemption) Taxable: $46,29600 Exemption Information Unavailable. Sales Information Sales DatQ Boo~ Page Price Instrument Owner Aug-2000 11992 99 45000 VVD BARRERA MARIA E Dec-1999 11534 903 32200 WO BENDELE JOHN W 2ND Mar-1998 10295 1932 100 WD ADAMS MELVIN A JR Mar-1994 08161 1266 37500 WO Apr-1987 05274 0048 100 LE Feb-1987 05262 1682 15300 RD Print Information Home I I Back I ! Search I i Search Result http://www.co.palm.beach.fl.us/papa/main/detail_info.asp?p_entity=O0434509... 9/26/2003 V.-CONSENT AGENDA ' CITY OF BOYNTON BEA£ ITEM C.7 AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates m to City Clerk's Office [] August 5, 2003 July 14, 2003 (Noon.) [] October 7, 2003 September 15. 2003 (Noon) [] August 19, 2003 August 4, 2003 (Noon) [] October 21, 2003 October 6, 2003 (Noon) [] September 2, 2003 August 18, 2003 (Noon) [] November 5, 2003 October 20, 2003 {Noon) [] September 16, 2003 September 2, 2003 (Noon) [] November 18, 2003 November 3, 2003 (Noon) [] Administrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation - [5~ Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unf'mished Business RECOMMENDATION: Approve Department of Community Affairs Local Mitigation Grant award for the insialtatim~xof~ permanent hun'icane window screens over selected second story windows at City Hall c. EXPL.ad~IATION: This grant award will provide 75% funding for the purchases and installation of 24 permanent hurricane resistant window coverings on second story windows that cannot be shuttered through standard methods. These windows were modified a number of years ago during "sick building" remediation work. With the installation of these windows, all second story windows can now be shuttered during a hurricane. PROGRAM IMPACT: Adequate fortification of all the second story windows at City Hall is critical to the protection of both the building and the critical equipment and offices contained within the building (i.e. 911 dispatch, ITS, Finance) FISCAL IMPACT: The City is required to supply a matching portion of 25% of the grant award, that portion equates to $13,593.00. The Federal share is equal to $40,780.00 ALTE/~,~TIVES: Purchase ~overings with 100% fimding from the C~~leave the windows unprotected. DepOt Head s Signature City'Manager's Signature Department Name ~/ City Attorney/~e / Human Resources Fire Rescue Department S:~BULLET1N~ORMS~a, GENDA ITEM REQUEST FORM.DOC STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS "Dedicated to making Florida a better place to call home" JEB BUSH COLLEEN CASTILLE Governor Secreta~ July 21, 2003 Mr. James Ness, Deputy Fire Chief City of Boynton Beach 100 East Boynton Beach Boulevard Boynton Beach, Florida 33435 Re: FEMA Project 1359-0012 Boynton Beach City HalI/EOC Project Dear Chief Ness: The Department of Community Affairs (DCA) is pleased to inform you that the Federal Emergency Management Agency has approved the obligation of Hazard Mitigation Grant Program funds for the project number(s) listed above. Please note that this is an eligible cost- reimbursement contract, and as such, the subgrantee must make other funding arrangements to complete this project. However, the subgrantee may submit periodic requests for payment throughout the project process, consistent with the terms of the contract. Enclosed are four copies of the proposed contract between the City of Boynton Beach and DCA. The official representative, as listed below, will need to sign both the signature page (Page t 7) and the Lobbying Agreement (Attachment C-1). All four (4) copie~ of the contract should then be sent to DCA fro' full execution no later than ninety (90) day~ after receipt of this letter for final execution. One fully executed contract will be returned to the City of Boynton Beach for its files. Official Representa~ves: County: Chairman of the Board of Commissioners City: Mayor Indian Tribe: Chief or President Water Management District: Chairman Non-Profit: Chairman of the Board 2555 SHUMARD OAK BOULEVARD · TALLAHASSEE, FLORIDA 32399-2100 Phone: 850.488.8466/Suncorn 278.8466 FAX: 850.921.0781/Suncom 291.0781 Internet address: http://www.dca.state.fl.us CRITICAL STATE CONCERN FIELD OFFICE COMMUNITY PLANNINO EMERGENCY t~ ~ & COMMUNITY DEVELOPMENT 2796 Ove~eas Highway. Suite 212 2555 Shun'~rd Oak Bouievan:l 2555 Shumard Oak 1~3ulevaed 255~ Shuman:l Oak Bc3ulevan:l Marathon, FL 33050-2227 Tallahassee, FL 32399-2100 Tallahasse~, FL 32399-2100 Tallahassee, FL 32399-2100 (305) 289-2402 (850) 488-2356 (850) 413-9969 (850) 488-7956 Mr. James Ness July 21, 2003 Page Two If there is an official that is not listed above who is authorized to sign the contracts for your organization, please provide a copy of the organization's resolution or charter that specifically identifies the person or position that is authorized to sign. If you have questions regarding this contract or who is authorized to sign it, please call Merle Davis at 850/413-7440. Respectfully, W. Craig Fugate, Director Division of Emergency Management WCF:mds Enclosures RESOLUTION NO. R03 - A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING EXECUTION OF A GRANT AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND THE DEPARTMENT OF COMMU2qlTY AFFAIRS LOCAL MITIGATION FOR THE INSTALLATION OF PERMANENT HURRICAN WINDOW SCREENS AT CITY HALL; PROVIDING AN EFFECTIVE DATE. WHEREAS, this grant a ward w ill provide 7 5% funding for t he purchases a nd installation of 24 permanent hurricane resistant window coverings on second story windows hat cannot be shuttered through standard methods; and WHEREAS, adequate fortification of all the second story windows at City Hall is :ritical to the protection of both the building and the critical equipment and offices contained ~,ithin the building; 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 as >eing true and correct and are hereby made a specific part of this Resolution upon adoption aereof. Section 2. The City Commission of the City of Boynton Beach hereby authorizes md directs the execution of the Agreement between the City of Boynton Beach, Florida and he Department ofl~ommunity Affairs Local Mitigation, a copy of which is attached hereto ~s Exhibit "A". Section 2. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this ~ day of October, 2003. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner ~.TTEST: 2ity Clerk CITY OF BOYNTON BEACH City Attorney's Office Memorandum TO: Jim Ness, Deputy Fire Chief FROM: David N. Tolces, Assistant City Attorney DATE: August 5, 2003 RE: Disaster Mitigation Grant Award - Contract Review Pursuant to your July 31, 2003 request, we have reviewed the proposed agreement between the City and the Department of Community Affairs regarding the purchase of window protection for City Hall, and find it satisfactory. Pursuant to Section 1 l(b), the venue for any litigation arising from this agreement will be in Leon County, Florida. The City typically only consents to venue in Palm Beach County, however, in this instance as the Department is located in Tallahassee, any lawsuit will need to be filed in Tallahassee. Should you have any questions or comments, please contact our office at you earliest convenience. Ca/dept/fire/Memo to DCNess - Dept. Comm. Affairs Agreement Department Memorandum 03-0019 To: Jim Cherof From: Deputy Chief J. N~~ Date: July 31, 2003 Re: Disaster Mitigation Grant Award - Contract Review Attached for your review is a copy of a disaster mitigation grant contact submitted by the State of Florida, Department of Community Affairs for the purchase of window protection for City Hall. The agreement must be signed by the Mayor and executed within the next 90 days. The grant requires a matching portion of 25%, or approximately $13,593.00. Please review the attached document and provide me with any comments or concerns. Once your approval is received I will place the contract on the commission agenda for approval. Your assistance in this matter is appreciated. C: Chief Bingham Kurt Bressner Attachment Contract Number: 04HM-?L-10-60-15-013 CFDA Number: 83.548 FEDERALLY FUNDED SUBGRANT AGREEMENT THIS AGREEMENT is entered into by and between the State of Florida, Department of Community Affairs, with headquarters in Tallahassee, Flodda (hereinafter referred to as the "Department"), and the City of Boynton Beach, (hereinafter referred to as the "Recipient"). THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING FACTS: A. WHEREAS, the Recipient represents that it is fully qualified and eligible to receive these grant funds to provide the services identified herein; and B. WHEREAS, the Department has received these grant funds from the federal government, and has the authority to subgrant these funds to the Recipient upon the terms and conditions hereinafter set forth; and C. WHEREAS, the Department has authority pursuant to Florida law to disburse the funds under this Agreement. NOW, THEREFORE, the Department and the Recipient do mutually agree as follows: (1) SCOPE OF WORK. The Recipient shall fully perform the. obligations in accordance with the Budget and Scope of Work, Attachment A of this Agreement. (2) INCORpORATION OF LAWS. RULES. REGULATIONS AND POLICIES. Both the Recipient and the Department shall be governed by applicable State and Federal laws, rules and regulations, including but not limited to those identified in Attachment B. (3) PERIOD OF AGREEMENT.- This Agreement. shall begin upon execution by both parties and shall end nine (9) months from the date of execution, unless terminated earlier in accordance with the provisions of paragraph (9) of this Agreement. (4) MODIFICATION OF CONTRACT; REPAYMENTS (a) Either party may request modification of the provisions of this Agreement. Changes which are mutually agreed upon shall be valid only when reduced to writing, duly signed by each of the parties hereto, and attached to the original of this Agreement. (b) The Department Contract Manager (DCM) will evaluate requests for cost overruns and submit to the Regional Director written determination of cost overrun eligibility. Cost overruns shall meet Federal regulations set forth in 44CFR 206.438(b). The National Environmental Policy Act (NEPA) stipulates that additions or amendments to a HMGP subgmntee Scope of Work (SOW) shall be reviewed by all State and Federal agencies participating in the NEPA process. You are reminded that no construction may occur in this phase, that a full environmental review must be completed prior to funding Phase II. As a reminder, the subgrantee must obtain prior approval from the State, before implementing changes to the approved project Scope of Work (SOW). Per the Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments: 1. For construction projects, the grantee must 'obtain prior written approval for any budget revision which result in · need for additional funds" (44 CFR 13 (c)); 2. A change in the scope of work must be approved by FEMA in advance regardless of the budget implications; and 3. The Subgnmtee must notify the State as soon as significant developments become known, such as delays or adverse conditions that might raise costs or delay completion, or favorable condiflm3s allowing lower cost or earlier completion. 2 (c) Ail refunds or repayments to be made to the Department under this Agreement are to be made payable to the order of 'Department of Community Affairs", and mailed directly to the Department at the following address: Department of Community Affairs Cashier Finance and Accounting 2555 Shumard Oak Boulevard Tallahassee FL 32399-2100 In accordance with § 215.34(2), Fla. Stat,, if a check or other draft is returned to the Department for collection, the Department must add to the amount of the check or draft a service fee of Fifteen Dollars ($15.00) or Five Percent (5%) of the face amount of the check or draft, whichever is greater. (5) RECORDKEEPING (a) As applicable, Recipient's performance under this Agreement shall be subject to the federal 'Common Rule: Uniform Administrative Requirements for State and Local Governments' (53 Federal Register 8034) or OMB Circular No. A-110, 'Grants and Agreements with Institutions of High Education, Hospitals, and Other Nonprofit Organizations," and either OMB Circular No. A-87, 'Cost Principles for State and Local Governments," OMB Circular No. A-21, 'Cost Principles for Educational Institutions," or OMB Circular No. A-122, "Cost Principles for Nonprofit Organizations." If this Agreement is made with a commercial (for-profit) organization on a cost-reimbursement basis, the Recipient shall be subject to Federal Acquisition Regulations 31.2 and 931.2. (b) The Recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of five years from the date the audit report is issued, and shall allow the Department or its designee, Comptroller, or Auditor General access to such records upon request. The Recipient shall ensure that audit working papers are mede available to the Department or its designee, Complroller, or Auditor General upon request for a period of five years from the date the audit report is issued, unless extended in writing by the Department, with the following exceptions: 3 1. If any litigation, claim or audit is started before the expiration of the five year period and extends beyond the five year period, the records will be maintained until all litigation, claims or audit findings involving the records have been resolved. 2. Records for the disposition of non-expendable personal property valued at $5,000 or more at the time of acquisition shall be retained for five years after final disposition. 3. Records relating to real property acquisition shall be retained for five years after closing of title. (c) Ail records, including supporting documentation of all program costs, shall be sufficient to determine compliance with the requirements and objectives of the Budget and Scope of Work - Attachment A - and all other applicable laws and regulations. (d) The Recipient, its employees or agents, including all subcontractors or consultants to be paid from funds provided under this Agreement, shall allow access to its records at reasonable times to the Department, its employees, and agents. "Reasonable" shall be construed according to the circumstances but ordinarily shall mean dudng normal business hours of 8:00 a.m. to 5:00 p.m., local time, on Monday through Friday. "Agents' shall include, but not be limited to, auditors retained by the Department. (6) REPORTS (a) At a minimum, the Recipient shall provide the Department with quarterty reports, and (b) Quarterly reports are due to be received by the Department no later than 30 days after Itm end of each quarter of the program year and shall continue to be.submitted each quarter until submission of the administrative close-out report. The ending dates for each quarter of the program year are March 30, June 30, September 30 and December 31. (c) The close-out report is due 60 days after termination of this Agreement or upon completion of the activities contained in this Agreement. (d) ff all required reports and copies, prescribed above, are not sent to the Department or are not completed in a manner acceptable to the Department, the DeparE,ent may withhold further payments until they are completed or may take such other action as set forth in paragraph (9). The Department may terminate the Agreement with a Recipient if reports are not received within 30 days after written notice by the Department. "Acceptable to the Department" means that the work product was completed in accordance with generally accepted principles and is consistent with the Budget and Scope of Work. (e) Upon reasonable notice, the Recipient shall provide such additional program updates or information as may be required by the Department. (f) The Recipient shall provide additional reports and information as identified in Attachment F. (7) MONITORING. The Recipient shall constantly monitor its performance under this Agreement to ensure that time schedules are being met, the Budget and Scope of Work are being accomplished within specified time periods, and other performance goals are being achieved. Such review shall be made for each function or activity set forth in Attachment A to Ihis Agrasment. In addition, the Department will monitor the performance and financial management by the Recipient throughout the contract term to ensure timely completion of all tasks. In addition to reviews of audits conducted in accordance with OMB Circular A-133, as revised (see 'AUDIT REQUIREMENTS' below), monitoring procedures may include, but not be limited to, on-site visits by Department staff, limited scope audits as defined by OMB Circular A-133, as revised, and/or other procedures. By entering into this Agreement, the Recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Department. In the event that the Deparlmant determines that · limited scope audit of the Recipient is appropriate, the Recipient agrees to comply with any additional inslructions provided by the Department to the Recipient regarding such audit. The Recipient further agrees to comply and cooperate with any inspections, reviews, investigations or audits deemed necessary by th~ Comptroller or Auditor Ganerel. In addition, the Depa,[,,,ent will monitor the performance and financial management by the Contractor throughout the conlrect term to ensure timely completion of all tasks. 5 (8) LIABILITY. (a) Unless Recipient is a State agency or subdivision, the Recipient shall be solely responsible to parties with whom it shall deal in carrying out the terms of this agreement, and shall save the Department harmless against all claims of whatever nature by third parties arising out of the performance of work under this agreement. For purposes of this agreement, Recipient agrees that it is not an employee or agent of the Department, but is an independent contractor. (b) Any Recipient who is a state agency or subdivision, as defined in Section 768.28, Fla. Stat., agrees to be fully responsible to the extent provided by Section 768.28 Fla. Stat. for its negligent acts or omissions or tortious acts which result in claims or suits against the Department, and agrees to be liable for any damages proximately caused by said acts or omissions. Nothing herein is intended to serve as a waiver of sovereign immunity by any Recipient to which sovereign immunity applies. Nothing herein shall be construed as consent by a state agency or subdivision of the State of Florida to be sued by third parties in any matter arising out of any contract. (9) DEFAULT; REMEDIES; TERMINATION. (a) If the necessary funds are not available to fund this Agreement as a result of action by Congress, the state Legislature, the Offioe of the Comptroller or the Office of Management and Budgeting, or if any of the following events occur ("Events of Default'), all obligations on the part of the Department to make any further payment of funds hereunder shall, if the Department so elects, terminate and the Department may, at its option, exercise any of its remedies set forth herein, but the Department may make any payments or parts of payments after the happening of any Events of Default without therebywaiving the right to exercise such remedies, and without becoming liable to make any further payment: 1. If any warranty or representation made by the Recipient in this Agreement or any previous Agreement with lhe Department shall at any time be false or misleading in any respect, or if the Recipient shall fail to keep, 'observe or perform any of the terms or covenants contained in this Agreement or any previous agreement with the Department and has not cured such in timely fashion, or is unable or unwilling to meet its obligations thereunder;, 6 2. If any matedal adverse change shall occur in the financial condition of the Recipient at any time during the term of this Agreement from the financial condition revealed in any reports filed or to be filed with the Department, and the Recipient fails to cure said matedal adverse change within thirty (30) days from the time the date written notice is sent by the Department. 3. If any reports required by this Agreement have not been submitted to the Department or have been submitted with incorrect, incomplete or insufficient information; 4. If the Recipient has failed to perform and complete in timely fashion any of the services required under the Budget and Scope of Work attached hereto as Attachment A. (b) Upon the happening of an Event of Default, then the Department may, at its option, upon thirty (30) calendar days prior written notice to the Recipient and upon the Recipient's failure to timely cum, exercise any one or more of the following remedies, either concurrently or consecutively, and the pursuit of any one of the following remedies shall not preclude the Department from pursuing any other remedies contained herein or otherwise provided at law or in equity:. 1. Terminate this Agreement, provided that the Recipient is given at least thirty (30) days prior written notice of such termination. The notice shall be effective when placed in the United States mail, first ciass mail, postage prepaid, by registered or certifiad mail-return receipt requested, to the address set forth in paragraph (10) herein; 2. Commence an appropriate legal or equitable action to enforce performance of 3. Withhold or suspend payment of all or any part of a request for payment; 4. Exercise any corrective or remedial actions, to, include but not be limited to, requesting edditJonal information from the Recipient to determine the reasons for or the extent of non- compliance or lack of performance, issuing a written waming to advise that more serious measures may be taken if the situation is not corrected, advising the Recipient to suspend, discontinue or refrain from incurring costs for any activities' in question or requiring the Recipient to reimburse the Department for the amount of costs incurred for any items determined to be inelig~e; 5. Exercise any other rights or remedies which may be otherwise available under law; (c) The Department may terminate this Agreement for cause upon such written notice as is reasonable under the circumstances. Cause shall include, but not be limited to, misuse of funds; fraud; lack of compliance with applicable rules, laws and regulations; failure to perform in a timely manner; and refusal by the Recipient to permit public access to any document, paper, letter, or other material subject to disclosure under Chapter 119, Fla. Stat., as amended. (d) Suspension or termination constitutes final agency action under Chapter 120, Fie. Stat., as amended. Notification of suspension or termination shall include notice of administrative hearing rights and time frames. (e) In addition to any other remedies, the Recipient shall return to the Department any funds which were used for ineligible purposes under the program laws, rules, and regulations governing the use of the funds under the program. (f) This Agreement may be terminated by the written mutual consent of the parties. (g) Notwithstanding the above, the Recipient shall not be relieved of liability to the Deparlmant by virtue of any breach of Agreement by the Recipient. The Department may, to the extent authorized by law, withhold any payments to the Recipient for purpose of sat-off until such time as the exact amount of damages due the Department from the Recipient is determined. (10) NOTICE AND CONTACT. (a) All notices provided under or pursuant to this Agreement shall be in writing, either by hand delivery, or first class, certified mail, return receipt requested, to the representative identified below at the address set forth below and said notification attached to the original of this Agreement. (b) The name and address of the Depa~ l, .ant contract manager for this Agreement is: Ms. Kathieen Marshall, Planning Manager - Bureau of Recovery and Mitigation Depa, b,~ent of Community Affairs 2555 Shumard Oak Boulevard Tallahasaee, Florida 32399 Telephone: (850) 922-5944 Fax: (850) 922-1259 8 (c) The name and address of the Representative of the Recipient responsible for the administration of this Agreement is: Mr. James Ness, Deputy Fire Chief City of Boynton Beach 100 East Boynton Beach Boulevard " Boynton Beach, Florida 33435 Telephone: 561-742-6333 Fax: 561-742-6334 (d) In the event that different representatives or addresses are designated by either party after execution of this Agreement, notice of the name, title and address of the new representative will be rendered as provided in (lOXa) above. (11) OTHER PROVISIONS. (a) The validity of this ,~reement is subject to the truth and accuracy of all the information, representations, and materials submitted or provided by the Recipient in this Agreement, in any subsequent submission or response to Department request, or in any submission or response to fulfill the requirements of this Agreement, and such information, representations, and materials are incorporated by reference. The lack of accuracy thereof or any material changes shall, at the option of the Department and with thirty (30)days written notice to the Recipient. cause the termination of this Agreement and the release of the Department from all its obligations to the Recipient. (b) This Agreement shall be construed under the laws of the State of Florida, and venue for any actions arising out of this Agreement shall lie in Leon County. If any provision hereof is in conflict with any applicable statute or rule, or is otherwise unenforceable, then such provision shall be deemed null and void to the extent of such conflict, and shall be deemed severable, but shall not invalidate any other provision of this Agreement. (c) No waiver by the Depa,~.ent of any right or remedy granted hereunder or failure to insist on strict performance by the Recipient shall affect or extend or act as a waiver of any other right or remedy of the Department hereunder, or affect the subsequent exercise of lhe same right or remedy by the DepaHr,~ent for any further or subsequent default by the Recipient. Any power of approval or disapproval granted to the Department under the terms of this Agreement shall survive the terms and life of this Agreement as a whole. (d) The Agreement may be executed in any number of counterparts, any one of which may be taken as an original. (e) The Recipient agrees to comply with the Americans With Disabilities Act (Public Law 101-336, 42 U.S.C. Section 12101 et seq.), if applicable, which prohibits discrimination by public and private entities on the basis of disability in the areas of employment, public accommodations, transportation, State and local government services, and in telecommunications. (f) A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime or on the discriminatory vendor list~ay not submit a bid on a conb'act to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as e contractor, supplier, subcontractor, or consultant under a contract with a public entity, and may not transact_business with any public entity.'_m.. excess of Category Two for a period of 36 months from the date of being placed on the convicted vendor or discriminatory vendor list. (g) With respect to any Recipient which is not a local govemment or state agency, and which receives funds under this Agreement from the federal government, by signing this Agreement, the Recipient certifies, to the best of its knowledge and belief, that it and its principals: 1. are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by a federal depaH,,;ent or agency;, 2. have not, within a five-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or perfcxTning a public (federal, state or local) transaction or contract under public transaction; violation of federal or slate entitmst statutes or commission of embezzlement, theft, forgery, bribery, falsification or dastnJCtion of records, making false statements, or receiving stolen property;, 10 3. are not presently indicted or otherwise criminally or civilly charged by a governmental entity (federal, state or local) with commission of any offenses enumerated in paragraph 11(g)2. of this certification; and 4. have not within a five-year period preceding this Agreement had one or more public transactions (federal, state or local) terminated for cause or default. Where the Recipient is unable to certify to any of the statements in this certification, such Recipient shall attach an explanation to.this Agreement. (h) The Recipient shall fully perform the approved hazard mitigation project, as described in the Application and Attachment A (Budget and Scope of Work) attached to Ibis Agreement, in accordance with the approved scope of work indicated therein, the estimate of costs indicated therein, the allocation of funds indicated therein, and the terms and conditions of this Agreement. Recipient shall not deviate from the_ approved project and the terms and conditions of Ibis Agreement. Recipient shall .~c0mply with any and all applicable codes and standards in performing work funded under Ibis Agreement, and shall provide any appropriate maintenance and security for the project. Any development permit issued by, or development activity undertaken by, the Recipient and any land use permitted by or engaged in by the Recipient, shall be consistent with the local comprehensive plan and land development regulations prepared and adopted pumuant to Chapter 163, Part II, Florida Statutes. Funds shall be expended for, and development activities and land uses authorized for, only those uses which are permitted under the comprehensive plan and land development regulations. The Recipient shall be responsible for ensuring that any development permit issued and any development activity or land use undertaken ia, where applicable, also authorized by the Water Management District, the Florida Department of Environmental Protection, the Flodda Department of Health, the Florida Game and Fish Commission, and any federal, state, or local environmental or land use permitting authority, where required. Recipient agrees that any repair or construction shall be in accordance with applicable stan~lards of safety, decency, and sanitation, and in conformity with applicable codes, specifications and standards. 1l Recipient will provide and maintain competent and adequate engineering supervision at the construction site to ensure that the completed work conforms with the approved plans and specifications and will furnish progress reports and such other information to the Department as may be required. If the hazard mitigation project described in Attachment A includes an acquisition or relocation project, then Recipient shall ensure that, as a condition of funding under this Agreement, the owner of the affected real property shall record in the public records of the county where it is located the following covenants and restrictions, which shall run with and apply to any property acquired, accepted, or from which a structure will be removed pursuant to the project:. 1. the property will be dedicated and maintained in perpetuity for a use that is compatible with open space, recreational, or wetlands management practices; 2. no new structure will be erected on property other than: (a) a public facility that is open on all sides and functionally related to a designated open space; (b) a restroom; or a structure that the Director of the Federal Emergency Management Agency approves in wrffing before the commencement of the construction of the stTucture; 4. after the date of the acquisition or relocation no application for disaster assistance for any purpose will be made to any Federal entity and no disaster assistance will be provided for the property by any Federal source; and 5. if any of these covenants and restrictions is violated by the owner or by some third party with the knowied~.-of the owner, fee simple title to the Property described herein shall be conveyed to lhe Board of Trustees of the Internal Improvement Trust Fund of the State of Florida without further notice to the owner, its successors and assigns, and the owner, its successors and assigns shall forfeit all right, title and interest in and to the property. 12 (12) AUDIT REQUIREMENTS. (a) The Recipient.agrees to maintain financial procedures and support documents, in accordance with generally accepted accounting principles, to account for the receipt and expenditure of funds under this Agreement. (b) These records shall be available at all reasonable times for inspection, review, or audit by state personnel and other personnel duly authorized by the Department. "Reasonable" shall be construed according to circumstances, but ordinarily shall mean normal business hours of 8:00 a.m. to 5:00 p.m., local time, Monday through Friday. (c) The Recipient shall also provide the Department with the records, reports or financial statements upon request for the purposes of auditing and monitoring the funds awarded under this Agreement. (d) If the Recipient is a State or local government or a non-profit organization as defined in OMB Circular A-133, as revised, and in the event that the Recipient expends $300,000 or more in Federal awards in its fiscal year, the Recipient must have a single or program-specific audit conducted in accordance with the provisions of OMB Circular A-133, as revised. EXHIBIT 1 to this Agreement indicates Federal resources awarded through the Department by this Agreement. In determining the Federal awards expended in its fiscal year, the Recipient shall consider all sources of Federal awards, including Federal resources received from the Department. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A-133, as revised. An audit of the Recipient conducted by the Auditor General in accordance with the provisions of OMB Circular A-133, as revised, will meet the requirements of this paragraph. In connection with the audit requirements addressed in Paragraph 12 (d) above, the Recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as revised. If the Recipient expends lees then $300,000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, is not required. In the event that the Recipient expends less than $300,000 in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, the cost of the 13 audit must be paid from non-Federal resources (i.e., the cost of such audit must be paid fi-om Recipient resources obtained from other than Federal entities). (e) Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and required by subparagraph (d) above shall be submitted, when required by Section .320 (d), OMB Circular A-133, as revised, by or on behalf of the Recipient directly to each"of the following: The Department of Community Affairs at each of the following addresses: Depacb~ent of Community Affairs Office of Audit Services 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 and Department of Community Affairs Bureau of Recovery and Mitigation 2555 Shumard Oak Boulevard Tallahaases, Florida 32399-2100 Th® Federal A~dit Clearinghouse designated in OMB Circular A-133. as revised (the number of c0p~,s required by Sections .320(d)(1) and (2). OMB Circular A-133. as revised, should be submitted to the Federal Audit Clearinghouse), at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10~' Street Jeffersonville, IN 47132 Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f), OMB Circular A-13,3, as revised. (f) Pursuant to Section .320 (f), OMB Circular A-133. as revised, the recipient shall submit a copy of the reporting package described in Section .320 (c). OMB Circular A-133, as revised, and any management letter issued by the auditor, to the Department at each of the following addresses: Depa~.,ent of Community Affairs 2555 Shumard Oak Boulevard Tallaheseae, Florida 32399-2100 and Department of Community Affairs Bureau of Recovery and Mitigation 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 $ (g) Any reports, management letter, or other information required to be submitted to the Department pursUant to this Agreement shall be submitted timely in accordance with OMB Circular A-133, Florida Statutes, and Chapters 10.550 (local govemmentai entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. (h) Recipients, when submitting financial reporting packages to the Department for audits done in accordance with OMB Circular A-133 or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the Recipient in correspondence accompanying the reporting package. (i) The Recipient shall retain sufficient records demonstrating its compliance with the terms of this agreement for a period of five years from the date the audit report is issued, and shall allow the Department, or its designee, the Comptroller, or Auditor General access to such records upon request. The recipient shall ensure that audit working papers are made available to the Department, or its designee, the Comptroller, or Auditor General upon request for a period of five years from the date the audit report is issued, unless extended in writing by the Department. (j) In the event the audit shows that the entire funds disbursed hereunder, or any portion thereof, ware not spent in accordance with the conditions of this Agreement, the Recipient shall be held liable for reimbursement to the Department of all funds not spent in accordance with these applicable regulations and Agreement provisions within thirty (30) days after the Department has notif~KI the Recipient of such non-compliance. (k) The Recipient shall retain all financial records, supporting documents, statistical records, and any other documents pertinent to this contract for a period of five years after the date of submission of the final expenditum~ report. However, if litigation or an audit has been initiated pdor to the expiration of the five-year period, the records shall be retained until the litigation or audit findings have been resolved. (I) The Recipient shall have all audits completed by an independent certified public accountant (IPA) who shall either be a certified public accountant or a public accountant licensed under Chapter 473, Fla. Stat. The IPA shall state that the audit complied with the applicable provisions noted above. 15 (13) SUBCONTRACTS. (a) If the Recipient subcontracts any or all of the work required under this Agreement, a copy of the executed subcontract must be forwarded to the Department within thirty (30) days after execution of the subcontract. The Recipient agrees to include in the subcontract that (i) the subcontractor is bound by all applicable state and federal laws and regulations, and (ii) the subcontractor shall hold the Department and Recipient harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by law. (14) TERMS AND CONDITIONS. The Agreement contains all the terms and conditions agreed upon by the parties. (15) ATTACHMENTS. (a) Ail attachments to this Agreement are incorporated as if set out fully herein. (b) In the event of any inconsistencies or conflict between the language of this Agreement and the attachments hereto, the language of such attachments shall be co~trolling, but only to the extent of such conflict or inconsistency. (c) This Agreement has the following attachments: Exhibit 1 Funding Sources Attachment A Budget and Scope of Work Attachment B Program Statutes and Regulations Attachment C Lobbying Prohibition/Certification Attachment D Statement of Assurances Attachment E Request for Advance or Reimbursement Attachment F Quarterly Report Form (16) FUNDING/CONSIDERATION (a) This is a cost-reimbursement Agreement. The Recipient shall be reimbursed for costs incurred in the satisfactory-performanceof'work hereunder in an amount not to exceed-S42,386.00 subject to the availability of funds. (b) Any advance payment under this Agreement is subject to s. 216.181(16), Florida Statutes. The amount which may be advanced may not exceed the expected cash needs of the Recipient within the first three (3) months of the contract term. For a federally funded contract, any advance payment is also subject to federal OMB Circulars A-87, A-110, A-122 and the Cash Management Improvement Act of 1990. If an advance payment is requested, the budget date on which the request is based and a justification statement shall be included in this Agreement on the Summary of Documentation form (E-2). This form will specify the amount of advance payment needed and provide an explanation of the necessity for and proposed use of these funds. 1. No advance payment is requested. 2. An advance payment of $ is requested. (c) After the initial advance, if any, payment shall be made on a reimbursement basis as needed. The Recipient agrees to expend funds in accordance with the Budget and Scope of Work, Attachment A of this Agreement. (17) STANDARD CONDITIONS. The Recipient agrees to be bound by the following standard conditions: (a) The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature, and subject to any modification in accordance with Chapter 216, Fla. Stat. or the Florida Constitution. (b) If otherwise allowed under this Agreement, the Agreement may be renewed on a yearly basis for a period of up to two (2) years after the initial agreement or for a period no longer than the term of the original agreement, whichever period is longer, specifying the terms under which the cost may change as determined in the invitation to bid, request for proposals, or pertinent statutes or regulations. (c) AJI bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper preaudit and postaudit thereof. (d) If otherwise allowed under this Agreement, all bills for any travel expenses shall be submitted in accordance with Section 112.061, ~_[P.,_.,?L~. (e) The Department of Community Affairs reserves the right to unilaterally cancel this Agreement for refusal by the Recipient to allow public access to ali documents, papers, letters or other material subject to the provisicn~ of Chapter 119, Fie. Stat., and made or received by the Recipient in conjunction ~ this Agreement. (f) If the Recipient is allowed to temporarily invest any advances of.funds under this Agreement, any interest income shall either be retumad to the Department or be applied against the Department's obligation to pay the contract amount. 1'7 (g) The State of Florida will not intentionally award publicly-funded contracts to any contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in 8 U.S.C. Section ~1324a(e) [Section 274A(e) of the Immigration and Nationality Act ('INA')]. The Department shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the INA. Such violation by the Recipient of the employment provisions contained in Section 274A(e) of the INA shall be grounds for unilateral cancellation of this Agreement by the Department. (18) LOBBYING PROHIBITION. (a) No funds or other resources received from the Department in connection with this Agreement may be used directly or indirectly to influence legislation or any other official action by the Florida Legislature or any state agency. (b) The Recipient certifies, by its signature to this Agreement, that to the best of his or her knowledge and belief: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an off.ruer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal c(mtract, grant, loan or cooperative agreement, the undersigned shall complete and submit Standard. Form-LLL, 'Disclosure Form to RepogLobbying,' in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. 18 This certification is a material representative of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certirmation is a prerequisite for making or entedng into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. (19) COPYRIGHT, PATENT AND TRADEMARK ANY AND ALL PATENT RIGHTS ACCRUING UNDER OR IN CONNECTION WTTH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY RESERVED TO THE STATE OF FLORIDA. ANY AND ALL COPYRIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY TRANSFERRED BY THE RECIPIENT TO THE STATE OF FLORIDA. (a) If the Recipient brings to the performance of this Agreement a prHxisfing patent or copyright, the Recipient shall retain all rights and entitiements to that pre-existing patent or copyright unless the Agreement provides otherwise. (b) If any discovery or invention arises or is developed in the course of or as a result of work or services performed under this Agreement, or in any way connected herewith, the Recipient shall refer the discovery or invention to the Department for a determination whether patent protection will be sought in the name of the State of Florida. Any and all patent dghts accruing under or in connection with the performance of this Agreement are hereby reserved to the State of Florida. In the event that any books, manuals, films, or other copyrightable material are produced, the Recipient shall notify the Department. Any and all copyrights accruing under or in connection with the performance under this Agreement are hereby transfewed by the Recipient to the State of Florida..' (c) Within thirty (30) days of execution of this Agreement, the Recipient shall disclose all intellectual properties relevant to the performance of this Agreement which he or she knows or should know could give rise to ~ patent or copyright. The Recipient shall retain all rights and entitlements to any pre-existing intellectual property which is so disclosed. Failure to disclose will indicate that no such property exists. The Department shall then, under Paragraph (b), have the right to all patents and copyrights which occur during performance of the Agreement. (20) LEGAL AUTHORIZATION. The Recipient certifies with respect to this Agreement that it possesses the legal authority to receive the funds to be provided under this Agreement and that, if applicable, its governing body has authorized, by resolution or otherwise, the execution and acceptance of this Agreement with all covenants and assurances contained herein. The Recipient also certifies that the undersigned possesses the authority to legally execute and bind Recipient to the terms of this Agreement. (21) ASSURANCES. The Recipient shall comply with any Statement of Assurances incorporated as Attachment D. (22) VENDOR PAYMENTS. Pumuant to Section 215.422, Fla. Stat., the Department shall issue payments to vendors within 40 days after receipt of an acceptable invoice and receipt, inspection, end acceptance of goods and/or services provided in accordance with the terms and conditions of the Agreement. Failure to issue the warrant within 40 days shall result in the Department paying interest at a rate as established pursuant to Section 55.03(1) FIp. Stat. The interest penalty shall be paid within 15 days after issuing the warrant. Vendors experiencing problems obtaining timely payment(s) from a state agency may receive assistance by contacting the Vendor Ombudsman at (850) 488-2924 or by calling the State Comptroller's Hofline at 1-800-848-3792. IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed by their undersigned officials as duly authorized. Recioient: City of Boynton Beach BY: Name and title: Date: FEID~ STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS BY: Name and Title: W. Craig Fugate, Director, Division of Emergency Management Date: 20 EXHIBIT- 1 FEDERAL RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: Federal Program: Federal Emergency Management Agency Catalog of Federal Domestic Assistance Number: 83.548 Amount of Federal Funding: $42,386.00 COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: Only the s~vices described within the attached Agreement and Attachment A are eligible expenditures for the funds awarded. STATE RK$OURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING.'_ Not Applicable MATCHIN~ RESOURCES FOR FEDERAL PROGRAMS: Not Applicable SVBJECT TO SECTION 215.97. FLORIDA STATUTES: Not Applicable COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: Not Applicable NOTE: Section .400(d) of OMB Circular A-t33, es revised, and Section 215.97(5)(a), Florida Statutes, require that the Information about Federal Programs and State Projects Included in Exhibit I be provided to the recipient Attachment A Budget and Scope of Work The Recipient, Boynton Beach, will install Miami-Dade County Approved perforated hurricane barrier system to protect the designated second floor window openings located on the north and west elevations of the City Hall/EOC wing of the subject complex. The project completion work schedule is as follows: Work Schedule Select vendor Up to 3 months Issue Purchase Order 4 months Begin Installation 6 months Installation completed 8 months Request Closeout I month The total amount of time for project completion is 9 months. The Department Contract Manager (DCM) will evaluate requests for cost overruns and submit to the Regional Director written determination of cost overrun eligibility. Cost overruns shall meet Federal regulations set forth in 44 CFR 206.438(b). The National Environmental Policy Act (NEPA) stipulates that additions or amendments to a HMGP subgrantee SOW may have to be reviewed by all State and Federal agertcias participating in the NEPA process. As a reminder, the subgrantee must obtain prior approval from the State, before implementing changes to the approved project Scope of Work (SOW). Per the Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Govamments: · For construction projects, the grantee must 'obtain prior written approval for any budget revision which would result in a need for aclditionel funds' (44 CFR 13(c)); · A change in the scope of work must be approved by FEMA in advance regardless of lhe budget implications; and · The Subgrentee must notify the State as soon as significant developments become known, such as delays or adverse conditions that might raise or delay completion, or favorable conditions allowing lower cost or earlier completion. This Is FEMA project 1359-0012. Fundlna Summm'v: Fedend Share: $40,780.00 (75% of Total Project Cost) Local Share: $13,593.00 (25 % of Total Project Cost) Total Project Cost: $54,373.00 Subgrantoo Adminis .tgattva Allowance up to $1,606.00. 22 7 I~.DERAL EMERGENCY MANAGEMENT AGENCY ~, HMGP.AP-01 '07/31/2003 9:08 AM HAZARD MITIGATION GRANT PROGRAM Project Management Report Disaster FEMA Amendment App ID State Grantee ~," ,tuber Pro~ect Number Number $9 t2-R 3 '12 FL Storewide Subgrantee: Boynlon Beach FIPS Code: 099-07875 Project Title: Boynton Beach Mitlaation Prolect Desctiotlon Amendment Status: ~pproved I Approval St:al:us: ~oproved I Grantee: ~tatewide I Subgrantee: ~/nton Beach J ,.m.: Istete,. '. i IF'.'m ..ach 'J Co. nt~ ¢.,,~.: p ~ Co..t,/C~*: ~ Place Name: Istatawide "1 Place Name: ~loynt0n Beach ] Work Schedule Statua ~ dey~ ¢5 days ~5 day~ ssue Purchase Order 121 si~ue Purchaae Order SO days r-~-i nstallallon completed 120 day~ [2--J nstalla~ campleted 120 dalm t closeout rnon'~l · Total Approved Federal Tolal ,a4)pmved Non-F~lerdl Tolal Approved Net EIIgi~ Share Pement Federal Share Amount Sham Percent Non-Fed Sham Amount ~4.37~! I- 75'00000000~ I ,40.7,q [ 2S.00O0000q I- ~=lJ.9..relt~Z~ Subgrantee Total NlocatJon IFMI$ IFMI$ 8ubmlaalon ES ,~jppcxt ES Amend ProJ Altoc Amount Grantee '~umbe~ Status Date Date FY Req ID Number Fed Sham Admtn Amount Admin Amount Ailoc Amount 2 A 03/28/03 03/28/03 2003 282902 2 L $40'155]L . $83~[ $1.606]~ $42,57e~ 07/31~003 FEDERAL EMERGENCY MANAGEMENT AGENCY HMG~-AP-01 · 9:08 AM HAZARD MITIGATION GRANT PROGRAM Project Management Report OLsaster FEMA Amendment App ID State Grantee 1~' ~er Project Number Number 9 12-R 3 t2 FL Statewlde Suograntee: Boynton Beach FIPS Code: 0~nn.~-07875 Project Title: Boynt°n Beach Action IFMIS IFMIS Submission ES Suppot't ES Amend Suppl Project Obligated Grantee Admln Subgrantee Total Obligated Nr Statue Date Date FY Req IO Number Nr Amt - Fed Share Amount Admin Amount Amount t A 03/31=003 03/31/2003 2003 286903 10 10 [_ $40,15~[ S83i]iL $1,s0~1 $42,596{ To=, I ~0.~ i ' S~3=i[ s',~tl ,,2.~ 6:45 HAZARD MITIGATION GRANTS PROGRAM Obligation Report wi Signatures Disaster FEMA Amendment State Action Supplemental No Project No No Application ID No No State Grantee '~ 12-R 0 12 I 10 FL Statewk~e bu,zgmntee: Boynton Beach Project Title: Boynton Beach Subgmntee FIPS Code:099-07875 Authorizing Official Title Authorization Date Authorizing Official Signature ^uthodzing Official Title Authorization Date Slidine Scale Percenta=e: 'o $100,000 = 3.00% .. ~o $1,000,000 = 2.00% up to $5,000,000.00 = 1.00~ Excess = 0.50% Attachment B Program Statutes and Regulations The parties to this Agreement and the Hazard Mitigation Grant Program (HMGP) are generally govemed by the following statutes and regulations: (1) The Robert T. Stafford Disaster Relief and Emergency Assistance Act; (2) 44 CFR Parts 7. 9, 10, 13, 14. 17, 18, 25, 206, 220, and 221. and any other applicable FEMA policy memoranda and guidance documents; (3) State of Florida Administrative Plan for the Hazard Mitigation Grant Program; (4) Hazard Mitigation Long-term Recovery Guidance; and (5) All applicable laws and regulations delineated in Attachment D of this Agreement 23 Attachment C Lobbying Prohibition/Certification The Recipient cerfif'ws, by its signature to this Agreement, that to ~e best of his or her knowledge and belief: (a) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any pemon for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, I~e making of any Federal loan, the entering into of any cooperative agreement, and the extension,continuation, renewal, amendment or modification of any Federal contract, grant, loan or cooperative agreement. (b) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, 'Disclosure Form to Report Lobbying,' in accordance with its instructions. (c) The undersigned shall require that the language of this certification be included in the award documents for all subawerds at all tiers (including _s_u.bco~. tracts, subgrants, and contracts under grants, loans, an--d conpemtNe agreements) and that all subreciplents shall certify and disclose according . This certification is a material representative of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, 'l"~e 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. RECIPIENT BY: Signature Type Name and Title 24 Attachment D Statement of Assurances To the extent the following provisions apply to the award of assistance in this Agreement, as determined by the awarding agency, the Recipient hereby assures and certif'~s that: '* (a) It possesses legal authority to enter into this agreement, and to execute the proposed program; (b) Its governing body has duly adopted or passed as an official act a resolution, motion or similar action authorizing the. execution of the hazard mitigation agreement with the Department, including all understandings and assurances contained therein, and directing and authorizing the Recipient's chief ADMINISTRATIVE officer or designee to act in connection with the application and to provide such additional information as may be required; (c) No member of or delegate to the Congress of the United States, and no Resident Commissioner, shall be admitted to any share or part of this agreement or to any benefit to arise from the same. No member, officer, or employee of the Recipient or its designees or agents, no member of the governing body of the locality in which the program is situated, and no other public official of such locality or localities who exercises any functions or responsibilities with respect to the program during his tenure or for one year thereafter, shall have any interest direct or indirect, in any contract or sulx~:)ntmct, or the proceeds thereof, for work to be performed in connection with the program__assisted under this agreemenL The Recipient shall incorporate or cause to be incorporated, in all such contracts or subcontracts a provision prohibiting such interes{ p~s~a~t to the purpose state above; (d) All Recipient contracts for which the State Legislature is in any part a funding source, shall contain language to provide for termination with reasonable costs to be paid by the Recipient for eligible contract work completed prior to the data the notice of suspension of funding was received by the Recipient. Any cost incurred after a notice of suspension or termination is received by the Recipient may not be funded with funds provided under this Agreement unless previously approved in writing by the Department. All Recipient contracts shall contain provisions for termination for cause or convenience and shall provide for the method of payment in such event; (e) It will comply with: (1) Contract Work Hours and Safety Standards Act of 1962, 40 U.S.C. 327 et seq., requiring that mechanics and labomm (including watchmen and guards) employed on federally assisted contracts be paid wages of not less than one and one-half times their basic wage rates for all hours worked in excess of forty hours in a work week; (2) Federal Fair Labor Standards Act, 29 U.S.C. Section 201 et seq., requiring that covered employees be paid at least the minimum prescribed wage, and also that they be paid one and one-half times their basic wage rates for all hours worked in excess of the prescribed (f) It will comply wilh: (1) T'~la VI of the Civil Rights Act of 1964 (P.L. 88-352), and the regulations issued pursuant thereto, which provides that no person in the United States shall on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the Recipient receives Federal financial assistance and will immediately take any measures necessary to effectuate this assurance. If any real property or structure thereon is 25 provided or improved with the aid of Federal financial assistance extended to the Recipient, this assurance shall obligate the Recipient, or in the case of any transfer of such property, any transferee, for the pedod dudng which the real property or structure is used for a purpose for which the Federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits; (2) Any prohibition against discrimination on the basis of age under the Age Discrimination Act of 1975, as amended (42 U.S.C.: 6101-6107)which prohibits discrimination on the basis of age or with respect to otherwise qualifiecl handicapped individuals as provided in Section 504 of the Rehabilitation Act of 1973; (3) Executive-Order 11246 as amended by Executive Orders 11375 and 12086, and the regulations issued pursuant thereto, which provide that no person shall be discriminated against on the basis of. race, color, religion, sex or national origin in all phases of employment during the performance of federal or federally assisted construction contracts; affirmative action to insure fair treatment in employment, upgrading, demotion, or transfer;, recruitment or recruitment advertising; layoff/termination, rates of pay or other forms of compensation; and election for training and apprenticeship; (g) The Recipient agrees to comply with the Americans With Disabilities Act (Public aw 101-336, 42 U.S.C. Section 12101 et se~3.), where applicable, which prohibits discrimination by public and private entities on the basis of disability in the areas of employment, public accommodations, transportation, State end local g~..vernrnent services, and in telecommunications; (h) It will establish safeguards to prohibit employees from using positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, partk~larly those with whom they have family, business, or other ties pursuant to Section 112.313 and Section 112.3135, FS: (i) It will comply with the Anti-Kickback Act of 1986, 41 U.S.C. Section 51 which outlaws and prescribes penalties for "kickbacks" of wages in federally financed or assisted construction activities; (j) It will comply with the provisions of 18 USC 594, 598, 600-605 (further known as the Hatch Act) which limits the political activities of employees; (k) It will comply with the flood insurance purchase end olher requirements of the Flood Disaster Protection Act of 1973 as antended, 42 USC 4002-4107, including requirements regarding the purchase of flood insurance in communities where such insurance is available as a condition for the receipt of any Federal financial assistance for construction or acquisition purposes for use in any area having special flood h~,~.~rds. The phrase 'Federal finam~iel assistance' Includes any form of loan, grant, guaranty, insurance payment, rebate, subsidy, disaster assistance loan or grant, or any other form of direct or indirect Federal assistance; (I) It will require every building or facility (other than a privately owned residential structure) designed, constructed, or altered with funds provided under this Agreement to comply with the 'Uniform Federal Accessability Standards,' (AS) which is Appendix A to 41 CFR ~ 101-19.6 for general type buildings .,ind Appendix A to 24 CF~. Part 40 for residential structures. The Recipient will be responsible for conducting inspections to ensure compliance with these specifice~s by (m) It will, in connection with its performance of environmental assessments under the National Environmental Policy Act of 1969, comply with Section 106 of the National Historic Preservation Act of 1966 (U.S.C. 470), Executive Order 11593, 24 CFR Part 800, and the Preservation of 26 , Archaeological and Historical Data Act of 1966 (16 U.S.C. 469a-1, et seq.) by: (1) Consulting with the State Historic Preservation Office to identify properties listed in or eligible for inclusion in the National Register of Historic Places that are subject to adverse effects (sea 36 CFR Section 800.8) by the proposed activity;, and (2) Complying with all requirements established by the State to avoid or mitigate adverse effects upon such properties. (3) Abiding by the terms and conditions of the "Programmatic Agreement Among the Federal Emergency Management Agency, the Florida State Histoflc Preservation Office, the Florida Department of Community Affairs and the Advisory Council on Historic Preservation, (PA)' which addresses roles and responsibilities of Federal and State entities in implementing Section 106 of the National Historic Preservation Act (NHPA), 16 U.S.C. 470f, and implementing regulations in 36 CFR part 800. (4) When any of Recipient's projects funded under this Agreement may affect a historic property, as defined in 36 CFR 800. (2}(e}, the Federal Emergency Management Agency (FEMA) may require Recipient to review the eligible scope of work in consultation with the State Historic Preserva~n Office (SHPO) and suggest methods of repair or construction that will confor~.__~ the recommended approaches set out in the Secretary of Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historfc Buildings 1992 (Standards), the Secretary of the Interior's Guidelines for Archeological Documentation (Guidelines} (48 Federal Register 44734-3]'), or any other applicable Secretary of Interior standards. If FEMA determines that the eligible scope of work will not conform with the Standards, Recipient agrees to participate in COnsultations to develop, and, after execution by all parties, to abide by, a written agreement that establishes mitigation and recondition measures, including but not limited to, impacts to archeological sites, and the salvage, storage, and reuse of any significant architectural features that may otherwise be demolished. (5} Recipient agrees to notify FEMA and the Department if any project funded under this Agreement will involve ground disturbing activities, including, but not limited to: subsurface disturbance; removal of trees; excavation for footings and foundations; and Installation of utilities (such as water, sewer, storm drains, electrical, gas, leach lines and septic tanks) except where these actNit]es are restricted solely to ames previously disturbed by the installation, replacement or maintenance of such utilities. FEMA will request the SHPO's opinion on the potential that archeological properties may be present and be affected by such activities. The SHPO will advise Recipient on any feasible steps to be accomplished to avoid any National Register eligible archeolngical property or will ~nake recommendations for the development of a treatment plan for the recovery of archeological data from the property. If Recipient is unable to avoid the archeological property, develop, in consultation with the SHPO, a treatment plan consistent with the Guidelines and take into account the Advisory Council on Historic Preservation (Council) publication 'Treatment of Archeological Properties'. Recipient shall forward Information regarding the treatment plan to FEMA, the SHPO and the Council for review. If the SHPO and the Council do not object within 15 calendar days of receipt of the 2'7 treatment plan, FEMA may direct Recipient to implement the treatment plan. If either the Council or the SHPO object, Recipient shall not proceed with the project until the objection is resolved. (6) Recipient shall notify the Department and FEMA as soon as practicable: (a) of any changes in the approved scope of work for a National Registei' eligible or listed property;, (b) of all changes to a project that may result in a supplemental DSR or modify an HMGP project for a National Register eligible or listed property;, (c) if it appears that a project funded under this Agreement will affect a previously unidentified property that may be eligible for inclusion in the National Register or affect a known historic; property in an unanticipated manner. Recipient acknowledges that FEMA may require Recipient to stop construction in the vicinity of the discovery of a previously unidentified property that may be eligible for inclusion in the National Register or upon learning that construction may affect a known histodc property in an unanticipated manner. Recipient further acknowledges that FEMA may require Recipient to take all reasonable measures to avoid or minimize harm to such property until FEMA concludes consultation with the SHPO. Recipient also acknowledges that FEMA will require, and Recipient shall comply with, modifications to the project scope of work necessary to implement recommendations to address the project and the properly. (7) Recipient acknowledges that, unless FEMA specifically stipulates otherwise, it shall not receive funding for projects when, with intent to avoid the requirements of the PA or the NHPA, Recipient intentionally and significantly adverSely ~ff-ects a historic property, or having the legal power to prevent it, allowed such significant adverse affect to occur. (n) It will comply with Title IX of the Education Amendments of 1972, as amended (20 U.S.C.: 1681- 1683 and 1685 - 1686) which prohibits discrimination on the basis of sex; (o) It will comply with the Comprehensive AJcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970, (42 U.S.C. 4521-45-94) relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (p) It will comply with 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 290 dd-3 and 290 -..c 3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (q) It will comply with Lead-Based Paint Poison Prevention Act (42 U.S.C.: 4821 et seq.) which prohibits the use of lead based paint in construction of rehabilitation or residential stnjctures; (r) ' It will comply with the Energy Policy end Conservation Act (P.L. 94-163; 42 U.S.C. 6201-6422), and the provisions of the slate Energy Conservation Plan adopted pursuant thereto; (s) It will comply with the Laboratory Animal Welfare Act of 1966, 7 U.S.C. 2131-2159, pertaining to the care, handling, and treatment of warm blooded animals held for research, teaching, or other activities supported by an award of as~islance under-this agreement; (t) It will comply with T~e VIII of the Civil Rights Act of 1968, 42 U.S.C. 2000c and 42 3601-3619, as emended, relating to n~m-discrimination in the sale, rental, or financing of housing, and Title VI of the Civil Rights Act of 1964 (P.L. 88-352), which prohibits discrimination on the basis of race, color or nation origin; (u) It will comply with the Clean Air Act of 1955, as amended, 42 U.S.C. 7401-7642; 28 (v) It will comply with the Clean Water Act of 1977, as amended, 42 U.S.C. 7419-7626; (w) It will comply with the Endangered Species Act of 1973, 16 U.S.C. 1531-1544; (x) It will comply with the Intergovernmental Personnel Act of 1970, 42 U.S.C. 4728-4763; (y) It will assist the awarding agency in assuring compliance with the National Historic Preservation Act of 1966, as amended, 16 U.S.C. 270; (z) It will comply with environmental standards which may be prescribed pursuant to the National Environmental Policy Act of 1969, 42 U.S.C. 4321-4347; (aa) It will assist the awarding agency in assudng compliance with the Preservation of Archeological and Historical Preservation Act of 1966, 16 U.S.C. 469a, et seq; (bb) It will comply with the Rehabilitation Act of 1973, Section 504, 29 U.S.C. 794, regarding non- discrimination; (cc) It will comply with the environmental standards which may be prescribed pursuant to the Safe Drinking Water Act of 1974, 42 U.S.C. 300f-300j, regarding the protection of underground water sources; (dd) It will _c _o~_.n_. ply with the requirements of T'dJes II and III of the Uniform Relocation Assistance and Property Acquisition Policies Act of 1970, 42 U.S.C. 4621-4638, which provide for fair and equitable lrealment of persons displaced or whose property is acquired as a result of Federal or federally assisted programs; (ee) It will comply with the Wild and Scenic Rivers Act of 1968, 16 U.S.C. 1271-1287, related to protecting components or potential components of the national wild and scenic rivers system; (fl) It will comply with the following Executive Orders: EO 11514 (NEPA); EO 11738 (violating facilities); EO 11988 (Floodplain Management); EO 11990 (Wetlands); and EO 12898 (Environmental Justice); (gg) It will comply with the Coastal Barrier Resources Act of 1977, 16 U.S.C. 3510; (hh) It will assure project consistency with the approved State program developed under the Coastal Zone Management Act of 1972, 16 U.S.C. 1451-1464; and (ii) It will comply with the Fish and Wildlife Coordination A~t of 1958; 16 U.S.C. 661-666. (jj) With respect to demolition activities, it will: 1. Create and make available documentation sufficient to demonstrate that the Recipient and ils demelition conlractor have sufficient manpower and equipment to comply with the 2. Return the property to its natural state as though no improvernants had ever been 3. Fumish documentation of all qualified personnel, licenses and all equipment necessary to inspect buildings located in Reciplent's jurisdiction to detect the presence of asbestos and lead in accordance with requirements of the U.S. Environmental Protection Agency, the Florida Depa~u,ent of Environmental Protection and the County Health Department. 29 4. Provide documentation of the inspection results for each structure to indicate: a.. Safety Hazards Present b. Health Hazards Present c. Hazardous Materials Present 5. Provide supervision over contractors or employees employed by Recipient to remove asbestos and lead from demolished or otherwise applicable structures. 6. Leave the demolished site clean, level and free of debris. 7. Notify the Department promptJy of any unusual existing condition which hampers the contractors work. 8. Obtain all required permits. 9. Provide addresses and marked maps for each site where water wells and septic tanks are to be closed along with the number of wells and septic tanks located on each site. Provide documentation of closures. 10. Comply with mandatory standards and policies relating to energy efficiency which are contained in the State energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Public Law 94-163). 11. Comply with all applicable standards, orders, or requirements issued under Section 112 and 306 of the Clean Air Act (42 U.S.C. 1857 (h), Section 508 of the Clean Water Act (33 U.S. 1368), Executive Order 11738, and the U.S. Environmental Protection Agency regulations (40 CFR Part 15 and 61 ). This clause shall be added to any subcontracts. 12. Provide documentation of public notices for demolition activities. 30 Attachment E FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS DIVISION OF EMERGENCY MANAGEMENT Request for Advance or Reimbursement of Hazard Mitigation Grant Program Funds RECIPIENT NAME: City of Boynton Beach ADDRESS: CITY, STATE, ZIP CODE PAYMENT No: DCA Agreement No.' 04HM-?L-10-60-15-013 PI=MA I racKin;t reumaers: Eligible Obligated Obligated Obligated Previous DCA Use Only Amount FEMA State Match Local Match Payments 100% 75% 0% 25% Approved Comments I TOTAL CURRENT REQUEST $ I certify that to the best of my knowledge and belief the above accounts are correct, and that all disbursements were made in accordance with all conditkms of the DCA agreement and payment is due and has not been previously RECIPIENT SIGNATURE NAME AND TITLE DATE: TO BE COMPLETED BY DEPARTMENT OF COMMUNITY AFFAIR8 APPROVED PROJECT TOTAL $ ADMINISTRATIVE COST $ GOVERNOR'S AUTHORIZED REPRESENTATIVE APPROVED FOR PAYMENT DATE 31 FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS DIVISION OF EMERGENCY MANAGEMENT SUMMARY OF DOCUMENTATION IN SUPPORT OF AMOUNT CLAIMED FOR ELIGIBLE DISASTER WORK UNDER THE HAZARD MITIGATION GRANT PROGRAM Applicant City of Boynton Beach Disaster No. 1359 DCA A~reement No. 04HM-?L-10-60-15-01~ HMGP Tmckin~ # 135,(~-0012 Applicant's Date of delivery ~ Apldicanfs Reference No. of articles,- -List Documentation (Applicant's payroll, material out of . Eligible Costs (Warrant, Voucher, completion of applicant's stock, applicant o~med equipment and name of 100% Claim Check, or work or vendor or contractor) by category and line item in the Schedule No.) performance approved project apl3tication and give a brief description of sewic~_ ,= the e __r~J~__ or sewices. TOTAL 32 Attachment F FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS DIVISION OF EMERGENCY MANAGEMENT QUARTERLY REPORT FORM RECIPIENT: City of Boynion Beach Project Number # 1359-0012 PROJECT LOCATION: Shutter DCA ID #: 04HM-?L-10-60-15-013 DISASTER NUMBER: FEMA-DR-1359-FL QUARTER ENDING: Provide amount of advance funds disbursed for period (if applicable) $ Provide reimbursement projections for this project: July-Sep, 2~.._$ Oct-Dec, 2~._$ Jan-Mar, 2~._._$.~ Apr-June, 200__$ July-Sep, 2~.__$.~ Oct-Dec, 200__$ Jan-Mar, 200._$.__ Apr-June, 2~._{ Percentag® of Work-Completed (may be confirmed by state inspectors): % Project Proceeding on Schedule: [ ] Yes [ ] No Describe milestones achieved during this quarter: Provide a schedule for the remainder of work to project completion: Describe problems or circumstances affecting completion date, milestones, scope of work, and cost: Cost Status: [ ] Cost Unchanged [ ] Under Budget [ ] Over Budget Additional Comments/Elabomlion: NOTE: Department of Community Affairs (DCA) staff may perform interim inspections and/or audits at any time. Events may occur between quarterly reports which have significant impact upon your project(s), such as anticipated overruns, changes in scope of work, etc. Please contact DCA as soon as these conditions become known, otherwise you may be found non-compliant with your subgrant award. Name and Phone Number of Person Completing This Form 33 V.-CONSENT AGENDA CITY OF BOYNTON BEA( ITm:M ¢.8, AGENDA ITEM REQUEST FORlvl Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] August 5, 2003 July 14, 2003 (Noon.) [] October 7, 2003 September 15, 2003 (Noon) [] August 19, 2003 August 4, 2003 (Noon) [] October 21, 2003 October 6, 2003 (Noon) [] September 2, 2003 August 18, 2003 (Noon) [] November 5, 2003 October 20, 2003 (Noon) [] September 16, 2003 September 2, 2003 (Noon) [] November 18, 2003 November 3, 2003 (Noon) [] Administrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Amend Resolution No. 00-172, approving the revised Recreation & Parks Department Revenue Policy Manual and Fee Schedule, and provide an effective date. EXPLANATION: The Revenue Policy Manual and fee schedule was updated to reflect the recent merging of the Recreation & Parks Departments, and the fee schedule was amended. PROGRAM IMPACT: The revised fee schedule incorporates the recent fees approved for Tennis Center memberships, revises some of the fee ranges to account for new facilities and allow for future growth, and changes the reference from Recreation Director to Recreation & Parks Director to reflect the recent organizational changes. FISCAL IMPACT: The approval of the revised fee schedule will allow staff the flexibility to increase fees, if necessary, in anticipation of future costs associated with offering programs and service to the public. The proposed fee ranges are in line with fees charged by other municipalities. ALTERNATIVES: Do not approve changes, which will result in outdated manual. ~, ]~4nnxi~nt Head's Signature City Manager's Signature Recreation & Parks Department Name City Attorney / Finance / Human Resources S:~BULLETIN~ORMSXAGENDA ITEM REQUEST FORM.DOC RECREATION & PARKS DEPARTMENT MEMORANDUM NO. 03-88 TO: Kurt Bressner, City Manager VIA: Wilfred Hawkins, Assistant City Manager i I FROM: Wally Majors, Recreation & Parks Director DATE: October 14, 2003 SUBJECT: PAVILION RENTAL FEES Intracoastal Park includes four pavilions that will be available for rent for family or group activities. Two of the pavilions are much larger than the ones we currently have available for rent. Considering the additional size, location (waterfront) and amenities (playground, pit grill, attached restrooms), we are recommending adjusting the rental fees to better reflect these attractive features. Currently, we have two pavilions at Oceanfront Park that that can be reserved; each is 720 square feet. Fees are $25/daily and $50/holiday. The following is a description of the pavilions at Intracoastal Park, and the recommended reservation fee: Pavilion Square Tables Amenities Recommended Rental Fee Footage (including tax) Regular Holidays 1 4,018 Eight 8' attached restrooms $150 $300 water fountain water spigot large pit grill 2 & 3 858 Three 8' water spigot $25 $50 pedestals for private grills 4 1,352 Five 8' water spigot $50 $100 pedestals for private grills For reference, we have researched pavilion reservation fees charged by some local Recreation & Parks Departments: Organization Fees Comments Palm Beach Co. $37.10 - $100 (for standard picnic) $250 if picnic includes band or DJ Can accommodate approx. 5- 150 people Delray Beach $25 for four hours, fees double for all day rental Does not include tax $75 foF two hours/Veterans Park Gazebo Can accommodate approx. 5-100 Greenacres $150 for six hours Does not include tax Can accommodate approx. 75 In summary, Intracoastal Park will be one of our premium facilities. We believe the recommended pavilion reservation fees are reasonable and reflective of the quality of this facility. /wm RESOLUTION NO. R03- A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING A REVISED RECREATION & PARKS DEPARTMENT REVENUE POLICY MANUAL AND FEE SCHEDULE; AND PROVDING AN EFFECTIVE DATE. WHEREAS, the City Commission, by Resolution No. 00-172, approved a revised Recreation & Parks Department Revenue Policy Manual and Fee Schedule; and WHEREAS, the Revenue Policy Manual and fee schedule has been updated to reflect the recent merging of the Recreation & Parks Departments, and the revised fee schedule; and WHEREAS, the City Commission of the City of Boynton Beach, Florida, on recommendation of staff, deems it appropriate to approve a revised Manual and Fee Schedule. 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 confu-med as being true and correct and are hereby made a specific part of this Resolution upon adoption Section 2. The City Commission does hereby approve the revised Recreation & Parks Department Revenue Policy Manual and Fee Schedule, which is attached hereto and made ~ part hereof. Section 3. This Resolution shall take effect immediately upon passage. S:\CA\RESO\Recreation and Parks Amending Fee Schedule 03.doc PASSED AND ADOPTED this __ day of October, 2003. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner ATTEST: City Clerk :\CA\RESO\Recreation and Parks Amending Fee Schedule 03.doc CITY OF BOYNTON BEACH RECREATION & PARKS DEPARTMENT REVENUE POLICY MANUAL & FEE SCHEDULE CONTENTS I. Statement of Philosophy ................................................................... 1 II. Statement of Need ............................................................................ 1 III. Authority and Responsibility .............................................................. 1 IV. Fees and Charges, Goals & Guidelines ............................................ 2 V. Financial Assistance Guidelines ...................................................... 10 VI. Contractual Receipts Guidelines ..................................................... 13 VII. Compulsory Resource: Dedication Ordinance ................................. 14 VIII.Accounting for Ail Revenues ........................................................... 14 IX. Annual Review ................................................................................ 16 X. Fee Schedule .................................................................................. 17 CITY OF BOYNTON BEACH RECREATION & PARKS DEPARTMENT REVENUE POLICY I. STATEMENT OF PHILOSOPHY The basic philosophy of the Boynton Beach Recreation and Parks Department is to offer year- round diversified recreation services, ensuring that all citizens have equal opportunity for participation. However, since the demand upon the Department is greater than the public's ability to appropriate public funds to support that demand, it becomes necessary to charge fees and pursue other supplementary revenues and resources. Fees and charges for parks and recreation services will provide only one source of finance for the Department. They will be thoroughly evaluated prior to their adoption into the fiscal matrix supporting public parks and recreation services, a matrix which includes general fund appropriations, contractual receipts, land dedication, bond issues, grants-in-aid, and special gifts and donations. Fees and charges will supplement these other resources, not replace them nor be used to diminish government's responsibility to provide open space and leisure opportunities. Rather, fees and charges will be viewed as a method to expand and to continue to provide basic services on an equitable basis. The general benefit of services made possible through fees and charges must'exceed any detriment imposed by the fees, and collections must be practical and economical. I1. STATEMENT OF NEED It is the responsibility of the Boynton Beach Recreation and Parks Department to offer a comprehensive recreation program and to provide public park land. Because of heavy demands for new and expanded services and because of the increase in operating expenses, it has become necessary to adopt a sound and consistent policy that will guide the search and generation of supplementary revenues to tax dollars. III. AUTHORITY AND RESPONSIBILITY The revenue policy was formally adopted on September 21, 1993 and amended on December 5, 2000, and October 21, 2003 by the Boynton Beach City Commission and revisions must come before them for approval. The City Commission and City Manager have authorized and charged the Di~Recreation and Parks Director with providing oversight Recreation & Parks Depailment Revenue Policy Manual in the implementation of the policy, and establishing appropriate procedures to administer the policy's goals and guidelines. All fee schedules will be approved by the City Manager upon th6 recommendation of the Director of Rccre3tio,-,Recreat,on & Parks Director. IV. FEES AND CHARGES GOALS AND GUIDELINES A. BASIC SERVICES 1. The City of Boynton Beach will continue to provide basic park and recreation services at no charge in order to protect and conserve natural and historical properties and to promote the physical and mental well-being of its citizens. Examples of basic services include staff supervised therapeutic recreation, recreation center level games and programs, and various youth, adult and senior citizen active and passive recreation activities, both indoors and outdoors. 2. Public funds will be used to acquire, improve and manage all park land whenever possible, charging no fees to Boynton Beach residents for entrance into neighborhood parks, comfort stations, greenway and trails, playgrounds recreation and community centers. However, the Dircctcrs of Recreation and Parks Director may recommend nominal fees as necessary for control of these areas. B. GENERAL GUIDELINES 1. Charging fees is an equitable method of reCovering a portion or all costs of specialized or personal recreational services. 2. Resident and Non-Resident Fees Fees for non-residents will be a minimum of 25% above the fee for residents, with a minimum charge to non-residents of $3.00 above the resident fee for programs and services priced under $12.00. 3. To ensure equitable services and reasonable fees to the public, staff will submit proposed program fee increases in writing for approval by the Directer o~, Page 2 of 26 , Recreation & Parks Department Revenue Policy Manual Re~r~M4e~Recreation & Parks Director. All fees will remain within the Commission approved fee schedule. C. FEE CLASSIFICATION Fees charged for programs, facilities and services provided shall be classified as: 1. rental fees 2. special service fees 3. permit fees 4. admission, entrance and parking fees 5. user fees 6. sales 1. RENTAL FEES will be charged for the privilege of exclusively using tangible public property or building structures without consuming or injuring them in any way. Examples include booth rentals, facility room rentals, picnic shelters and other park facilities. 2. SPECIAL SERVICE FEES will be charged for supplying extraordinary articles, commodities, activities, materials, or services as an accommodation to the public which are not provided as part of the Department's basic, free public services. Examples include keys, field preparation, lights, staff, custodial and processing fees. 3. PERMIT FEES will be charged for permission or written authorization for a specified lawful action or use of a facility. Examples include sports leagues, tournaments, special event permit fees in accordance with Article I, Section 13- 20 of the Code of Ordinances as detailed in the Special Event Handbook, and vending and exhibitor fees for certain special events. 4. ADMISSION, PARKING, AND ENTRANCE FEES may be charged to enter a building or structure. These facilities usually offer an exhibit, show, performance, concert, ceremony or demonstration. Examples include attending special performances or events which require high cost talent, specialists, technicians, Page 3 of 26 Recreation & Parts Depa/tment Revenue Policy Manual equipment, extra supervisory and maintenance personnel, or where the net revenue generated is used to offset the program or facility costs. Parking fees may be charged at designated parks for daily, weekend and holidays to control overcrowding and subsequent damage to greenways and roadways, to minimize vandalism, provide additional patron safety, or to offset a portion of park operational costs. 5. USER FEES may be charged for the use of a high cost facility or participation in an activity. The patron usually enjoys the privilege of use with others. Examples include instructional classes, trips, tours, camps, sports clinics, workshops, launch ramp/marina fees, administrative, publicity and promotion fees. 6. SALES -- Unconditional ownership of merchandise which passes from the Department to the user will be sold to the user. Examples include arts and crafts supplies, merchandise related to programs and services offered, and departmental tabloid, bulletin, newsletter or program advertising space. D. DIFFERENTIAL FEES In addition to fees differentiated according to residency, fees for programs, services and facilities may be differentiated according to the financial objectives of the following organizations: Commercial/Profit Fundraising Non-profit Private/Family Schools Religious Fee Exempt Examples include facility rentals for private/commercial gain, non-profit group meetings establish the fee for the above organizations based upon the fee schedule. Page 4 of 26 Recreation & Parks Department Revenue Policy Manual E. RECOVERING PARTIAL COSTS 1. The public will be charged user fees, special service fees, sales fees, or rental fees for special services and special facilities based on the exact costs associated with the "extra" service, or based upon a specified percentage of all direct costs when the exact costs cannot be figured. 2. Fees will recover the exact costs or a percentage of direct costs for special services and facilities when: a) The cost per user hour of the service is high; b) The activity uses consumable material; c) The service requires a facility with high capital, operating or maintenance costs; d) The activity requires special preparation or clean-up; e) The activity requires special instruction at extra cost; f) The service is extended beyond the normal operation. 3. Special services include, but are not limited to, organized adult athletics, instructional youth and adult programs, tournaments and youth and adult out-of- town trips and tours. 4. Special facilities include, but are not limited to, one time room rentals, lighted ball fields and tennis courts, pools and picnic shelters. Exact rates will be set each year and published in the Fee Schedule. F. RECOVERING DIRECT COSTS 1. Direct operation costs will include all transportation, lodging, full-time and part- time personnel necessary to conduct the program, rental of facilities, purchase of equipment and supplies, and utility costs directly related to the program. Page 5 of 26 Recreation & Parks Depaitment Revenue Policy Manual 2. Programs that will recover direct costs may include, but are not limited to, after school programs, instructional classes, out-of-town trips and tours and organizec sports. 3. The established fee for co-sponsored fund-raising programs with other public agencies or volunteer organizations shall cover the Department's contribution to the direct costs of offering the activity and facility. 4. When not in use for Department-sponsored and co-sponsored activities, designated areas, facilities, and equipment may be rented by organizations and the general public. Rentals will be computed to recover all direct costs. 5. Equipment rental rates will be based on original cost and depreciable life. G. RECOVERING ALL COSTS PLUS SURPLUS Upon approval by the Director of Recrcatio,qRecreation & Parks Director, public property may be used by closed membership groups and proprietary or commercial groups who want to use public property for financial gain or profit. The fee charged for use of the public park land and facilities will be comparable to the prevailing commercial rates, or must recover all costs to the Department, whichever is greater. An additional fee for the privilege of conducting business on public property will be charged. 1. Commercial or promotional activities on park land will be permitted only when they are clearly not in conflict with ongoing Department-sponsored programs, or if the program can be conducted without any restriction of public use for a reasonable period of time. 2. Commercial or promotional activities in parks and facilities will be authorized only if they provide a public service and meet a legitimate public need. Page 6 of 26 Recreation & Parks Department Revenue Policy Manual 3. Commercial or promotional use of public facilities including use of public names of structures will not be authorized if such use constitutes an expressed or implied City endorsement of commercial products, services or activities. 4. Sponsors of profit-making, commercial activities conducted on park property are required to show evidence of comprehensive general liability insurance sufficient to protect themselves from any potential incidents, an amount of coverage which meets City requirements as approved by the Risk Manager. 5. The sponsors of profit-making, commercial activities conducted on City recreation and park property must pay the City a minimum of twenty-five percent (25%) of the gross receipts in addition to the prevailing rental rate. a) Within thirty (30) days after a commercial or promotional activity, an itemized list of all income associated with such an event must be transmitted to the Diroctor of Rocro3t!o,qRecreation & Parks Director or his designee, together with twenty-five percent (25%) of the gross income. b) A deposit may be required by the Director in advance of the event. 6. Charitable, non-profit, community-serving organizations that conduct an event on City recreation and park property for the purpose of raising funds, not sponsored by the Department, may pay a facility rental fee, maintenance fee, or a percentage of their gross receipts, as determined by the ~ ~Recreation & Parks Director. 7. Charitable sponsors of profit-making activities conducted on City recreation and park property are required to show evidence of comprehensive general liability insurance sufficient to protect themselves from any potential incident, an amount which meets City requirements as approved by the Risk Manager. Page 7 of 26 Recreation & Packs Department Revenu~ Policy Manual H. REVENUE PRODUCING FACILITIES Revenue producing facilities may be developed in parks to supplement General Fund revenues and to provide Boynton Beach residents additional recreational opportunities. The number and type of these kinds of facilities will be determined based on need. The service itself must be the FIRST priority. Thus, revenue producing facilities will be considered a basic resource of the recreation and park system, and will be constructed with public funds. Depending on the nature of the service they provide, they may be operated and maintained from user fee revenues. Where user fee revenues do not have the potential to maintain the facility to a high standard of service, General Fund monies will be used to assure continuation of the service to the public. 1. General Fund appropriations will be requested to support the operation of all Park & Recreation facilities. While these facilities may be capable of generating sufficient revenues to offset their operational costs, the General Fund appropriations will provide an adequate cash flow during fluctuations of revenue due to weather, seasonal changes and varied participation by the public. 2. Fees collected from revenue producing programs or facilities may be deposited in a Trust Fund or Enterprise Fund to improve or expand the recreational services of these facilities for the users. Thus, those who use the program or facility pay directly for the operation. The guidelines governing the Enterprise Fund are stated in this policy under Section VIII, Accounting for all Revenues. 3. When public funds are not available for construction of special facilities due to other priorities of the department and the City, funding for development may be sought and provided through public/private contractual agreements. 4. In situations where the financial constraints of government cannot ensure the maintenance of the high standard of service desired by the public, the services may be operated through contractual agreements with the private sector. Page 8 of 26 Recreation & Parks Department Revenue Policy Manual I. DIFFERENTIAL FEES: SPECIAL SITUATIONS AND GROUPS 1. It shall be general policy to develop reciprocal use agreements with the Palm Beach County School 9o~rd District allowing joint use of facilities at no charge to either party unless uses require special needs which require high costs to the school or City. 2. Special interest groups shall be granted no special consideration in the form of reduced rates or free services, with the exception of those groups affiliated with the Department. Special interest groups may include, but are not limited to, religious and political organizations, commercial businesses or clubs and organizations. 3. MayMany out-of-town residents use Boynton Beach recreation services but make no direct tax contributions to help support these services. It is not equitable for these citizens to enjoy the facility or service while this jurisdiction's residents are taxed for its maintenance and operation. Therefore, it is reasonable to incorporate into the fee and charge policy different Non-resident and Resident fees. Thus, visitors and residents together will help maintain the facility and provide funds for continued expansion and proper staffing. J. WAIVERS Official City-sponsored or affiliated programs and events shall be fee exempt. The Rccr93t!c.q n:,,,,.+,.,, · ........ Recreabon & Parks Director or his designee shall make such determination. On some occasion, fees and charges may be reduced when such action is determined by the D!rgctcr cf Rgcr93t!onRecreation & Parks Director or his designee to be in the best interest of Boynton Beach or the specific program. A written request for waiver of fees must be submitted through the D!r~ctcr cf R~cr~3tio,qRecreation & Parks Director, and approved by the City Commission. Page 9 of 26 Recreation & Pa~ks Dep~rtment Revenue Policy Manual K. REFUNDS 1. Procedures for refunding fees will be determined program by program based upon the participant's prorated share of costs already invested and committed into the program, including administrative services. 2. All requests for refunds must be made in writing to the Diceete¢-~¢ Reer. eat4e~Recreation & Parks Director-or his designee and any special circumstances will be determined by the Director or his designee. Full refunds for instructional classes will be granted when the class is canceled due to insufficient class registration. 3. In lieu of a refund, the Department will encourage the participant to accept a program credit. The credit may be applied toward the cost of any future recreation program registration. No administrative service charges will be deducted when a credit is accepted by the participant. V. FINANCIAL ASSISTANCE GUIDELINES Boynton Beach Recreation and Parks Department may accept grants, gifts, service-in-kind, bequests or donations to the City for the purpose of park land acquisition, planning, development, maintenance, operations and administration of recreation and park facilities and programs. The City Commission authorizes on behalf of the City, the Dirgctcr of Rec=,reatieRRecreation & Parks Director to accept non-governmental grants, service-in-kind, and gifts, donations or bequests of cash or personal property valued at $5,000 or less, provided the solicitation, acceptance and use of these revenues and/or gifts are consistent with State Laws and Local Ordinances and are in the best interest of present and future Boynton Beach residents. Gifts, grants, service-in-kind, donations, or bequests valued at more than $5,000 must have City Commission approval. All monetary gifts or donations to the City for Recreation and Parks purposes, shall be paid into the Recreational and Parks fund as established by Section 16-6 of the City Code of Ordinances. Any gift or bequest of real estate and all government grants may be accepted only on approval of the City Commission. All gift'. bequests, and donations of personal property or real estate and all grants shall be held, used Page 10 of 26 Recreation & Parks Department Revenue Policy Manual or disposed in accordance with the terms and conditions under which the gift, bequest, donation, or grant is made and accepted in accordance with State Law and local ordinances. The Director, City Manager or Commission may reject any gift, bequest or service-in-kind for just cause. 1. GRANTS a) Any permanent employee of the Department is encouraged to investigate the possibilities of securing a grant for Department facilities and programs. Researching and investigating grants will be consistent with Department and City policy. b) The Director will act as the clearing house and give approval for all grants. Non-governmental grant applications for amounts over $5,000 will be approved by the City Commission. c) All federal, regional, state and county grant applications of any amount will be approved by the Director, City Manager and Commission. 2. GIFTS, DONATIONS AND BEQUESTS a) The Director may accept service-in-kind from individuals or private or corporate organizations for the benefit of a specific facility or program or for the administration of all recreation services. b) Any permanent employee of the Department may personally pursue gifts, donations, bequests or service-in-kind on behalf of the Department as long as the amount of a single donation does not exceed $4,999. c) Gifts, donations and bequests over $4,999 in value will be pursued only upon approval of the Director. Page 11 of 26 Recreation & PaCks Department Revenue Policy Manual 3. FUNDRAISING EVENTS a) Upon authorization by the Director, fundraising events, solicitations, sales or benefits may be conducted on behalf of the Department or as part of a Department-sponsored program (such as, but not limited to, ~ Holiday Parade) by organized and recognized community groups. Such recognized groups include, but are not limited to, civic associations, home owners associations, scout organizations, P.T.A.'s, tho Teen Council and adult advisory committees or councils. Such fundraising events shall be established by written agreement among all parties. b) Funds collected in this manner remain the property of the organizations overseeing the collection until they officially give the cash or check to the Director of Recr=ct!enRecreation & Parks Director or his designee. c) The Department and its employees are not responsible in any manner for these funds. However, organizations receiving or handling funds during Department-sponsored programs must follow the prescribed rules of the City for providing accountability of all funds to the general public. Organizations will keep all funds in a checking account in the name of the organizations. All records, bank statements, canceled checks, blank checks and receipts, invoices and authorizations must be available for review by the Department. d) The Department may require or request expenditure of funds belonging to recognized groups, such as Black Awareness Committee, and shall concern itself with the proper management of these accounts and assure that the handling of funds is carried out to the degree of accountability required of government by the public. Page 12 of 26 Recreation & Parks Department Revenue Policy Manual VI. CONTRACTUAL RECEIPTS GUIDELINES A. LEASES Upon approval of the City Commission, the Department may lease park land for a specific time as negotiated. The process of leasing land will be open to all responsible individuals and corporations, and contracts will be awarded according to the State's open binding procedures, following announcements published in all area newspapers. The City Commission must approve all lease agreements. Contracts will be awarded based on specific criteria, including but not limited to: 1. Evidence of financial responsibility and intent to use the land for designated purposes, 2. Revenues and/or rents generated for the City, and 3. Environmental Impact Plan which includes statements on the use of chemicals, protection of soils and water quality, and how the prospective lessee plans to restore the land back to its state prior to lease. B. CONCESSIONS 1. The Boynton Beach Recreation and Parks Department is authorized upon approval of the City Commission to sell products such as supplies, food or souvenirs, or services such as coin-lockers or rental equipment at Recreation and Park facilities for the purpose of providing a service to recreation and park patrons. 2. For the priVilege of selling products or services on public park land, the City will receive monthly rent and/or a percentage of the gross revenues generated from the concession operation. Rent and percentages will be established on a contract by contract basis. Page 13 of 26 Recreation & Parl~s Department Revenue' Policy Manual 3. The process of awarding contracts will follow the State's open bidding procedures following announcements published in area newspapers. Thc Director is authorized to solicit bids from reputable concessionaires according to Purchasing Agent requirements. 4. Criteria for awarding contracts include, but are not limited to, the following: a) Proof of financial solvency and history of quality performance in providing the product or service in question, b) Percentage of gross revenues generated for the City, and c) Specific conditions and terms in the contract which ensures that the public receives the best service possible and the Department maintains as much control over the concession operation as possible. VII. COMPULSORY RESOURCE: DEDICATION ORDINANCE In order to accommodate for orderly growth and development and the influx of new residents and to maintain the quality environment which makes Boynton Beach a desirable community in which to live, and in order to place an equitable share of the cost of providing new park land on all new inhabitants, Boynton Beach City Commission authorizes the Department of Planning and the Department of Recreation & Parks to review each subdivision plat for consideration of mandatory dedication of land or fees in lieu of land for park, recreation and open space purposes pursuant to the City subdivision codes. Control, record keeping, expenditures and accountability of all revenues and property will follow State Statutes and Local Ordinances. VIII. ACCOUNTING FOR ALL REVENUES Boynton Beach Recreation and Parks Department will be collecting fees and charges, gifts of land or personal and grant revenues as a result of this policy. The collection, control, record keeping, expenditures and accountability of all revenues and property will follow State Statutes, Local Ordinances, and Finance Department Accounting and Auditing Procedures and Policies. Page 14 of 26 Recreation & Parks Department Revenue Policy Manual A. PARKS AND RECREATION TRUST FUNDS In order to enable the Department to plan, organize and conduct activities and events totally funded through appropriate funds, trust funds shall be established for special programs ....~' "° G A L A 1. All monies will be deposited in the City Treasury, in accordance with Finance Department policies and credited to the trust fund account number. 2. The Finance Department shall be responsible for maintaining official revenue and expenditure records as required. All transactions (deposits and expenditures) shall be in accordance with normal Finance Department procedures, including (a) purchasing, (b) personnel and (c) accounting. 3. Expenditures may be charged against the trust fund account; however, expenditures may not exceed revenues as of September 30 of each fiscal year. Moines as of September 30 of each fiscal year shall be encumbered and carried over to the following fiscal year for planned programs. 4. The trust fund shall be maintained by the Finance Department on a revenue and expenditure basis; however, the Department will maintain detailed, separate ledgers for each activity or event in order to provide day-to-day control of income and expenditures for each program. B. ENTERPRISE FUND When appropriate, enterprise funds shall be established to provide greater flexibility in the management of revenue-producing facilities and programs. These funds are governed by the following policy: 1. Revenues collected from the recreation and park enterprise facilities shall be deposited in a fund separate from the General Fund. Revenues collected will be used to conduct the revenue-producing program/facility or improve the recreation Page 15 of 26 Recreation & Par,'.ks Department Revenue Policy Manual services to the user. A percentage of the revenue generated over the cost to conduct the program shall be paid to the General Fund Revenue Account. 2. A profit and loss statement will be forwarded at the request of the Director each month, along with other pertinent recordS and audits required by Finance Department policies. 3. The Finance Department will assign object codes and maintain official records as required by law. The Recreation and Parks Department will maintain detailed and separate account ledgers for each facility and facility program activity in order to provide day-to-day control of revenues and expenditures. 4. The Boynton Beach City Commission, upon recommendation of the City Manager, Finance Director and Recreation DirectorRecreation & Parks Director, may appropriate general funds twice a year into the enterprise fund with the stipulation that every effort will be made to repay the general fund appropriated "loan" from the enterprise fund revenues within six (6) months. 5. The costs of operating the revenue producing facilities and programs will be charged against the Enterprise Fund(s). Unspent monies left in the fund as of September 30 will be carried forward to the next fiscal year. IX. ANNUAL REVIEW The Department of Recreation and Parks shall review annually this revenue policy and ail fee schedules to ensure equitable services and reasonable fees to the public. The fees must be easily collected and the cost of collection should not consume more than half of the receipts unless the purpose of fee collection is to control usage. A written report will be presented by the Director cf Rccr~ct!c,qRecreation & Parks Director upon request of the City Manager. Page 16 of 26 Recreation & Parks Department Revenue Policy Manual FEE SCHEDULE Fee Classification Fee Range Date Commission Approved RENTAL/RESERVATION FEES: FACILITIES & PAVILIONS Rental/Reservation Deposits $50 - $ ! 00250 -10/9~10/03 Art & Activity Center $25-$80/hr 12/00 Boat Club $15 - $20/hr 10/91 Civic Center $25 - $100/hr 10/91 Hester Community Center $25-$150/hr 10/91 Madsen Senior Center $15 - $25/hr 10/91 Senior Center $25 - $80/hr 12/00 Wilson Center $15 - $25/hr 10/91 Wilson Pool $50/hr. plus lifeguard 10/91 Picnic Pavilion $25-$150/day plus -10/9-1-10/03 deposit $50-$300/day holiday plus deposit Athletic Fields $5 - $25/2 hr practice 12/00 RENTAL FEES: EQUIPMENT Rental Deposits $20 - $100 10/91 Piano $10 per event plus 10/91 tuning (approximately $60) SPECIAL SERVICE FEES Keys (lost keys/replacement) $20 - $40 10/91 Field Preparation $40 - $50 field 10/91 Lights $3 - $8/hr 10/91 Special Event Consultant Fee $50/hr 10/91 Custodial Fee $30 - $120/day 10/91 Staffing Fees $2-925/hr !2/0010/03 PERMIT FEES Athletic Teams/Tournaments $50 - $150 per field or 12/00 outdoor court rental/day $40 - $50/field preparation $30 - $120/custodial fee Page 17 of 26 Recreation & Parks Department Revenue Policy Manual dpecial Event Vending/Exhibitors $25 - $1,500/space 12/00 (G A L .~. m kl T P .... et~.Oceanfront Concerts, health fairs, etc..) ENTRANCE, PARKING & ADMISSIONS Beach Parking Established by Article II, Section 16-82 of the Code of Ordinances Boat Club Park Launch Fees Established by Article II, Section 16-61 of the Code of Ordinances Special Program Workshop, $3 - $50/person 09193 Concert Admission or General Admission: (e.g. holiday craft workshop, youth Halloween programs, theater performances, dances, etc.) Tennis Center Daily Fees Adult (har-tru) SZ6/person/1.5 hours -1-g/9¢09/03 Adult (composition) $32/person/1.5 hours -~/9~09/03 Junior (17 & under) $2_-t/person/1.5 hours ~09/03 Light Fee $54/1.5 hours 1~2-09/03 USER FEES Non-Resident Fee Resident Fee Date Commission Approved Youth Sports $13 - $100 $10 - $80 09/93 (ex: Flag Football, Soccer, Cheerleading, Gymnastics, Twirling, Tumbling) Adult .Sports& Leagues $20 - $625 $16 - $500 12/00 (ex: Softball, Volleyball, Senior Men's Softball, Basketball, Tennis) Fitness & Dance $15 - $125 $12 - $100 12/00 (ex. Aerobics, Ballet, Yoga, Tai Chi) Arts & Crafts $23 - $100125 $18 - $80100 O9/9810/03 ,ex: Tot Recreation, Kids Crafts, Painting, Calligraphy, Watercolor, Clay, Quilting, etc.) Page 18 of 26 Recreation & Parks Department Revenue Policy Manual · ~dult Special Class/Workshop/one time $7 - $32 $4 - $25 12/00 v,,,,,~ Camps & o, ......... ,~o ¢~o~ $380 ~ 09/9310/03 (includes field trip fees; 1, 4 or 8 week $113-$625 $90-$500 spring break, summer and holiday camps) Non-Resident Fee Resident Fee Date Commission Approved ,~er School Afternoon Recreation $62 - $156 $50 - $125 12/00 Programs (monthly) Self Improvement/Community Interest $18- $94 $15- $75 12/00 Classes (ex: language, music lessons, computer classes) Tennis Center Permits Adult/Individual $369430 $200240 Q94~09/03 Family $500600 $300360 09/0209/03 Junior (17 & under) $ 55 $ 25 09~93 *Trips/Tours/Travel $ vades (actual cost of trip + 15% administrative and promotion charge = TRIP FEE) *Same fee for all participants since Boynton Beach facilities are not being used. **Programs at Caloosa Park - no fee differential since Boynton Beach facilities are not being used. ***Fees charged for grant-funded programs may fall below the fee ranges listed above. Page 19 of 26 ~m ~<~°° ~°° ~°°° ~~°° ~°°° ~°°° ~°~ ~°° oo o ~§ =z O~ C O0 O0 000 000 O0 000 000 O0 O0 O0 0 ~ ~ > > ~ ~ > > ~ ~o°° O0 ~0 ~00 000 O0 000 000 O~ ~ ~ ~ ~ oo W z ~ ~o ~o ~ ~~ ~o o~ ~ ~o o~ c z ~ ~o ~oo ooo oo ooo ooo o~ __ ~o o ~ z ~ ~o o~o omo ~ ~~o ....... ooo om ~ ~o ~ m ~ -- O0 O0 ~00 000 ~0 000 ~0 O~ ~0 ~ ~ ~ ~ oo , ~z ~ ~ ~> > ~ ~ == ~o 0 o ~o ~ ooo ~oo~ ~o ~i ~ .... ~ ~ ~ ~0 O~ ~ ~0 0 ~ o oo oo ooo ~ ~ ...... ~ ~ 0 000 ~0 O~ ~ ~ 0 0 ~ ~ m 0 '-- ~ ~ ';_= ~ o° ~ ~!~ Oo ~ ~ o~ ~ ~.~.~:~-= ~ ~ i'-: · ~ ~ ~~= .- - .... ~ ~ o .~ V.-CONSENT AGENDA ITEM E.1 CITY OF BOYNTON BEAC AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] August 5, 2003 July 14, 2003 (Noon.) [] October 7, 2003 September 15, 2003 (Noon) [] August 19, 2003 August 4, 2003 (Noon) [] October 21, 2003 October 6, 2003 (Noon) [] September 2, 2003 August 18, 2003 (Noon) [] November 5, 2003 October 20, 2003 (Noon) [] September 16, 2003 September 2, 2003 (Noon) [] November 18, 2003 November 3, 2003 (Noon) [] Administrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation .~ [] Consent Agenda [] Public Hearing ~ ..~, [] Code compliance/Legal Settlements [] Unfinished Business .,...:_ RECOMMENDATION: Please place this request on the October 2 l, 2003 City Commission Agenda under Consent Agenda. The Community Redevelopment Agency Board with a 4 to 2 vote, recommended that the subject request be approved. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 03-230. EXPLANATION: PROJECT: Gateway Texaco (ZNCV 03-010, 03-011 and 03-012) AGENT: Beril Kruger, Planning & Zoning Consultants OWNER: SUAU Enterprises LOCATION: 2360 North Federal Highway DESCRIPTION: Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 11, Supplemental Regulations L.3.d. (1) requiring parking lot driveways to be located 120 feet from the intersection of the right-of-way lines along streets of higher classification to allow a 97-foot variance, resulting in a distance of 23 feet, and to allow a 88-foot variance for a second driveway, resulting in a distance of 32 feet from the intersection of Federal Highway and Las Palmas Avenue for an existing gas station business; and Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 11, Supplemental Regulations L.3.d. (3) requiring that driveways shall not be located less than thirty (30) feet from any interior property line to allow a 10-foot variance, resulting in a distance of 20 feet for an existing gas station business; and Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 11, Supplemental Regulations, L.3.d. (4) requiring that driveways will be limited to one (1) per street frontage to allow two (2) driveways along the street frontage for an existing gas station business. S:'~BULLETIN~ORMS~GENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Page 2 Agenda Request Item Gateway Texaco (ZNCV 03-010, 03-011, and 03-012 PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES:~ N/A ~~L~/~ Development'Del~a~tr~e~t~l~'~c~or - City Manager's Signature Planning and Zomng/~-i~ector City Attorney / Finance / Human Resources S:LPlanning~SHARED\WP~PROJECTS\Gateway Texaco~Z~NCV 03-010-03-017,23,24~Agenda Item Request Gateway Texaco ZNCV 03-10,03-011,03-012 0-21-03 .dot S:~BULLETIN~ORMS~GENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 03-230 STAFF REPORT TO: Chairman and Members Community Redevelopment Agency and City Commission THRU: Michael W. Rumpf Director of Planning and Zoning FROM: Maxime Ducoste Planner DATE: September 29, 2003 PROJECT NAME/NO: Gateway Texaco Variances Ddveway variances ZNCV 03-010, 03-011 and 03-O12 REQUEST: Relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 11, Supplemental Regulations L.3.d. (1) requiring parking lot driveways to be located 120 feet from the intersection of the right- of-way lines along streets of higher classification to allow a 97-foot variance, resulting in a distance of 23 feet, and to allow a 88-foot vadance for a second driveway, resulting in a distance of 32 feet from the intersection of Federal Highway and Las Palmas Avenue for an existing gasoline dispensing establishment; Relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 11, Supplemental Regulations L.3.d. (3) requiring that'driveways shall not be located less than thirty (30) feet from any interior property line to allow a 10-foot variance, resulting in a distance of 20 feet for an existing gasoline dispensing establishment; Relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 11, Supplemental Regulations L.3.d. (4) requiring that driveways will be limited to one (1) per street frontage to allow two (2) driveways along the street frontage for'an existing gasoline dispensing establishment. PROJECT DESCRIPTION Property Owner: SUAU Enterprises Applicant/Agent: Mr. Beril Kruger of Beril Kruger Planning & Consultants Location: 2360 N. Federal Highway Boynton Beach, FL Existing Land Use/Zoning: Community Commercial (C-3)/Local Retail Commercial (LRC) Proposed Land Use/Zoning: No change proposed Proposed Use: 681 square foot addition to gasoline dispensing establishment (limited to a maximum of 600 square feet by Condition of Approval for appeal - ADAP Staff Report Driveway variances ZNCV 03-010, 03-O11 and 03-012 Memorandum No PZ-03-230 Page 2 02-001 ). Acreage: 0.48 Acre (20,830 square feet) Adjacent Uses: (see Exhibit "A"- Location Map) North: Multi-family residential property, zoned Community Commercial (C-3); South: Right-of-way for Las Palmas Avenue, and farther south are single-family attached townhouses under construction (The Harbors), zoned Infill Planned Unit Development (IPUD); East: Vacant commercial lot zoned Community Commercial (C-3) currently under review for a proposed car wash, and farther east is a single-family residential dwelling (part of Las Palmas development), zoned Single-family residential, (R-I-AA); and West: Rights-of-way of U.S. 1 and the Flodda East Coast Railroad, and farther west developed commercial property classified Local Retail Commercial (LRC) and zoned Neighborhood Commercial (C-2). BACKGROUND Mr. Bedl Kruger of Bedl Kruger Planning & Zoning Consultants, agent for SUAU Enterprises Incorporated, is requesting conditional use / major site plan modification approval to construct a 681 square foot addition to an existing gasoline dispensing establishment. In addition, the applicant is proposing new parking spaces, a new access ddve that would lead to the property directly to the east, and a general "make-over" of the exterior facades of the gasoline station building and canopy. The number of gasoline pump islands and fueling positions would remain unaltered. The proposed 681 square foot addition to the gas station is considered as a conditional use in the C-3 zoning district. Also, the gas-station is a legal non-conforming use because it does not comply with Chapter 2, Section 11 .L.3.a.(2) due to the fact that gas stations may only be located at intersections "consisting of roads of four (4) lanes or wider". Earlier last year, Mr. Bedl Kruger, acting on behalf of Mr. Zuhair Marouf, expressed a desire to construct a building addition to the existing gas station, in part, to satisfy outstanding code enforcement violations. He also proposed direct access between the subject lot and the lot directly to the east (which was earmarked for a mechanical car wash) in order to minimize vehicular traffic onto Las Palmas Avenue. These inquiries were based on the presumption that the proposed addition would be allowed and that direct access would only require site plan review. However, after careful consideration, staff determined that the addition would not be permitted because it would represent an unlawful expansion of a non-conforming (a gasoline-dispensing establishment). To answer Mr. Kruger's inquiries, on July 16, 2002, the Director of Planning & Zoning issued an administrative determination letter that basically prohibited the applicant from increasing the size of the gas- station building because doing it would constitute a violation of Chapter 2, Sections D and G of the Land Development Regulations. Regarding the direct access between lots, the Director determined that the proposed ddveway connection between the subject lot and the lot directly to the east could be permitted. However, the direct access would only be allowed contingent upon the recordation of a legally binding cross- access agreement. On July 31, 2002, Mr. Kruger addressed a letter requesting a formal appeal of the aforementioned administrative determination. According to the staff report, "in summary, the appeal justifies the proposed Staff Report Ddveway variances ZNCV 03-010, 03-011 and 03-012 Memorandum No PZ-03-230 Page 3 expansion by the position that retail sales at this business is a separate component from the non-conforming aspect-gasoline sales, which component can therefore be altered / expanded independent of the gasoline sales element of the business. Staff disagreed with the applicant's position. The City Commission approved the appeal with the condition that the expansion would be limited to 600 square feet. Therefore, this major site plan modification and accompanying vadance requests represent the applicant's continuing effort to construct a building addition and mechanical car wash on the abutting property (see Exhibit "B" - Site Plan and Survey). If approved, the construction of the addition, parking lot, and fagade improvements would occur in one (1) phase. As part of the major site plan modification process, the site has to meet all the requirements of the Land Development Regulations or obtain relief if necessary. The subject property, Gateway Texaco, owned by SUAU Enterprises is located at 2360 N. Federal Highway. The agent, Bedl Kruger is requesting relief from the above-referenced Land Development Regulations, which requires that parking lot driveways be constructed at least one hundred twenty (120) feet from streets of higher classifications. The existing gas station business includes two (2), existing ddveway entrances measuring 30 feet wide providing ingress and egress along North Federal Highway and one (1) existing ddveway entrance measuring 30 feet wide along Las Palmas Avenue. The southernmost entrance driveway on North Federal Highway is located approximately 23 feet from Las Palmas Avenue, while the second ddveway is located 103 feet from Las Palmas and 20 feet from the intedor property line (north property line). The existing ddveway is located on a major artedal (Federal Highway), therefore, the 120 foot separation from the intersection and intedor property line is required. As indicated on the site plan associated with the proposed addition, the applicant is proposing to construct a 681 square foot addition located at the rear (east side) of the existing gas station building along the east property line (see Exhibit "B" - Proposed Site Plan). The subject parcel is approximately 0.48 acres in size with approximately 153 feet of frontage along North Federal Highway, and 136 feet of frontage along Las Palmas Avenue (see Exhibit "B" - Survey). The special lot conditions that exist are the short frontage distance along the North Federal Highway right-of-way and, that the driveways are existing and necessary for fueling tanker circulation. As such, limiting the site to one driveway access point on North Federal Highway, at the minimum ddveway separation of 120 feet, which meets site circulation needs is not feasible. If such redesign could meet this standard and operational needs, it is likely that other deficiencies, and the need for other variances would be generated. ANALYSIS The code states that the zoning code vadance cannot be approved unless the board finds the following: a. 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 conditioos and circumstances do not result from the actions of the applicant. c. 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. d. 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. e. That the variance granted is the minimum variance that will make possible the reasonable use of the land, building, or structure. Staff Report Driveway variances ZNCV 03-010, 03-011 and 03-012 Memorandum No PZ-03-230 Page 4 f. That the granting of the variance will be in harmony with the genera/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 has conducted this review with the assumption that, based on the city's prior approval of the administrative appeal acknowledging the increase in intensity of this non-conforming use, that the city is aware of the potential of certain hardships and non-conformities associated with the site. Staff also reviewed the requested variances focusing on the applicant's response to the above criteria contained in Exhibit "C" - Statement of Special Conditions, as well as existing site restrictions, and proposed design requirements. Staff has determined that site constraints at this location are a partial justification for granting this variance. In order to satisfy the Land Development Regulations, the driveways along North Federal Highway would have to be placed 120 feet from the intersection of Las Palmas Avenue. This scenario would not leave the additional linear footage necessary to provide the 30-foot minimum ddveway width and the 30-foot minimum distance from the intedor property line, as required by code. Further complying with code would result in the elimination of both existing driveways on North Federal Highway. This would create inefficient internal and external vehicular traffic circulation and undue hardship, which could force the closing of the business or negatively affect the neighborhood to the east. The driveways on Federal Highway minimize the traffic impact of this existing business onto Las Palmas Avenue. If there was only one project entrance (the Las Palmas Avenue entrance), traffic exiting from the site including refueling trucks would have insufficient stacking length at the adjacent traffic signal/intersection. This situation would congest the secondary roadway and adjacent residential neighborhood. Leaving the existing driveways on North Federal Highway lessens this potential traffic problem. It should be noted that granting a vadance for the southemmost ddveway distance would also cover the distance vadance requested for the northern driveway. In keeping with the City's Land Development Regulations, the applicant's response to the above criteda is included within Exhibit "C" Statement of Special Conditions justifying the requested variance. In summary, granting this variance may be supported for the following reasons: a. A special condition exists which is peculiar to the subject property; b. The literal interpretation of the provisions of this ordinance would deprive the applicant of rights commonly enjoyed by other properties similarly zoned; c. The vadance requested represents the minimum vadance needed to utilize the property for access (the existing driveways are located along the western extent of the property); and d. That the granting of the vadance would be in harmony with the general intent of the regulation to promote safe and adequate traffic circulation. RECOMMENDATION Based on the analysis contained' herein, Staff recommends that the requested variances be approved. No conditions of approval are recommended; however, any conditions of approval added by the Community Redevelopment Agency Board or the City Commission will be placed in the Exhibit "D" - Conditions of Approval. MW R/MD S:\Planning~SHARED\WP~PROJECTS~Gateway Texaco~ZNCV 03-010 mru 03-017.02~.. ;24 \STAFF REP ZNCV 03-010 to 03-012 Dnveway Vanances.~oc Location Map ~x,,~,,..,.. Gateway Texaco ~SITE ~. IPUD ~~~© REC R3 REC EXHIBIT "B" ~ ~ x - ~/~ ~' " ,"~ ~"x~ l/ , .... :::::,::~ :_,,,:~,, j:jJi[ !~I ,., ': :::::::::::::::" .:; :: ,..,:, il J~l ...... ,: iii~ -' . ,,::: :,,~--:-m,., ~i~ :] ' -" EXHIBIT "C" STATEMENT OF SPECIAL CONDITIONS STATEMENT OF SPECIAL CONDITIONS A. 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: There are special conditions and circumstances which exist and are peculiar to the land in this case. The gas station is existing and the only renovation to the property and building is to upgrade the exterior with new fascia, colors, landscaping, and textures so to make the gas station fit in with the neighborhood. The property is not big enough to place the driveways the proper distance from the intersection nor to move the gas islands or canopy. The number of driveways must remain due to the location of the fuel filling ports which the gasoline tankers must unload, there would not be enough room for them to leave the property with fewer drives. B. That the special conditions and circumstances do not result from the actions of the applicant: Special circumstances and conditions do not result from the actions of the applicant because he bought the property as it is. He is just trying to upgrade the exterior and landscaping to fit in with the changing neighborhood. C. 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: Granting these variances will not confer any special privileges that are denied by this ordinance to other lands within the same zoning district. D. That literal interpretation of the provisions of this chapter 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 undo hardship on the applicant: Literal interpretation an'd enforcement of the Ordinance would deprive the applicant of rights commonly enjoyed by other parcels in the same zoning district and would work an unnecessary and undue hardship on him because it would force him out of business. That the variance granted is the minimum variance that will make possible the reasonable use of the land, building or structure: , EXHIBIT "C" Granting of these variances is the minimum variances that would make possible the reasonable use of the land and building. It would be impossible to operate this business and upgrade the exterior if these variances are not granted. By granting these variances, you are allowing this business to be upgraded with exterior finish and landscaping which will better fit in with the surrounding neighborhood. F. 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: Granting there variances will be in harmony with the intent and purpose of this chapter and that these variances will not be injurious to the area but an asset to the area. This business will not be a detriment to the neighborhood but the opposite, it will be an asset to the community. EXHIBIT "D" Conditions of Approval Project name: Gateway Texaco File number: Driveways ZNCV 03-010, 03-011 and 03-012 Reference: DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic Comments: None X UTILITIES Comments: None X FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: None X BUILDING DIVISION Comments: None X PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING Comments: None X ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD ] Conditions of Approval DEPARTMENTS INCLUDE REJECT CONDITIONS Comments: 1. Nome X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 1. To be determined. S:LPlanning\SHARED\WPXPROJECTS\Gateway TexacoXZNCV 03-010-03-017,23,24\COA Driveways ZNCV 03-010, 03-011 and 03-0 12.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Gateway Texaco APPLICANT'S AGENT: Mr. Beril Kruger Planning & Zoning Consultants APPLICANT'S ADDRESS: 9 Northeast 6th Street Delray Beach, FL 33444 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: October 21, 2003 TYPE OF RELIEF SOUGHT: Variances ZNCV 03-010, 03-011 and 03-012 Relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 11, Supplemental Regulations L.3.d. (1) requiring parking lot driveways to be located 120 feet from the intersection of the right-of-way lines along streets of higher classification to allow a 97-foot variance, resulting in a distance of 23 feet, and to allow a 88-foot variance for a second driveway, resulting in a distance of 32 feet from the intersection of Federal Highway and Las Palmas Avenue for an existing gasoline dispensing establishment; Relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 11, Supplemental Regulations L.3.d. (3) requiring that driveways shall not be located less than thirty (30) feet from any interior property line to allow a 10-foot variance, resulting in a distance of 20 feet for an existing gasoline dispensing establishment; Relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 11, Supplemental Regulations L.3.d. (4) requiring that driveways will be limited to one (1) per street frontage to allow two (2) driveways along the street frontage for an existing gasoline dispensing establishment. LOCATION OF PROPERTY: 2360 North Federal Highway Boynton Beach, FL 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 headng 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: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". 4. The Applicant's 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. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: City Clerk S:\Planning\SHARED\WP~PROJECTS\Gateway Texaco~ZNCV 03-010-03-017,23,24\DO Driveways ZNVC 03-010, 03-011 and 03-0112.doc V.-CONSENT AGENDA WEIVl E.2. CITY OF BOYNTON BEACi AGENDA ITEM REQUEST FORIVl Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] August 5, 2003 July 14, 2003 (Noon.) [] October 7, 2003 September 15, 2003 (Noon) [] August 19, 2003 August 4, 2003 (Noon) [] October 21, 2003 October 6, 2003 (Noon) [] September 2, 2003 August 18, 2003 (Noon) [] November 5, 2003 October 20, 2003 (Noon) [] September 16, 2003 September 2, 2003 (Noon) [] November 18, 2003 November 3, 2003 (N~.) [] Administrative [] Legal NATURE OF [] Announcement [] New Business cD AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Heating .- [] Code compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Please place this request on the October 21, 2003 City Commission Agenda under Consent Agenda. The Community Redevelopment Agency Board with a 6 to 0 vote, recommended that the subject request be denied. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 03-231. EXPLANATION: PROJECT: Gateway Texaco (ZNCV 03-013) AGENT: Beril Kruger, Planning & Zoning Consultants OWNER: SUAU Enterprises LOCATION: 2360 North Federal Highway DESCRIPTION: Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 11, Supplemental Regulations L.3.e. (3) requiring a twenty (20) foot rear setback to allow a 10-foot variance, resulting m a rear setback of 10 feet for an addition to an existing gas station. PROGRAM IMPACT: -N/A FISCAL IMPACT: N/A ALTERNATI~E~~ N/A Devel~(rr~t ~'~'nt~lSirector CiW M~ger's Si~e Planning and Zonin~irector City Attorney / Finance / Human Resources S:\Planning~SHARED\WPXPROJECTS\Gateway TexacoXZNCV 03-010-03-017,23,24XAgenda Item Request Gateway Texaco ZNCV 03-013 10-21-03.dot S:XBULLETINLFORMS~AGENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION 'MEMORANDUM NO. PZ 03-231 STAFF REPORT TO: Chairman and Members Community Redevelopment Agency and City Commission THRU: Michael W. Rumpf ~t'/~/ Director of Planning and Zoning FROM: Maxime Ducoste Planner ~ DATE: September 29, 2003 PROJECT NAME/NO: Gateway Texaco Variances Building setback variance ZNCV 03-013 REQUEST: Relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 11, Supplemental Regulations L.3.e. (3) requiring a twenty (20) foot rear setback to allow a 10-foot variance, resulting in a rear setback of 10 feet for an addition to an existing gasoline dispensing establishment. PROJECT DESCRIPTION Property Owner: SUAU Enterprises Applicant/Agent: Mr. Bedl Kruger of Bedl Kruger Planning & Consultants Location: 2360 N. Federal Highway Boynton Beach, FL Existing Land Use/Zoning: Community Commercial (C-3)/Local Retail Commercial (LRC) Proposed Land Use/Zoning: No change proposed Proposed Use: 681 square foot addition to gasoline dispensing establishment (limited to a maximum of 600 square feet by Condition of Approval for appeal - ADAP 02-001). Acreage: 0.48 Acre (20,830 square feet) Adjacent Uses: (see E~hibit "A"- Location Map) North: Multi-family residential property, zoned Community Commercial (C-3); South: Right-of-way for Las Palmas Avenue, and farther south are single-family attached townhouses under construction (The Harbors), zoned Infill Planned Unit Development (IPUD); East: Vacant commercial lot zoned Community Commercial (C-3) currently under review for a proposed car wash, and farther east is a single-family residential dwelling (part of Las Palmas development), zoned Single-family residential, (R-I-AA); and Staff Report Memorandum No pZ.03-231 pa(3e2 West: Rights-of-way of U.S. 1 and the F~orida East Coast Railroad, and farther west developed commercial property classified Local Retail commercial (LRC) and zoned Neighborhood Commercial (C-2). Enterprises incorporated, is Mr. Beril Kruger of Beril Kruger Planning & Zoning Consultants, agent for SUAU to requesting conditional use I maior site plan modification approval to construct a 681 square foot addition an existing gasoline dispensing establishment. In addition, the applicant is proposing new parking spaces, a new access drive that would lead to the property directly to the east, and a general ,make-over" of the exterior facades of the gasoline station building and canopy. The number of gasoline pump islands and fueling positions would remain unaltered. The proposed 681 square foot addition to the gas station is considered as a conditional use in the C-3 zoning district. Also, the gas-station is a legal non-conforming use because it does not comply with Chapter 2, Section 11 .L.3.a.(2) due to the fact that gas stations may only be located at intersections "consisting of roads of four (4) lanes or wider". Eadier last year, Mr. Bedl Kruger, acting on behalf of Mr. Zuhair Marouf, expressed a desire to construct a building addition to the existing gas station, in part, to satisfy outstanding code enforcement violations. He also proposed direct access between the subject lot and the lot directly to the east (which was earmarked for a mechanical car wash) in order to minimize vehicular traffic onto Las Palmas Avenue· These inquiries were based on the presumption that the proposed addition would be allowed and that direct access would only require site plan review. However, after careful consideration, staff determined that the addition would not be permitted because it would represent an unlawful expansion of a non-conforming (a gaso. line- dispensing establishment). To answer Mr. Kruger's inquiries, on July 16, 2002, the Director of Planning & Zoning issued an administrative determination letter that basically prohibited the applicant from increasing the size of the gas- station building because doing it would constitute a violation of Chapter 2, Sections D and G of the Land · · between lots, the Director determined that the -.. e ulations. Regarding the dlrec, t access ,~, t directly to the east could be permitted. D~velopment R g --,:-- ~,,-~,,, en the subject lot and ,,,e Io proposed driveway connecuu- However, the direct access would only be allowed contingent upon the recordation of a legally binding cross-access agreement. On July 31, 2002, Mr. Kruger addressed a letter requesting a formal appeal of the aforementioned administrative determination. According to the staff report, "in summary, the appeal justifies the proposed expansion by the position that retail sales at this business is a separate component from the non- conforming aspect-gasoline sales, which component can therefore be altered / expanded independent of the gasoline sales element of the business. Staff disagreed with the applicant's position. The City Commission approved the appeal with the condition that the expansion would be limited to 600 squar.e fee, t. Therefore, this major site plan modification and accompanying variance requests represent the applicant s continuing effort to construct a building addition and mechanical car wash on the abutting property (see Exhibit "B" - Site Plan and Survey). If approved, the construction of the addition, parking lot, and fa~;ade improvements would occur in one (1) phase. ANALYSIS The code states that the zoning code vadance cannot be approved unless the board finds the following: a. 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 $~ff ~epor~ Mem°r~urn No PZ-03-23 ~ P~ge 3 district. b. That the special COnditions and circumstances do not result from the actions of the applicant. c. 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. d. That literal interpretation of the commonly enjoyed by provisions of this ordinance Would deprive the applicant of rights other properties in the same zoning district under the terms of the ordinance and Would Work unnecessary and undue hardship on the applicant. e. 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 conducted the analysis focusing on the applicant's response to the above criteria contained in Exhibit "C", which require the request be initiated by special conditions and circumstances that are peculiar to the subject land, structure, or building, which are not the result of the actions of the applicant, and that the request is the minimum vadance that will make possible the reasonable use of the land, building, or structure. The subject request has been initiated in preparation for the construction of an addition to the existing gas station business. The applicant desires to build along the rear of the original building leaving all mechanical equipment in their existing location, which forces the encroachment into the rear seatback. The stepping back of the addition from the rear of the existing structure to accommodate the mechanical equipment has generated the circumstances. The subject property has been improved with a gas station business, and occupied since 1965. The fact that the applicant has the ability to construct at the appropriate setback line cleady demonstrates that, cdteda items "a" and "c" are not met. Further, since the necessity for the vadance has been caused by the proposed addition, condition "b" above is also not satisfied. The overall objective of the Land Development Regulations is to insure the welfare and safety of the public by providing regulations and standards in which to achieve consistent equitable developments. The proposed addition would setback approximately ten (10) feet from the rear property line, half of the distance required by code. Furthermore, notwithstanding interior layout and design objectives, there currently exists nearly 34 feet of depth to the rear property line when measured from the deepest dimension from the existing rear fa(;ade. The expansion could be as deep as 14 feet, and extend over 50 feet in length without encroaching into the rear setback, if the mechanical equipment was relocated. To further support the potential for the expansion to be designed to comply with setbacks is the existing requirement that it be reduced in size to comply with the condition for approval of the administrative appeal. The granting of this variance would be an acknowledgement that there exists no alternative in either the structure size or location. CONCLUSIONS/RECOMMENDATiON Based on a strict interpretation of the variance cdteda, Staff recommends that the request for relief from Chapter 2, Zoning, Section 11, Supplemental Regulations L.3.e. (3), requiring a minimum rearyard setback of 20 feet fora gasoline dispensing establishment within the C-3 zoning district, to alJow fora variance of 10 feet, and a rear yard setback of 10 feet be denied, due to the lack of hardship, and due to the circumstance being created by the actions of the applicant. Staff Report Memorandum No pz-03-231 Page 4 Staff should indicate that past vadance requests have been reviewed by the city using more than the "traditional" criteria, or interpretations of this criteria placing greater emphasis on other associated characteristics. Should the Board or Commission desire to approve this request, the following factors should be considered before rendering a final decision: 1. The variance request is for the construction of an addition to a existing gasoline dispensing establishment; 2. The location of the proposed addition, which is located at the rear of the subject property; 3. The immediate parcel to the east is proposed to be developed as a car wash; 4. Staff has not received any objections from adjacent property owners regarding the subject variance request. Should the subject request be approved, Staff is recommending that the addition be limited to a maximum of 600 square feet as prescibed by condition of approval for appeal ADAP 02-001. Any additional conditions of approval added by the Community Redevelopment Agency Board or the City Commission will be placed in the Exhibit "D" - Conditions of Approval. MWR/MD . A, ,. ~,-~um ECTS~Gateway Texaco~ZNCV 03-010 ~llru 03-017, 023, 024 ~STAFF REP ZNCV 03-013 Building setback.doc S:~Planning~rw~ ..... PROJ Location Mar~ Gateway Texaco - ~X~B~T "~,, / SITE ~ ~ / / EXHIBIT "B" .= .! ,.:. ], ' ,.,." i~;'.:..: ~ ; -~'-~-- .-..-] ¢ ! i'::¢'. -':- I !] ~'--"/ .'5 I .: ',/',I ',~: ~.--~ ....... ,/ ¢- · i' --' *. I ~i'-/'-~ __."';/;',, ~.: / ,' ,' ' .~ ,~, idii I t ..,. '~, ,1 ' / - I , , ,, 1 ;! ii z. , "---~_ 1: "t I ! , t ~',i* t~.q1 i~:' i , [ ? i/ => '"m'f--"'~- - ] ' ',[ ' ;' / ;'~"'7'"~.' :' , i{ > ~ - :/ ,, / , ,7t -: ~ ; >' i -~ - .:-~- ! ? i "-;' -. :-: :~: j_.L-:i i.':' ~ .... : i.:? ' ~::."i · - i:, :, ii r - r °:'"";"'::" ! · -- ::: :- ........ ,,:.,:..:..:.,.l Ii ,! -. ,~ '~,,, ~O°CS~r~ ~,',0 *~R~';CN$ tO: ' , ~.~* u.z t " EXHIBIT STATEr IENT OF SPECIAL CONDITIONS STATEMENT OF SPECIAL CONDITIONS A. That smecia] 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: There are special conditions and circumstances which exist and are peculiar to the land in this case. The gas station is existing and the only renovation to the pro'perry and building is to upgrade the exterior with new fascia, colors, landscaping, and textures so to make the gas station fit in with the neighborhood. The property is not big enough to place the driveways the proper distance from the intersection nor to move the gas islands or canopy. The number of driveways must remain due to the location of the fuel filling ports which the gasoline tankers must unload, there would not be enough room for them to leave the property with fewer drives. B. That the special conditions and circumstances do not result from the actions of the applicant: Special circumstances and conditions do not result from the actions of the applicant because he bought the property as it is. He is just trying to upgrade the exterior and landscaping to fit in with the changing neighborhood. C. 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: Granting these variances will not confer any special privileges that are denied by this ordinance to other lands within the same zoning district. D. That literal interpretation of the provisions of this chapter 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 undo hardship on the applicant: Literal interpretation and enforcement of the Ordinance would deprive the applicant of rights commonly enjoyed by other parcels in the same zoning district and would work an unnecessary and undue hardship on him because it would force him out of business. E. That the variance granted is the minimum variance that will make possible the reasonable use of the land, building or structure: -'- . .... EXHIBIT "C" Granting of these variances is the minimum variances that would make possible the reasonable use of the land and building. It would be impossible to operate this business and upgrade the exterior if these variances are not granted. By granting these variances, you are allowing this business to be upgraded with exterior finish and landscaping which will better fit in with the surrounding neighborhood. F. 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: Granting there variances will be in harmony with the intent and purpose of this chapter and that these variances will not be injurious to the area but an asset to the area. This business will not be a detriment to the neighborhood but the opposite, it will be an asset to the community. EXHIBIT "D" Conditions of Approval Project name: Gateway Texaco File number: ZNCV 03-013 Building Setback Reference: DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic Comments: None X UTILITIES Comments: None X FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: None X BUILDING DIVISION Comments: None X PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING Comments: None X ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT CONDITIONS Comments: 1. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 1. To be determined. S 5Planning\SHARED\WP~PROJECTS\Gateway Texaco~NCV 03-0104)3 4) 17,23,24\COA Building setback ZNCV 03-013.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Gateway Texaco APPLICANT'S AGENT: Mr. Beril Kruger Planning & Zoning Consultants APPLICANT'S ADDRESS: 9 Northeast 6th Street Delray Beach, FL 33444 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: October 21, 2003 TYPE OF RELIEF SOUGHT: Building setback ZNCV 03-013 Relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 11, Supplemental Regulations L.3.e. (3) requiring a twenty (20) foot rear setback to allow a 10-foot variance, resulting in a rear setback of 10 feet for an addition to an existing gasoline dispensing establishment. LOCATION OF PROPERTY: 2360 North Federal Highway Boynton Beach, FL DRAWING(S): SEE EXHIBIT "B" A'I-I'ACHED HERETO. × 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: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". 4. The Applicant's 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. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: City Clerk S:\Planning~SHARED\WP~PROJECTS\Gateway Texaco~ZNCV 03-O10-03-017.23,24\DO Building setback ZNCV 03-013.doc V.-CONSENT AGENDA ITEM E.3. CITY OF BOYNTON BEACI AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] August 5, 2003 July 14, 2003 (Noon.) [] October 7, 2003 September 15, 2003 (Noon) [] August 19, 2003 August 4, 2003 (Noon) [] October 21,2003 October 6, 2003 (Noon) [] September 2, 2003 August 18, 2003 (Noon) [] November 5, 2003 October 20, 2003 (Noon) [] September 16, 2003 September 2, 2003 (Noon) [] November 18, 2003 November 3, 2003 (Noon) [] Administrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation o~ ~..< [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unfinished Business .~."~ RECOMMENDATION: Please place this request on the October 21, 2003 City Commission Agenda uader Consent Agenda. The Community Redevelopment Agency Board with a 6 to 0 vote, recommended that the subject request:Z be approved. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 03-232. EXPLANATION: PROJECT: Gateway Texaco (ZNCV 03-014 and 03-015) AGENT: Beril Kruger, Planning & Zoning Consultants OWNER: SUAU Enterprises LOCATION: 23 60 North Federal Highway DESCRIPTION: Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 11, Supplemental Regulations L.3.e. (a) requiring that no canopy shall be located less than twenty (20) feet from any property line to allow a 10.5-foot variance resulting in a distance of 9.5 feet for an existing canopy for a gas station business; and Requesting for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 11, Supplemental Regulations L.3.e. (b) requiring that no gasoline pump island shall be located less than thirty (30) feet from any property line to allow a 10.2-foot variance, resulting in a distance of 19.8 feet for an existing gasoline pump island for an gas station business. PROGRAM IMPACT: 'N/A FISCAL IMPACT: N/A ~ ALTERNATIVE~ N/A DevglK~ment ~)c"p~t~n~nt-D~rector City Manager's Signature 'Plannfn-g and Zoni~Director City Attorney / Finance / Human Resources S:L°Ianning~SHARED\WP~ROJECTS\Gateway Texaco~CV 03-010-03-017,23,24'ukgenda Rem Request Gateway Texaco ZNCV 03-014,03-015 10-21- 03 .dot S:\BULLETIN~ORMS',AGENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 03-232 STAFF REPORT TO: Chairman and Members Community Redevelopment Agency and City Commission THRU: Michael W. Rumpf ~ Director of Planning and Zoning FROM: Maxime Ducoste ~ Planner DATE: September 29, 2003 PROJECT NAME/NO: Gateway Texaco Variances Canopy and Gasoline pump islands setback variances ZNCV 03-014 and 03-015 REQUEST: Relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 11, Supplemental Regulations L.3.e. (a) requiring that no canopy shall be located less than twenty (20) feet from any property line to allow a 10.5-foot variance, resulting in a distance of 9.5 feet for an existing canopy for a gasoline dispensing establishment; Relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 11, Supplemental Regulations L.3.e. (b) requiring that no gasoline pump island shall be located less than thirty (30) feet from any property line to allow a 10.2-foot variance, resulting in a distance of 19.8 feet for an existing gasoline pump island for a gasoline dispensing establishment. PROJECT DESCRIPTION Property Owner: SUAU Enterprises Applicant/Agent: Mr. Bedl Kruger of Bedl Kruger Planning & Consultants Location: 2360 N. Federal Highway Boynton Beach, FL Existing Land Use/Zoning: Community Commercial (C-3)/Local Retail Commercial (LRC) Proposed Land Use/Zoning: No change proposed Proposed Use: 681 square foot addition to gasoline dispensing establishment (limited to a maximum of 600 square feet by Condition of Approval for appeal - ADAP 02-001 ). Acreage: 0.48 Acre (20,830 square feet) Adjacent Uses: (see Exhibit "A"- Location Map) North: A multi-family residential property, zoned Community Commercial (C-3); Staff Report Memorandum No PZ-03-232 Page 2 South: Right-of-way for Las Palmas Avenue, and farther south are single-family attached townhouses under construction (The Harbors), zoned Infill Planned Unit Development (IPUD); East: Vacant commercial lot zoned Community Commercial (C-3) currently under review for a proposed car wash, and farther east is a single-family residential dwelling (part of Las Palmas development), zoned Single-family residential, (R-I-AA); and West: Rights-of-way of U.S. 1 and the Flodda East Coast Railroad, and farther west developed commercial property classified Local Retail Commercial (LRC) and zoned Neighborhood Commercial (C-2). BACKGROUND Mr. Bedl Kruger of Bedl Kruger Planning & Zoning Consultants, agent for SUAU Enterprises Incorporated, is requesting conditional use / major site plan modification approval to construct a 681 square foot addition to an existing gasoline dispensing establishment. In addition, the applicant is proposing new parking spaces, a new access ddve that would lead to the property directly to the east, and a general "make-over" of the exterior facades of the gasoline station building and canopy. The number of gasoline pump islands and fueling positions would remain unaltered. The proposed 681 square foot addition to the gas station is considered as a conditional use in the C-3 zoning district. Also, the gas-station is a legal non-conforming use because it does not complywith Chapter 2, Section 11 .L.3.a.(2) due to the fact that gas stations may only be located at intersections "consisting of roads of four (4) lanes or wider". Eadier last year, Mr. Bedl Kruger, acting on behalf of Mr. Zuhair Marouf, expressed a desire to construct a building addition to the existing gas station, in part, to satisfy outstanding code enforcement violations. He also proposed direct access between the subject lot and the lot directly to the east (which was earmarked for a mechanical carwash) in order to minimize vehicular traffic onto Las Palmas Avenue. These inquiries were based on the presumption that the proposed addition would be allowed and that direct access would only require site plan review. However, after careful consideration, staff determined that the addition would not be permitted because it would represent an unlawful expansion of a non-conforming (a gasoline- dispensing establishment). To answer Mr. Kruger's inquiries, on July 16, 2002, the Director of Planning & Zoning issued an administrative determination letter that basically prohibited the applicant from increasing the size of the gas- station building because doing it would constitute a violation of Chapter 2, Sections D and G of the Land Development Regulations. Regarding the direct access between lots, the Director determined that the proposed ddveway connection between the subject lot and the lot directly to the east could be permitted. However, the direct access would only be allowed contingent upon the recordation of a legally binding cross-access agreement. On July 31, 2002, Mr. Kruger addressed a letter requesting a formal appeal of the aforementioned administrative determination. According to the staff report, "in summary, the appeal justifies the proposed expansion by the position that retail sales at this business is a separate component from the non- conforming aspect-gasoline sales, which component can therefore be altered / expanded independent of the gasoline sales element of the business. The applicant disagreed with the applicant's position. The City Commission approved the appeal with the condition that the expansion would be limited to 600 square feet. Therefore, this major site plan modification and accompanying variance requests represent the applicant's continuing effort to construct a building addition and mechanical car wash on the abutting property (see Exhibit "B" - Site Plan and Survey). If approved, the construction of the addition, parking lot, and fa(}ade Staff Report Memorandum No PZ-03-232 Page 3 improvements would occur in one (1) phase. ANALYSIS The code states that the zoning code vadance cannot be approved unless the board finds the following: a. 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 ~pecial conditions and circumstances do not result from the actions of the applicant. c. 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. d. 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. e. 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 conducted the analysis focusing on the applicant's response to the above criteria contained in Exhibit "C", which require the request be initiated by special conditions and circumstances that are peculiar to the subject land, structure, or building, which are not the result of the actions of the applicant, and that the request is the minimum variance that will make possible the reasonable use of the land, building, or structure. The subject request has been initiated in preparation for the construction of an addition to the existing gas station business. The applicant desires to maintain the existing canopy and gasoline pump islands at their current location, which do not conform to current setback requirements. The subject property has been improved with a gas station business, and occupied since 1965. In order to meet minimum setbacks, the canopy and gasoline pump islands would have to be relocated, which may be cost prohibitive or significantly impact the business operation due to site constraints. Understanding that the structures exist and the subject requests represent the minimum variances that will make reasonable use of an existing gasoline dispensing establishment, and will not be injurious to the area, cdteda items "e" and "f" appear to be supported by the variance request. The overall objective of the Land Development Regulations is to insure the welfare and safety of the public by providing regulations and 'standards in which to achieve consistent equitable developments. Staff understands that the proposed requests represent a modest distance to sustain existence of components necessary and integral to the functions of the applicant's business. Although the pump island setback is in part related to life safety, with physical barriers between the pumps and adjacent right-of-way, and modem shut-off equipment, staff cannot measure the decrease, if any, in safety as a result of the pumps being approximately 10 feet closer to the right-of-way than allowed by code. CONCLUSIONS/RECOMMENDATION Based on the analysis contained herein, Staff recommends that the requested variances be approved. Staff Report Memorandum No PZ-03-232 Page 4 No conditions of approval are recommended; however, any conditions of approval added by the Community Redevelopment Agency Board or the City Commission will be placed in the Exhibit "D" - Conditions of Approval. MWR/MD S;~Iannmg~HARED~WI:~PROJECTS~Gateway Texaco~.NCV 03-010 ~hru 03-017. 023, 024 \STAFF REP ZNCV 034314 and 03-015 Cano0y and gasoline !3urnl3 isJand setback.doc Location Map Gateway Texaco ~SITE ~. ~~..__~_J I IPUD ac~ac~aa© REC R3 REC / 1 ~.EXHIBIT "B"' I I" '-- ' ~ h:OuN ii ii - - ..... ' ' il ' .. ~ _ .i , ~ ~ ;; ~li~ ii . J I" lil! :I:~:: ii!l ::: t ',.-'[ :': ijil¢[l ::i~ ":''" ii:: i:i : ..... .,:~ [ [. ........ . ,,, :, Ii! " "' ::::'~ ':::'":'::: " ', j~." ,.' i!! 'il! ,: d ..... ~, l !:-l,ll.,i:.[:ll .,,:,,, ,, l,: ..: ,,.,...:.,: :: 'Fi: i'l i 'i iii i I --'"::':'--:, , . _ ~i~, [ CAR WASH ~XlCO '-' ,-" EXHIBIT "C" STATEF ENT OF SPECIAL CONDITIONS STATEMENT OF SPECIAL CONDITIONS A. That special ccnditions 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: There are special conditions and circumstances which exist and are peculiar to the land in this case. The gas station is existing and the only renovation to the property and building is to upgrade the exterior with new fascia, colors, landscaping, and textures so to make the gas station fit in with the neighborhood. The property is not big enough to place the driveways the proper distance from the intersection nor to move the gas islands or canopy. The number of driveways must remain due to the location of the fuel filling ports which the gasoline tankers must unload, there would not be enough room for them to leave the property with fewer drives. B. That the special conditions and circumstances do not result from the actions of the applicant: Special circumstances and conditions do not result from the actions of the applicant because he bought the property as it is. He is just trying to upgrade the exterior and landscaping to fit in with the changing neighborhood. C. 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: Granting these variances will not confer any special privileges that are denied by this ordinance to other lands within the same zoning district. D. That literal interpretation of the provisions of this chapter 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 undo hardship on the applicant: Literal interpretation and enforcement of the Ordinance would deprive the applicant of rights commonly enjoyed by other parcels in the same zoning district and would work an unnecessary and undue hardship on him because it would force him out of business. E. That the variance granted is the minimum variance that will make possible the reasonable use of the land, building or structure: , Granting of these variances is the minimum variances that would make possible the reasonable use of the land and building. It would be impossible to operate this business and upgrade the exterior if these variances are not granted. By granting these variances, you are allowing this business to be upgraded with exterior finish and landscaping which will better fit in with the surrounding neighborhood. F. That th'e 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: Granting there variances will be in harf'nony with the intent and purpose of this chapter and that these variances will no~ be injurious to the area but an asset to the area. This business will not be a detriment to the neighborhood but the opposite, it will be an asset to the community. EXHIBIT "D" Conditions of Approval Project name: Gateway Texaco File number: Canopy and gasoline pump islands setback ZNCV 03-014 and 03-015 Reference: DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic Comments: None X UTILITIES Comments: None X FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: None X BUILDING DIVISION Comments: None X PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING Comments: None X ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT CONDITIONS Comments: 1. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 1. To be determined. SSPIanning\SHARED\WP~PROJECTS\Gateway TexacoXZNCV 03-010-03-017,23,24\COA Canopy and Gasoline pump islands ZNCV 03-014 and 03- 015.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Gateway Texaco APPLICANT'S AGENT: Mr. Beril Kruger Planning & Zoning Consultants APPLICANT'S ADDRESS: 9 Northeast 6th Street Delray Beach, FL 33444 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: October 21, 2003 TYPE OF RELIEF SOUGHT: Canopy and gasoline pump islands ZNCV 03-014 and 03-015 Relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 11, Supplemental Regulations L.3.e. (a) requiring that no canopy shall be located less than twenty (20) feet from any property line to allow a 10.5-foot variance, resulting in a distance of 9.5 feet for an existing canopy for a gasoline dispensing establishment; Relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 11, Supplemental Regulations L.3.e. (b) requiring that no gasoline pump island shall be located less than thirty (30) feet from any property line to allow a 10.2-foot variance, resulting in a distance of 19.8 feet for an existing gasoline pump island for a gasoline dispensing establishment. LOCATION OF PROPERTY: 2360 North Federal Highway Boynton Beach, FL DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. 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: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit mC" with notation ~lncluded". 4. 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. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: City Clerk S:\Planning\SHARED\WP\PROJECTS\Gateway Texaco~ZNOV 03-010-03-017,23,24\DO Canopy and gasoline pump island ZNCV 03-014 and 03-015.doc V.-CONSENT AGENDA CITY OF BOYNTON BEACH ITEM E.4. AGENDA ITEM REQUEST FOI ,, Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] August 5, 2003 July 14, 2003 (Noon.) [] October 7, 2003 September 15, 2003 (Noon) [] August 19, 2003 August 4, 2003 (Noon) [] October 21,2003 October 6, 2003 (Noon) [] September 2, 2003 August 18, 2003 (Noon) [] November 5, 2003 October 20, 2003 (Noon) [] September 16, 2003 September 2, 2003 (Noon) [] November 18, 2003 November 3, 2003 (Noon) [] Administrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation -.-4 c'~' [] Consent Agenda [] Public Hearing cr~ ~.< [] Code compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Please place this request on the October 21, 2003 C~ty Comnuss~on Agenda un~r Consent Agenda. The Community Redevelopment Agency Board with a 5 to 1 vote, recommended that the subject~r~qu~ ~.~ approved. For further details pertaining to the request, see attached Department of Development Memorandum~ r,n }-~ be No. PZ 03-233. EXPLANATION: PROJECT: Gateway Texaco (ZNCV 03-016 and 03-017) AGENT: Beril Kruger, Planning & Zoning Consultants OWNER: SUAU Enteq~rises LOCATION: 2360 North Federal Highway DESCRIPTION: Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 11, Supplemental Regulations L.3.f. (I) requiring a ten (10) foot wide landscape buffer along the street frontage and to include one tree ten (10) to fifteen (15) feet in height with a minimum three-inch caliper every forty (40) feet, a continuous hedge twenty-four (24) inches high, twenty-four (24) inches on center at time of planting with flowering groundcover to allow a variance of 10 feet, resulting in a zero (0) landscape buffer along the street frontage for an existing gas station building; and Requesting for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 11, Supplemental Regulations L.3.f. (2)(a) requiring a ten (10) foot wide landscape buffer on all interior property lines to allow a variance of 5 feet, resulting in a five (5) foot buffer for an existing gas station business. PROGRAM IMPACT: N/A FISCAL IMPACT: .~0 I N/A ALTERNATIVES: ~ N/A DevelopmealdD'~ar~n"fI~irector City Manager's Signature l~lanning and Zorn{ Director City Attorney / Finance / Human Resources S:h°Ianning~SHARED\WPh°ROJECTS\Gateway Texaco~NCV 03 -010-03 -0 17,23,24La. genda Item Request Gateway Texaco ZNCV 03 -0 16,03 -0 17 10-21 - 03.dot S:\BULLETIN~ORMS~GENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 03-233 STAFF REPORT TO: Chairman and Members Community Redevelopment Agency and City Commission THRU: Michael W. Rumpf~'''~ Director of Planning and Zoning FROM: , Maxime Ducoste Planner DATE: September 29, 2003 PROJECT NAME/NO: Gateway Texaco Variances Landscape buffers ZNCV 03-016 and 03-017 REQUEST: Relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 11, Supplemental Regulations L.3.f. (1) requiring a ten (10) foot wide landscape buffer along the street frontage and to include one tree ten (10) to fifteen (15) feet in height with a minimum three-inch caliper every forty (40) feet, a continuous hedge twenty-four (24)inches high, twenty-four (24) inches on center at time of planting with flowedng groundcover to allow a vadance of 10 feet, resulting in a zero (0) landscape buffer along the street frontage for an existing gasoline dispensing establishment; Relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 11, Supplemental Regulations L.3.f. (2)(a) requiring a ten (10) foot wide landscape buffer on all intedor property lines to allow a vadance of 5 feet, resulting in a five (5) foot buffer for an existing gas dispensing establishment. PROJECT DESCRIPTION Property Owner: SUAU Enterprises Applicant/Agent: Mr. Bedl Kruger of Bedl Kruger Planning & Consultants Location: 2360 N. Federal Highway Boynton Beach, FL Existing Land Use/Zoning: 'Community Commercial (C-3)/Local Retail Commercial (LRC) Proposed Land Use/Zoning: No change proposed Proposed Use: 681 square foot addition to gasoline dispensing establishment (limited to a maximum of 600 square feet by Condition of Approval for appeal - ADAP 02-001). Acreage: 0.48 Acre (20,830 square feet) Adjacent Uses: (see Exhibit "A"- Location Map) Staff Report Memorandum No PZ-03-233 Page 2 North: A multi-family residential property, zoned Community Commercial (C-3); South: Right-of-way for Las Palmas Avenue, and farther south are single-family attached townhouses under construction (The Harbors), zoned Infill Planned Unit Development (IPUD); East: Vacant commercial lot zoned Community Commercial (C-3) currently under review for a proposed car wash, and farther east is a single-family residential dwelling (part · of Las Palmas development), zoned Single-family residential, (R-I-AA); and West: Rights-of-way of U.S. 1 and the Flodda East Coast Railroad, and farther west developed commercial property classified Local Retail Commercial (LRC) and zoned Neighborhood Commercial (C-2). BACKGROUND Mr. Beril Kruger of Bedl Kruger Planning & Zoning Consultants, agent for SUAU Enterprises Incorporated, is requesting conditional use / major site plan modification approval to construct a 681 square foot addition to an existing gasoline dispensing establishment. In addition, the applicant is proposing new parking spaces, a new access drive that would lead to the property directly to the east, and a general "make-over" of the exterior facades of the gasoline station building and canopy. The number of gasoline pump islands and fueling positions would remain unaltered. The proposed 681 square foot addition to the gas station is considered as a conditional use in the C-3 zoning district. Also, the gas-station is a legal non-conforming use because it does not comply with Chapter 2, Section 11 .L.3.a.(2) due to the fact that gas stations may only be located at intersections "consistihg of roads of four (4) lanes or wider". Earlier last year, Mr. Beril Kruger, acting on behalf of Mr. Zuhair Marouf, expressed a desire to construct a building addition to the existing gas station, in part, to satisfy outstanding code enforcement violations. He also proposed direct access between the subject lot and the lot directly to the east (which was earmarked for a mechanical car wash) in order to minimize vehicular traffic onto Las Palmas Avenue. These inquiries were based on the presumption that the proposed addition would be allowed and that direct access would only require site plan review. However, after careful consideration, staff determined that the addition would not be permitted because it would represent an unlawful expansion of a non-conforming (a gasoline- dispensing establishment). To answer Mr. Kruger's inquiries, on July 16, 2002, the Director of Planning & Zoning issued an administrative determination letter that basically prohibited the applicant from increasing the size of the gas- station building because doing it would constitute a violation of Chapter 2, Sections D and G of the Land Development Regulations. Regarding the direct access between lots, the Director determined that the proposed driveway connection between the subject lot and the lot directly to the east could be permitted. However, the direct access would only be allowed contingent upon the recordation of a legally binding cross-access agreement. On July 31, 2002, Mr. Kruger addressed a letter requesting a formal appeal of the aforementioned administrative determination. According to the staff report, "in summary, the appeal justifies the proposed expansion by the position that retail sales at this business is a separate component from the non- conforming aspect-gasoline sales, which component can therefore be altered / expanded independent of the gasoline sales element of the business. The applicant disagreed with the applicant's position. The City Commission approved the appeal with the condition that the expansion would be limited to 600 square feet. Therefore, this major site plan modification and accompanying variance requests represent the applicant's Staff Report Memorandum No PZ-03-233 Page 3 continuing effort to construct a building addition and mechanical car wash on the abutting property (see Exhibit "B" - Site Plan and Survey). If approved, the construction of the addition, parking lot, and fa(j:ade improvements would occur in one (1) phase. ANALYSIS The code states that the zoning code vadance cannot be approved unless the board finds the following: a. That special conditions and circumstances exist which are peculiar to the land, structure, or building involved bnd 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. c. 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. d. That literal interpretation of the provisions of this ordinance would deprive the applicant of fights 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. e. 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 vadance will not be injurious to the area involved or otherwise detrimental to the public welfare. Staff has conducted this analysis with the assumption that, based on the city's pdor approval of the administrative appeal acknowledging the increase in intensity of this non-conforming use, that the city is aware of the potential of certain hardships and non-conformities associated with the site. Staff has focussed this review based on the applicant's response to the above cdteda contained in Exhibit "C", which require the request be initiated by special conditions and circumstances that are peculiar to the subject land, structure, or building, which are not the result of the actions of the applicant, and that the request is the minimum vadance that will make possible the reasonable use of the land, building, or structure. The subject request has been initiated in preparation for the construction of an addition to the existing gas station business. The applicant desires relief from the required landscape buffer along the front (North Federal Highway) and the intedor (north) property lines of the subject property, since they do not exist on the already confined site. The subject property has been improved with a gas station business, and occupied since 1965. In order to meet the landscape buffer as required by code, the applicant would need additional linear footage along North Federal Highway or to eliminate the existing first two (2) gasoline pump islands. This scenario would likely be cost prohibitive or significantly impact business operation. Understanding that site layout is existing and cannot easily be altered without significantly impacts to the business operation the requests represent the minimum variances that will make reasonable use of an existing gasoline dispensing establishment and will not be injurious to the area. Therefore, cdteda items "e" and "f" appear to be supported by the vadance request. The overall objective of the Land Development Regulations is to insure the welfare and safety of the public by providing regulations and standards in which to achieve consistent equitable developments. The intent of the landscape buffer is to visually screen the vehicular use from the adjacent properties and right-of-way. Staff Report Memorandum No PZ-03-233 Page 4 CONCLUSIONS/RECOMMENDATION Based on the analysis contained herein, Staff recommends that the requested variances be approved subject to the following conditions: 1. Providing a substitute form of screening of the site along North Federal Highway where possible such as planter pots or boxes. However, any additional conditions of approval added by the Community Redevelopment Agency Board or the City Commission will be placed in the Exhibit "D" - Conditions of Approval. MWPJMD S:~°Ianning~SHARED~WPU=ROJECTS~Gateway Texaco~ZNCV 03-010 thru 03-017. 023, 024 ~STAFF REP ZNCV 03-016 and 03-017 Landscape buffers.doc Location Map ~x.,~.,,,.,, Gateway Texaco SITE ' -EXHIBIT"B" ""' N 0'~ TN ~ 0 U N~ ~ ii .. U.S. HiGNW~Y !J ] > ' ~ . , · .;~/ i . , , , j,-,I , - iii :i~ .:.,..,.: ,!: j: ,** :::, ,::ii I I":":"':':":""::':::': ': :, ','"'--, ,,'" ?Il: ":':'"*"::-::":"::j:l" '*: --- J. i . - _ ....... R~ ~=:.R~=. : ; " i--'. EXHIBIT "C" STATEMENT OF SPECIAL CONDITIONS STATEMENT OF SPECIAL CONDITIONS A. That special ccndi.:ions 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: There are special conditions and circumstances which exist and are peculiar to the land in this case. The gas station is existing and the only renovation to the property and building is to upgrade the exterior with new fascia, colors, landscaping, and textures so to make the gas station fit in with the neighborhood. The property is not big enough to place the driveways the proper distance from the intersection nor to move the gas islands or canopy. The number of driveways must remain due to the location of the fuel filling ports which the gasoline tankers must unload, there would not be enough room for them to leave the property with fewer drives. B. That the special conditions and circumstances do not result from the actions of the applicant: Special circumstances and conditions do not result from the actions of the applicant because he bought the property as it is. He is just trying to upgrade the exterior and landscaping to fit in with the changing neighborhood. C. 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: Granting these variances will not confer any special privileges that are denied by this ordinance to other lands within the same zoning district. D. That literal interpretation of the provisions of this chapter 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 undo hardship on the applicant: Literal interpretation and enforcement of the Ordinance would deprive the applicant of rights commonly enjoyed by other parcels in the same zoning district and would work an unnecessary and undue hardship on him because it would force him out of business. E. That the variance granted is the minimum variance that will make possible the reasonable use of the land, building or structure: Granting of these variances is the minimum variances that would make possible the reasonable use of the land and building. It would be impossible to operate this business and upgrade the exterior if these variances are not granted. By granting these variances, you are allowing this business to be upgraded with exterior finish and landscaping which will better fit in with the surrounding neighborhood. F. 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: Granting there variances Will be in harmony with the intent and purpose of this chapter and that these variances will not be injurious to the area but an asset to the area. This business will not be a detriment to the neighborhood but the opposite, it will be an asset to the community. EXHIBIT "D" Conditions of Approval Project name: Gateway Texaco File number: Landscape buffers ZNCV 03-016 and 03-017 Reference: DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic Comments: None X UTILITIES Comments: None X FIRE Comments: None POLICE Comments: None X ENGINEERING DIVISION Comments: None X BUILDING DIVISION Comments: None X PARKS AND RECREATION Coi~ii~ents: None X FORESTER/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING Comments: X 1. Providing a substitute form of screening of the site along North Federal Highway where possible such as planter pots or boxes. Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD CONDITIONS Comments: 1. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 1. To be determined. S 5Planning\SHARED\WPLPROJECTS\Gateway TexacoXZNCV 03 431043343 17,23,24\COA Landscape buffers ZNCV 0343 16 and 0343 17.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Gateway Texaco APPLICANT'S AGENT: Mr. Beril Kruger Planning & Zoning Consultants APPLICANT'S ADDRESS: 9 Northeast 6th Street Delray Beach, FL 33444 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: October 21, 2003 TYPE OF RELIEF SOUGHT: Landscape buffers ZNCV 03-016 and 03-017 Relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 11, Supplemental Regulations L.3.f. (1) requiring a ten (10)foot wide landscape buffer along the street frontage and to include one tree ten (10) to fifteen (15) feet in height with a minimum three-inch caliper every forty (40) feet, a continuous hedge twenty-four (24) inches high, twenty-four (24) inches on center at time of planting with flowering groundcover to allow a variance of 10 feet, resulting in a zero (0) landscape buffer along the street frontage for an existing gasoline dispensing establishment; Relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 11, Supplemental Regulations L.3.f. (2)(a) requiring a ten (10) foot wide landscape buffer on all interior property lines to allow a variance of 5 feet, resulting in a five (5) foot buffer for an existing gas dispensing establishment. LOCATION OF PROPERTY: 2360 North Federal Highway Boynton Beach, FL 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 headng 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: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant HAS HAS NOT established b~, substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". 4. The Applicant's 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. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: City Clerk S:\Planning\SHARED~WFAPROJECTS\Gateway Texaco~NCV 03-010-03-017,23,24\DO Landscape buffers ZNCV 03-016 and 03-017.doc V.-CONSENT AGENDA ITEM E.5 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to CRv Clerk's Office Meeting Dates in to Ci~ Clerk's Office [] August 5, 2003 July 14, 2003 (Noon.) [] October 7, 2003 September 15, 2003 (Noon) [] August 19, 2003 August 4, 2003 (Noon) [] October 21,2003 October 6, 2003 (Noon) [] September 2, 2003 August 18, 2003 (Noon) [] November 5, 2003 October 20, 2003 (Noon) [] September 16, 2003 September 2, 2003 (Noon) [] November 18, 2003 November 3, 2003 (Noon) [] Administrative [] Legal c~a NATURE OF [] Announcement [] New Business --q AGENDA ITEM [] City Manager's Report [] Presentation o~ [] Consent Agenda [] Public Hearing :~ [] Code compliance/Legal Settlements [] Unfinished Business :_1: RECOMMENDATION: Please place this request on the October 21, 2003 City Commission Agenda"~derrn Consent Agenda. The Community Redevelopment Agency Board with a 4 to 2 vote, recommended that the subject requ&}~ be approved. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 03-234. EXPLANATION: PROJECT: Gateway Texaco (ZNCV 03-023) AGENT: Beril Kruger, Planning & Zoning Consultants OWNER: SUAU Enterprises LOCATION: 23 60 North Federal Highway DESCRIPTION: Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 21, Sign, Article III Section 5 requiring that all signs must meet a minimum ten (10) foot setback from the property line to the closest surface of the sign to allow a five (5) foot variance from the property line, resulting in a five (5) foot setback for an existing gas station business. PROGRAM IMPACT: -N/A FISCAL IMPACT: N/A ALTERNATIVES: . N/A ~ ~. _~_ ~ Del~oP~daen¥ D~'~a~te"fii ~kector C~ M~ger's Si~e Plannin~ ~d Zo~kector CiW A~omey / F~ance / H~ Reso~ces S:~lanning~DX~ROJECTSXGate~y Texaco~CV 03~10-03-017,23,24~g~da I~m Request Gateway Texaco ~CV 03-023 10-21-03.dot S:~ULLET~O~S~GENDA ITEM ~QUEST FO~.~ DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 03-234 STAFF REPORT TO: Chairman and Members Community Redevelopment Agency and City Commission THRU: Michael W. Rumpf Director of Planning and Zoning FROM: Maxime Ducoste Planner DATE: September 29, 2003 PROJECT NAME/NO: Gateway Texaco Variances Sign setback ZNCV 03-023 REQUEST: Relief from the City of Boynton Beach Land Development Regulations, Chapter 21, Signs, Article III. Section 5 requiring all signs must meet a minimum ten (10) foot setback from the property line to the closest surface of the sign to allow a five (5) foot vadance from the property line, resulting in five (5) foot setback for an existing gasoline dispensing establishment. PROJECT DESCRIPTION Property Owner: SUAU Enterprises Applicant/Agent: Mr. Bedl Kruger of Beril Kruger Planning & Consultants Location: 2360 N. Federal Highway Boynton Beach, FL Existing Land Use/Zoning: Community Commercial (C-3)/Local Retail Commercial (LRC) Proposed Land Use/Zoning: No change proposed Proposed Use: 681 square foot addition to gasoline dispensing establishment (limited to a maximum of 600 square feet by Condition of Approval for appeal -ADAP 02- 001). Acreage: 0.48 Acre (20,830 square feet) Adjacent Uses: (see Exh~it "A" - Location Map) North: A multi-family residential property, zoned Community Commercial (C-3); South: Right-of-way for Las Palmas Avenue, and farther south are single-family attached townhouses under construction (The Harbors), zoned Infill Planned Unit Development (IPUD); East: Vacant commercial lot zoned Community Commercial (C-3) currently under review for a proposed car wash, and farther east is a single-family residential dwelling (part of Las Palmas development), zoned Single-family residential, (R-I-AA); and Staff Report Memorandum No PZ-03-234 Page 2 West: Rights-of-way of U.S. 1 and the Flodda East Coast Railroad, and farther west developed commercial property classified Local Retail Commercial (LRC) and zoned Neighborhood Commercial (C-2). BACKGROUND Mr. Beril Kruger of Beril Kruger Planning & Zoning Consultants, agent for SUAU Enterprises Incorporated, is requesting conditional use / major site plan modification approval to construct a 681 square foot addition to an existing gasoline dispensing establishment. In addition, the applicant is proposing new parking spaces, a new access ddve that would lead to the property directly to the east, and a general "make-over" of the extedor facades of the gasoline station building and canopy. The number of gasoline pump islands and fueling positions would remain unaltered. The proposed 681 square foot addition to the gas station is considered as a conditional use in the C-3 zoning district. Also, the gas-station is a legal non-conforming use because it does not comply with Chapter 2, Section 11 .L.3.a.(2) due to the fact that gas stations may only be located at intersections "consisting of roads of four (4) lanes or wider". Earlier last year, Mr. Bedl Kruger, acting on behalf of Mr. Zuhair Marouf, expressed a desire to construct a building addition to the existing gas station, in part, to satisfy outstanding code enforcement violations. He also proposed direct access between the subject lot and the lot directly to the east (which was earmarked for a mechanical car wash) in order to minimize vehicular traffic onto Las Palmas Avenue. These inquiries were based on the presumption that the proposed addition would be allowed and that direct access would only require site plan review. However, after careful consideration, staff determined that the addition would not be permitted because it would represent an unlawful expansion of a non-conforming (a gasoline-dispensing establishment). To answer Mr. Kruger's inquiries, on July 16, 2002, the Director of Planning & Zoning issued an administrative determination letter that basically prohibited the applicant from increasing the size of the gas- station building because doing it would constitute a violation of Chapter 2, Sections D and G of the Land Development Regulations. Regarding the direct access between lots, the Director determined that the proposed ddveway connection between the subject lot and the lot directly to the east could be permitted. However, the direct access would only be allowed contingent upon the recordation of a legally binding cross- access agreement. On J,uly 31, 2002, Mr. Kruger addressed a letter requesting a formal appeal of the aforementioned administrative determination. According to the staff report, "in summary, the appeal justifies the proposed expansion by the position that retail sales at this business is a separate component from the non-conforming aspect-gasoline sales, which component can therefore be altered / expanded independent of the gasoline sales element of the business. The applicant disagreed with the applicant's position. The City Commission approved the appeal with the co. ndition that the expansion would be limited to 600 square feet. Therefore, this major site plan modification and accompanying variance requests represent the applicant's continuing effort to construct a building addition and mechanical car wash on the abutting property (see Exhibit "B" - Site Plan and Survey). If approved, the construction of the addition, parking lot, and facade improvements would occur in one (1) phase. ANALYSIS The code states that the zoning code variance cannot be approved unless the board finds the foll~)wing: a. That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other/ands, structures or buildings in the same zoning Staff Report Memorandum No PZ-03-234 Page 3 district. b. That the special conditions and circumstances do not result from the actions of the applicant. c. That granting the variance requested wi//not confer on the applicant any special privilege that is denied by this ordinance to other/ands, buildings, or structures in the same zoning district. d. 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. e. That the variance granted is the minimum variance that will make possible the reasonable use of the land, building, or structure. f. That the grantingof the variance wi//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 has conducted this analysis on with the assumption that based on the city's pdor approval of the administrative appeal regarding the increase in intensity of this non-conforming use, that the city has acknowledged the potential for revealing certain hardships and non-conformities to the site. Also, the analysis focused on the applicant's response to the above cdteda contained in Exhibit "C", which require that the request is initiated by special conditions and circumstances that are peculiar to the subject land, structure, or building, which are not the result of the actions of the applicant, and that the request is the minimum vadance that will make possible the reasonable use of the structure. The subject request has been initiated in preparation for the construction of an addition to the existing gas station business, which represents a major site plan modification. Through this process every aspect of the project is reviewed for compliance, if a requirement cannot be met, relief from the code may be required. As such, the applicant desires to maintain a freestanding sign at its existing location. The subject property has been improved with a gas station business, and occupied since 1965. Staff reviewed the site and determined that the request for a sign setback vadance of five (5) feet may not represent the minimum vadance necessary to maintain the site sign on the property. Staff acknowledged that the applicant could meet the sign setback as required by code. The sign can be move an additional five (5) feet to the east and two (2) feet to the north while maintaining the same orientation, and without interfering with the vehicular use area for the station. This scenario would meet both the code and maintain the same visibility for the applicant's business. Understanding that the subject request does not represent the minimum vadance that will make reasonable use of the structure, cdteda item "e" is not met. The overall objective of the Land Development Regulations is to insure the welfare and safety of the public by providing regulations and stand.ards in which to achieve consistent equitable developments. The intent of the sign setback is to provide reasonable visibility for a sign without interfering with visibility along a right-of-way. CONCLUSIONS/RECOMMENDATION Based on the analysis contained herein, Staff recommends that the requested vadance be denied, due to the lack of hardship, and due to the avoidable circumstance being created by the actions of the applicant. However, if approved any conditions of approval added by the Community Redevelopment Agency Board or the City Commission will be placed in the Exhibit "D" - Conditions of Approval. MD/MWR S:\Planning\SHARED~WP~PROJECTS~Gateway Texaco~NCV 03-010 thru 03-017, 023, 024 STAFF REP ZNCV 03-023 Sign setback,doc Location M ~p ~×,,~,~,,,,, Gateway Texaco ,SITE / R3~ --- EXHIBIT "C" T,ATEIV!.ENT OF SP C A.!_ CONDITIONS STATEMENT OF SPECIAL CONDITIONS A.. 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' There are special conditions and circumstances which exist and are peculiar to the land in this case. The gas station is existing and the only renovation to the pro"perty and building is to upgrade the exterior with new fascia, colors, landscaping, and textures so to make the gas station fit in with the neighborhood. The property is not big enough to place the driveways the proper distance from the intersection nor to move the gas islands or canopy. The number of driveways must remain due to the location of the fuel filling ports which the gasoline tankers must unload, there would not be enough room for them to leave the property with fewer drives. B. That the special conditions and circumstances do not result from the actions of the applicant: Special circumstances and conditions do not result from the actions of the applicant because he bought the property as it is. He is just trying to upgrade the exterior and landscaping to fit in with the changing neighborhood. C. 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: Granting these variances will not confer any special privileges that are denied by this ordinance to other lands within the same zoning district. D. That literal interpretation of the provisions of this chapter 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 undo hardship on the applicant: Literal interpretation and enforcement of the Ordinance would deprive the applicant of rights commonly enjoyed by other parcels in the same zoning district and would work an unnecessary and undue hardship on him because it would force him out of business. E. That the variance granted is the minimum vari--nce that wi':l make possible the reasonable use of the land, building or structure: '- '"' EXHIBIT "n" ',.~ Granting of these variances is the minimum variances that would make possible the reasonable use of the land and building. It would be impossible to operate this business and upgrade the exterior if these variances are not granted. By granting these variances, you are allowing this business to be upgraded with exterior finish and landscaping which will better fit in with the surrounding neighborhood. F. 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' Granting there variances will be in harmony with the intent and purpose of this chapter and that these variances will not be injurious to the area but an asset to the area. This business will not be a detriment to the neighborhood but the opposite, it will be an asset to the community. EXHIBIT "D" Conditions of Approval Project name: Gateway Texaco File number: Sign setback ZNCV 03-023 Reference: DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic Comments: None X UTILITIES Comments: None X FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: None X BUILDING DIVISION Comments: None X PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING Comments: None X ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD CONDITIONS Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT Comments: 1. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 1. To be determined. S 5PIanning\SHARED\WPXPROJECTS\Gateway Texaco~NCV 034) 104)34) 17,23,24\COA Sign setback ZNCV 034)23.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Gateway Texaco APPLICANT'S AGENT: Mr. Beril Kruger Planning & Zoning Consultants APPLICANT'S ADDRESS: 9 Northeast 6th Street Delray Beach, FL 33444 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: October 21, 2003 TYPEOF RELIEF SOUGHT: Sign setback ZNCV 03-023 Relief from the City of Boynton Beach Land Development Regulations, Chapter 21, Signs, Article III. Section 5 requiring all signs must meet a minimum ten (10) foot setback from the property line to the closest surface of the sign to allow a five (5) foot variance from the property line, resulting in five (5) foot setback for an existing gasoline dispensing establishment. LOCATION OF PROPERTY: 2360 North Federal Highway Boynton Beach, FL 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: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". 4. The Applicant's 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. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: City Clerk S:\Planning~SHARED\WP\PROJECTS\Gateway Te~aco~ZNCV 03-010-03-017,23,24\DO Sign setback ZNCV 03-023.doc V.-CONSENT AGENDA ITEM E.6 CITY OF BOYNTON BEAC1 AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] August 5, 2003 July 14, 2003 (Noon.) [] October 7, 2003 September 15, 2003 (Noon) [] August 19, 2003 August 4, 2003 (Noon) [] October 21, 2003 October 6, 2003 (Noon) [] September 2, 2003 August 18, 2003 (Noon) [] November 5, 2003 October 20, 2003 (Noon) L._[ September 16, 2003 September 2, 2003 (Noon) I I November 18, 2003 November 3, 2003 [] Administrative [] Legal NATURE OF [] Announcement [] New Business 21: AGENDA ITEM [] City Manager's Report [] Presentation ~:~ · ' [] Consent Agenda [] Public Hearing '~- [] Code compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Please place this request on the October 21, 2003 City Commission Agenda under Consent Agenda. The Community Redevelopment Agency Board with a 5 to 0 vote, recommended that the subject request be approved, subject to updating of parking tabular data, and a new condition requiring removal of the "knock-down" (detail) tent. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 03-2.09. EXPLANATION: PROJECT: Marouf's Car Wash (NWSP 03-011) AGENT: Beril Kxuger, Planning & Zoning Consultants OWNER: Zuhair Marouf LOCATION: 2360 North Federal Highway DESCRIPTION: Request for new site plan approval for a 1,311 square foot car wash on a 0.22- acre parcel in a C-3 zoning district. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES:~1~]/~~ N/A d~ Developme~l~pm4hae~t Director 's Si~e Plann~g and Zo~ct~r City Attorney / Finance / Human Resources JSSHRDATA~PLANNINGXSHARED\WP~PROJECTS\Gateway Texaco~larout's Car Wash NWSP 03-01 lLa, genda Item Request Maroufs car wash NWSP 03-011 10-21-03.dot S:'xBULLETIN~ORMSXAGENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 03-209 STAFF REPORT TO: Chairman and Members Community Redevelopment Agency and City Commission THRU: Michael Rumpf Planning and Zoning Director / FROM:. Eric Lee Johnson, AICP ~ Planner DATE: August 29, 2003 PRO.1ECT NAME/NO: Harouf Carwash / (NWSP 03-011) REQUEST: New Site Plan PRO]ECT DESCRIPTION Property Owner: Mr. Zuhair Marouf Applicant: Mr. Zuhair Marouf Location: A portion of lots 4 & 5 of Sam Brown Subdivision, approximately 137 feet east of U.S. 1, north of Las Palmas Avenue (see Exhibit"A"- Location Map) Existing Land Use/Zoning: Local Retail Commercial (LRC) / Community Commercial (C- 3) Proposed Land Use/Zoning: No change Proposed Use: Request site plan approval for the construction of automated carwash facility Acreage: 0.23 acres (9,908 square feet) Adjacent Uses: North: A multi-family residential property zoned Community Commercial (C-3); South: Las Palmas Road right-of-way, and farther south is residential property (The Harbors), zoned [nfill Planned Unit Development ([PUD); East: A single-family residential dwelling (Las Palmas development), zoned Single-family Residential (R-l-AA); and West: Developed commercial (Texaco Gas Station), zoned Community Commercial (C-3). Memorandum No PZ 03-209 Page 2 Site Characteristic: The subject property is currently zoned Community Commercial (C-3) and located in the Sam Brown Jr. Subdivision. The Sam Brown .Ir. Subdivision was platted in 1924 with typical lot sizes that varied between five (5) acres to ten (10) acres. Subsequent to platting, some of the original parcels had been subdivided to create smaller parcels. The subject property is a rectangular-shaped tract of undeveloped land located in Planning Area Number 1 of the Federal Highway Corridor Study. On May 15, 2001, the City Commission approved a variance (ZNCV 01-008) to allow ., the development of a carwash facility on this 9,908 square foot parcel in lieu of the \ 15,000 square foot minimum lot area required by the C-3 zoning district. The survey shows that a Royal and Sabal Palm tree are located on the property. BACKGROUND Proposal: Hr. Beril Kruger of Beril Kruger Planning & Zoning Consultants is requesting new site plan approval to construct an automated car wash and an accessory "knock- down tent area" on the above-referenced lot (see Exhibit "B" - Site Plan). A car wash is a permitted use in the C-3 zoning district. The site had been previously approved for an automated mechanical carwash in January 2002 (NWSP 01-017). However, the applicant never secured the permits for the project and the site plan subsequently expired. A request for site plan time extension was never submitted. As currently proposed, the structure would be comprised of a wash bay, storage area, and bathroom. According to the applicant, one (1) employee would be present on-site during regular business hours to collect money for the car-wash service and provide detailing service in the "wash-down' tent area. Although the property owner proposing the carwash is the same owner as the abutting property to the west (gas station), this project is considered separate from the gas station. This lot could be sold to another party in the future. The project would be built in one (1) phase. ANALYS]$ Concurrency: Traffic: A traffic statement was sent to the Palm Beach County Traffic Division for concurrency review in order to ensure an adequate level of service is maintained. The Traffic Division has determined that the project meets the Traffic Performance Standards of Palm Beach County. Drainage: Conceptual drainage information was provided for the City's review. As is customary, the Engineering Division has found the conceptual information to be adequate and they are recommending that the review of specific drainage solutions be deferred until time of permit review (see Exhibit "C" - Conditions of Approval). School: School concurrency is not required for this type of project. Driveways: The project intent is to have a fully automated carwash for customers who would remain in their vehicles as they drive through the structure. When the project was reviewed last year, the City Commission approved the project with a condition Memor3ndt;m No P~- 03-209 Page 3 stipulating, "City staff and project designer shall work together to attempt to redesign the project driveway to discourage left-out movement". The site plan (sheet 1 of 4) shows a driveway is proposed on Las Palmas Avenue. This driveway would allow for vehicular egress only. ]~n compliance with the City Commission condition, it has been designed at an angle in an effort to direct motorists exiting the site into right-turn (west) movement. This is also illustrated by the "right-turn" pavement markings shown on the site plan. ,, The point of ingress is proposed at the northwest corner of the lot. This driveway is the only point of ingress. The project requires a cross-access agreement (approved by the City Attorney's office) due to the fact that no access is provided on a public / private right-of-way. The successful execution of a cross-access agreement would be required prior to the issuance of a building permit (see Exhibit "C"- Conditions of Approval). The site plan shows a "Do Not Enter" sign would be provided at the point of egress on Las Palmas Avenue. To discourage vehicles from entering the tot from Las Palmas Avenue (because that driveway opening is for exit-only), staff recommends moving the monument sign and relocating it to an area closer to the true entrance of the lot (see Exhibit "C" - Conditions of Approval). Parking Facility: According to Chapter 2, Section 11.H.5, no fewer than four (4) parking spaces shall be provided for any non-residential use. However, the Land Development Regulations do not specifically address the parking requirements for automated car wash facilities. It is staff's determination that the site plan meets the intent of the Code based on the use, characteristics, and performance of an automated carwash facility. Customers remain inside their vehicles and exit the site without the need for on-site parking, similar to accessory carwashes of contemporary gas stations. According to the applicant, the nature and operation of said business requires one (1) on-site employee to monitor, handle, and accept payment for service. Only one (:[) parking space is necessary to accommodate this employee. 1;t is the intent to discourage individuals'from parking their cars at the facility, walking to and from the gas station, and working on their cars (detailing, washing, vacuuming, etc.) on the subject property. Limiting the amount of on-site parking would minimize potential impacts to the adjacent residential neighborhood. Also, no pedestrian traffic is anticipated to result from a vehicular carwash. The site plan proposes two (2) parking spaces in part, to comply with ADA requirements. If no employee parking were proposed, then there would be no need for the handicap space. Landscaping: As previously mentioned, the survey shows that the subject lot contains a Royal and Sabal palm tree. These trees would be relocated elsewhere on the site. The proposed landscaped (pervious) area would be 1,809 square feet or 18.25% of the site. The landscape plan plant list (sheet L-l) shows that the front (south) landscape buffer would be approximately seven (7) feet in width. This landscape buffer would contain Pigeon Plum, Sabal palm trees and Yellow Elder trees with a row of Indian Hawthorne and Ixora "Nora" Grant shrubs installed at the base. The side (east) landscape buffer, which abuts a single-family residential neighborhood would be at least five (5) feet in width and contain clusters of three (3) Sabal palm trees. It would also contain a row of Green Buttonwood hedges, installed along the interior of the six (6) foot high buffer wall. This buffer wall would be finished and Mem3randum No PZ 03-209 Page 4 painted on both sides. Staff recommends incorporating cornices, score lines, and caps into the design of the wall (see Exhibit "C" - Conditions of Approval). The rear (north) landscape buffer would be approximately five (5) feet in width. It too would have the six (6)-foot high buffer wall and shrubs planted at the base. This buffer would have Sabal palm and Dahoon Holly trees. The side (west) buffer would have clusters of Sabal palms and two (2) Royal palm trees. Building and Site: The building and site design as proposed would generally meet code requirements when staff comments are incorporated into the permit drawings. The proposed automated car wash has been designed as a one (1)-story structure. The maximum building height in the C-3 zoning district is 45 feet. Although not dimensioned, the proposed building would be approximately 16 feet tall, measured at the mean roof height. The top of cupola would be 24 feet - four (4) inches in height. These height increments need to be shown on the elevations (sheet 3 and 4 of 4). In any case, the proposed building would comply with the zoning district's height limitations (see Exhibit "C" - Conditions of Approval). The required front setback in the 6-3 zoning district is 20 feet; the plan provides over 32 feet. The required side setbacks are zero (0) feet on the west side and 30 feet on the east side; the plan provides two (2) feet - six (6) inches and over 30 feet respectively. The required rear setback is 20 feet; the plan provides over 44 feet. The Land Development Regulations requires a buffer on a commercial property where it abuts residential property. As previously mentioned, the applicant would provide a six (6)-foot high buffer wall along the north (rear) and side (east) property lines. According to Chapter 2, Section 4.L., the buffer wall is required to be located at least two (2) feet from the property line (to allow for maintenance). However, the property directly to the east has a five (5) foot high buffer wall (along its west property line). With the buffer wall proposed on the subject property, the plan complies with code. However, complying with code would create a situation where there would be a two (2) foot wide gap between the subject property's proposed buffer wall and the existing buffer wall (on the abutting property to the east), instead of applying for a variance, staff recommends that the applicant work with the abutting property owner to see if there may be mutual interest in removing the existing wall (on the abutting property) and constructing a new decorative wall on the subject property (see Exhibit "C" - Conditions of Approval). The survey shows that there is no sidewalk along Las Palmas Avenue. However, according to Chapter 6, Article IV, Section :t0.T of the Land Development Regulations, a sidewalk is required within this right-of-way. A sidewalk would also be required within the right-of-way (of Las Palmas Avenue) in front of the abutting property to the west (existing gas station COUS 03-007). The applicant submitted an administrative waiver to this requirement arguing that there are no other sidewalk segments along Las Palmas in which to connect. However the Engineering Division subsequently denied the request. Therefore, the applicant is appealing the administrative decision to the City Commission. The applicant is proposing a rolling gate along Las Palmas Avenue. This gate would be in the closed position when the business is not in operation. Staff Memorandum No PZ 03-209 Page 5 recommends installing another rolling or swing gate at the lot's ingress (see Exhibit "C" - Conditions of Approval). This would keep motorists from entering the site after business hours to find that they could not egress onto Las Palmas Avenue from the car wash lot. This additional restricted entry would help to avoid potential confusion and loitering after business hours. Design: As previously mentioned, the proposed building would be one (1) story tall. The design of the building is to resemble a single-family residence in order to blend .,, with the adjacent residential neighborhood. The elevations show that the carwash opening would be :tO feet in height by 12 feet in width. This drive-through feature would resemble the garage of a single-family home. At night when the business is closed, the drive-through opening would have a metal door. The "front" door would be seven (7) feet tall and three (3) feet wide. [t too, would be made of metal but painted green (Chrome Green). A decorative cupola with plastic slats and green metal is proposed on top of the pitched, white (Brilliant White) cement tile roof. Decorative score lines would be throughout the south, east, and west building facades. The proposed building color is gray with a green accent color. Signage: The applicant is proposing one (1) monument sign to be located in the southwest corner of the site. The elevation shows that it would be five (5) feet - six (6) inches in height and six (6) feet wide. The sign's letter colors are undetermined at this time. This information would be required prior to the issuance of a building permit (see Exhibit "C" - Conditions of Approval). The location of the sfgn, however, does not comply with the setback requirements. :It needs to be located at least l0 feet from the property line. As previously mentioned, staff recommends relocating the monument sign away from Las Palmas Avenue to discourage motorists from incorrectly accessing the site from Las Palmas or from making U- turns. RECOI~IMENDA'I'~ON: The Technical Review Committee CTRC) has reviewed this request for new site plan approval. Staff recommends approval, contingent upon all comments indicated in Exhibit "C" - Conditions of Approval. Any additional conditions recommended by the Board or City Commission shall be documented accordingly in the Conditions of Approval. S:\Planning\Shared\Wp\Projects\Gateway Texaco\Harouf's Car Wash NWSP 03-0:ti\staff report.doc LOCATION MAP Zuhair Marouf Proposed Car Wash EXHIBIT "A" -- . i. i - ~' ~F"'~:~L; i, ~ -'- /:/ri" .......... '""~'~:!:'"~ f~)'':''" '~'' ~'' ~ ~ ..... ~ / ' ..: ~F ~ '--. -- ~ ) '" ' j ;'~: ~ ':: · .-"-7.' ~ :' I',r%~ ~ ., i:: CAR WASH ,~o:,:, ,,,,, EXHIBIT !'B" EXHIBIT "~'~ I" ~ -' ~ I _~ .'! MAROUF'S CAR WASH EXH ~3!T B EXHIBIT "B" - ":-<'.=~ ';': ~d i ,-:;--':'~ ;i :,:, ii,',. :'-~ i :" ~ · ..... ' ' :., :~ ,! ~,.-'-,i-' " -.- = - *:"'-:i' ..... "=" i i-. -, , ;,., ,-: · ,.--,~., ; ~,, i, .. -:',; I -! :,ll:,,t::i, ' "'": "'~:" "- , !114:1-~i: ~.:.l~-I " ~" ':": ' .... .~:.~.,.~,.,L,,-,.,.,.I .,,,,,,,,,. ~,,,,,,!,,,,,.t !lli ~., .i,-' --' · . t..o.!1 -~1 '-~' ~ ' il 1;;:~-'1.· ;, jllJi Il ilp ! ~t !!I '",. ';:', ";",' ;"'- I,, I~ t ~., :t ~ ni~ij ~t 'iI~ii I ~ ,, ~ ,::1 i, ":' :' ' ' I j~ r ~1 i ij' i - t.: ' ~~:..i ~ -'-"~'= "' '~ ;~ '--' : .T: - -- ~-.- ........ ~ _ .. .-.~.,.., . ........:.::..-.-,---._.-..=-_- , EXHIBIT "B" II,~f iii , Il' ' ' ~8 , , '; Illll .-~i ~ lt~ '~li!' .o ' ' ~11 'h' ,. ~ · ~ i~i ~ !~1~ d~:. ,4,'i ,' ' ~ ,,-, ~ ~1 "' ~"~ ~I ~ ~i ~il"";" ' ~ ~ ] H. Burton Smith, P.E. S~TE DEVEmPMEm Dmlm ~ ~: ~ ~' ~'~'*~).~,,~ '~*m M~UF :~n WASH EXHIBIT "B" EY_, _H_.IBIT "B" EXHIBIT "C' Conditions of Approval Project name: Marouf's Car Wash File number: NWSP 03-011 Reference: 2nd review plans identified as a New Site Plan with a September 16, 2003 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS - General Comments: 1. Prior to permit application, contact the Public Works Department (561) 742- X 6200 regarding the storage and handling of refuse. 2. Indicate in your response how solid waste will be handled at this site, by X rollout cart or dumpster. If the expected level of trash cannot be handled by rollout cart, a dumpster enclosure will be required and shall be constructed in accordance with City Standard Drawing G4. PUBLIC WORKS - Traffic Comments: 1. Provide a copy of the thirteen (13) foot ingress/egress easement through the X Gateway Texaco station for review and approval and reflect it on the site plan. 2. Provide complete detail(s) for handicap parking, using City Standard X Drawings K-3 and K4. UTILITIES Comments: 3. Palm Beach County Health Department permits may be required for the water X and sewer systems serving this project (CODE, Section 26-12). 4. Fire flow calculations will be required demonstrating City Code regulations X of 1,500 g.p.m, as stated in Chapter 6, Article IV, Section 16, or the requirement(s) imposed by insurance underwriters, whichever is greater. 5. The CODE, Section 26-34(E) requires that a capacity reservation fee be paid X for this project either upon the request for the Department's signature on the Health Department application forms or within 30 days of site plan approval, whichever occurs first. This fee will be determined based upon final meter size, or expected demand. 6. Utility construction details as shown on the Site Development Detail sheet 3 X of 3 will not be reviewed for construction acceptability at this time. All utility construction details shall be in accordance with the Utilities Department's COA 10/09/03 2 DEPARTMENTS INCLUDE REJECT "Utilities Engineering Design Handbook & Construction Standards" manual; they will be reviewed at the time of construction permit application. ENGINEERING DIVISION Comments: 7. Proof of other agency permits shall be required prior to the issuance of the X paving and drainage permit. 8. The scale of the landscape plan shall match that of the site plan (Chapter 4, X Section 7.C. 1.). The use of a 1:10 scale is preferred. 9. The Pink Tabebuia (proposed east of the driveway) shall be relocated after X revising the sight triangles. 10. Sidewalks shall be four (4) feet wide along local streets, and five (5) feet wide X along streets of higher classification (LDR, Chapter 6, Article IV, Section 10.T., and Chapter 22, Article I, Section 5). 11. Sidewalks shall meet or exceed State Handicap Code requirements and X comply with the Standard Building Code and amendments thereto (LDR, Chapter 23, Article II, Section K). 12. Sidewalks adjacent to parking lots shall be continuous through all driveways X and shall be six (6) inches thick within driveways (LDR, Chapter 23, Article II, Section P). 13. Full drainage plans in accordance with the LDR, Chapter 6, Article IV, X Section 5 will be required at the time of permitting. 14. Will the existing masonry wall on the adjacent property (to the east) be X removed prior to construction of the new six (6) foot masonry wall? If the existing 70 feet of six (6) foot wall on the abutting property (shown on the survey) is not to be razed, obtain approval of the property owner to tie into that wall. If the new privacy wall must be constructed, then arrangements should be made to remove the existing wall, otherwise there will be two (2) six- foot walls with approximately three (3) feet between them. 15. Paving, Drainage and Site details as shown on the Site Development Detail X sheet 3 of 3 will not be reviewed for construction acceptability at this time. All engineering construction details shall be in accordance with the applicable City of Boynton Beach "Engineering Design Handbook & Construction Standards" manual and will be reviewed for constmctability at the time of construction permit application. FIRE COA 10/15/03 3 DEPARTMENTS INCLUDE REJECT Comments: None X POLICE Comments: None X BUILDING DIVISION Comments: 16. Buildings, structures and parts thereof shall be designed to withstand the X minimum wind loads of 140 mph. Wind forces on every building or structure shall be determined by the provisions of Chapter 6 of ASCE 7, and the provisions of Section 1606 (Wind Loads) of the 2001 FBC. Calculations that are signed and sealed by a design professional registered in the state of Florida shall be submitted for review at the time of permit application. 17. At time of permit review, submit signed and sealed working drawings of the X proposed construction. 18. A water-use permit for the irrigation system is required from the SFWMD. A X copy of the permit shall be submitted at the time of permit application, F.S. 373.216. PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: 19. The applicant must indicate on the landscape plan the existing trees / X vegetation that will be preserved, relocated or removed / replaced on the site. A separate symbol should be used on the landscape plan to identify these trees / vegetation (Tree Legend) (Chapter 7.5, Article II Sec. 7.C.). 20. The Las Palmas road right-of-way must receive Floritam sod and irrigation X (Chapter 7.5, Article II Sec. 7.C.). PLANNING AND ZONING Comments: 21. The City Commission must approve the adma'nistrative appeal to the denial of X the sidewalk waiver or provide sidewalk as required. COA 10/09/03 4 DEPARTMENTS INCLUDE REJECT 22. As per the past City Commission condition: the hours of operation shall be X limited to day light hours (due to lack of site lighting), not to exceed 7:00 a.m. to 7:00 p.m. 23. As per the past Community Redevelopment Agency Board condition: no X sound system shall be on the property for music or communication with employee or customer that would be audible from the adjacent residential properties. 24. As per the past Community Redevelopment Agency Board condition: the X proposed parking space shall be limited to employee parking and not used for vehicle servicing. 25. Construction of the new buffer wall (along east property line) shall be X completed prior to the issuance of a certificate of occupancy or certificate of completion (Chapter 2, Section 4.L.). 26. All height dimensions, including mean roof height and top of cupola, need to X be shown on the elevations. 27. Ensure that all the proposed plant quantities correspond between what is X shown on the graphic illustration and its corresponding plan list on sheet "L- ,,. 28. The proposed monument sign must be located at least 10 feet from the X property line (Chapter 21, Article III, Section 5). Either eliminate the monument sign or relocate it elsewhere on-site to comply with code. Staff recommends relocating the structure away from Las Palmas Avenue since the subject lot's ingress is proposed at the northwest comer of the site. 29. The base of the proposed monument sign shall be enhanced with colorful X groundcover plants and a minimum of two (2) colorful shrub species (Chapter 7.5, Article II, Section 5.0.). 30. On the monument sign, indicate the anticipated letter colors (Chapter 9, X Section 10.F.). 31. Staff recommends installing security gates at all points of access on the X subject property. 32. Instead of applying for a wall variance, staff recommends that the applicant X work with the abutting property owner (to the east) to raze the existing wall (on the abutting property) and construct a new wall in its place on the subject property. 33. Staff recommends that the buffer wall (along the east property line) be X enhanced with score lines, comices, and caps. ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY COA 10/15/03 DEPARTMENTS INCLUDE REJECT COMMENTS: Comments: 34. The required number of parking spaces (two spaces) shall be correctly X indicated in the site plan tabular data. 35. Eliminate the "knock-down" detail tent. X 36. Comment #21 to be rejected as applicant has agreed to install sidewalk as X required by staff. ADDITIONAL CITY COMMISSION COMMENTS: Comments: 37. To be determined. ELJ S:\Planning\Shared\Wp\Projects\Gateway Texaco\Marouf's Car Wash NWSP 03-01 l\COA.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Marouf's Car Wash APPLICANT'S AGENT: Mr. Beril Kruger- Beril Kruger Planning & Zoning Consultants APPLICANT'S ADDRESS: 9 Northeast 16th Street, Delray Beach, FL 33444 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: October 21, 2003 TYPE OF RELIEF SOUGHT: Request new site plan approval for the construction of a mechanical car on a 0.23-acre lot in the C-3 zoning district LOCATION OF PROPERTY: 2360 North Federal Highway 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 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: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant __ HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth On Exhibit "C" with notation "Included". 4. The Applicant's 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. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: City Clerk S:~Planning\SHARED\WpgoROJECTS\Gateway Texaco\Marouf's Car Wash NWSP 03-011\DO.doc V.-CONSENT AGENDA ITEbl E.7. CITY OF BOYNTON BEAC] AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Tumed Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] August 5, 2003 July 14, 2003 (Noon.) [] October 7, 2003 September 15, 2003 (Noon) [] August 19, 2003 August 4, 2003 (Noon) [] October 21,2003 October 6, 2003 (Noon) [] September 2, 2003 August 18, 2003 (Noon) [] November 5, 2003 October 20, 2003 (Noo~_.] [] September 16, 2003 September 2, 2003 (Noon) [] November 18, 2003 November 3, 2003 (No~ [] Administrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Please place this request on the October 21, 2003 City Commission Agenda under Consent Agenda. The Community Redevelopment Agency Board with a 5 to 0 vote, recommended that the subject request be approved. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 03-225. EXPLANATION: PROJECT: Sunbelt Hydraulics (SPTE 03-003) AGENT: Joseph Houston Kerns Construction, Inc. OWNER: C & C Realty Investments LOCATION: Lot 9 West Industrial Avenue DESCRIPTION: Request for a one (1) year site plan time extension for a one (1)-story, 12,480 square foot industrial building with related parking for a business that service track bodies on a 1.44- acre parcel in the M-1 zoning district. PROGRAM IMPACT: 'N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A Develb~ment lD~p~t~'nt Dlrector ' City Manager's'Signature Planning and Zonmg~)itVector City Attorney / Finance / Human Resources S:XPlanning~SHARED\WPXPROJECTS~unbelt Hydraulics~PTE 03-003~Agenda Item Request Sunbelt Hydraulics SPTE 03-003 10-21-03.dot S:XBULLETIN~ORMS~AGENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 03-225 TO: Chairman and Members Community Redevelopment Agency THRU: Michael Rumpf- Director of Planning and Zoning FROM: Eric Lee Johnson, A[CP Planner DATE: October 2, 2003 PROJECT: Sunbelt Hydraulics / SPTE 03-003 REQUEST: Site Plan Time Extension PRO3ECT DESCRI'PT~ON Property Owner: C & C Realty Investments Applicant/Agent: Mr. Joseph F. Houston with Kerns Construction, Incorporated Location: Lot 9 of Boynton Beach ~[ndustrial Park North(see Exhibit "A" - Location Hap) Existing Land Use / Zoning: Industrial (:[) / ]~ndustrial (M-l) Proposed Land Use/Zoning: No change proposed Proposed Use: A one (].)-story, ].2,480 square foot industrial building with related parking for a business that services truck bodies Acreage: ]..44 acres (62,730 square feet) Adjacent Uses: North: Developed industrial property (Dock & Deck Lumber Company) with an Industrial ([) land use designation, zoned ~ndustrial (M-l); South: Vacant industrial property (approved for Vermeer Southeast Sales) with an Industrial (I) land use designation, zoned Industrial (M-l) East: Right-of-way for C.S.X. Railroad, then farther east is right-of-way for Interstate 95; and West: Right-of-way for West ]Industrial Avenue, then farther west are single-family homes with a Low Density Residential (LDR) land use designation, zoned Single-family Residential (R-].-A). . Page 2 Memc;andum No. PZ 03-225 BACKGROUND Hr. Joseph Houston of Kerns Construction, agent for Sunbelt Hydraulics and C 8, C Realty ]~nvestments is requesting a one (].)-year time extension on the new site plan approval (NWSP 02-008) originally granted on August 6, 2002. According to the previous staff report (Memorandum PZ 02-].28), the subject site was pre-cleared and predominately vegetated with a variety of overgrown grasses. There is no other vegetation of any significance on-site. The subject property is surrounded by other industrial uses, and zoned M-t. The north property line is partially screened by a chain link and wooden fence. The project was approved for a ].2,480 square foot building. The proposed business, Sunbelt Hydraulics, would be engaged in the installation and maintenance of (garbage) truck bodies and the repair of their seals, hoses, and hydraulic systems. The required parking was based on the ratio of one (1) space per 500 square feet of gross floor area. The site plan was approved for one (].) point of ingress / egress off of West fndustrial Avenue. This driveway was to be located at the southwest corner of the site. The intent was for Sunbelt Hydraulics to share this driveway with the property to the south. The property to the south, Vermeer Southeast Sales (NWSP 02-0].3), was approved on lots 6, 7, and 8 of Boynton Beach ~[ndustrial Park North for the construction of a ].4,222 square foot building. Vermeer Southeast Sales is a business that services and sells construction machinery. Both Sunbelt Hydraulics and Vermeer Southeast Sales would share the driveway that is proposed on West Industrial Avenue. If this request for site plan extension for Sunbelt Hydraulics were approved, the expiration date of Sunbelt Hydraulics' site plan would be extended to August 6, 2004. ANALYSTS On August 6, 2002, the City Commission granted site plan approval for the above referenced project. The Palm Beach County Traffic Division's Traffic Performance Standards Review was approved with a build-out year of 2002. The applicant submitted a revised traffic impact statement with this request for site plan time extension. The revised traffic impact statement (with a build-out date of 2004) was approved by the Palm Beach County Traffic Division. In any event, the 24 conditions of approval for the original project would still apply with this request for site plan time extension. According to Chapter 4, Section 5 of the Land Development Regulations, "the applicant shall have one (].) year to secure a building permit from the Development Department". It states further that the City Commission may extend the approval for one (1) year provided that the applicant has filed a request for a time extension prior to the expiration of the original approval. In this case, the applicant has met the requirement. The Planning & Zoning Division received the application for this site plan time extension on July 30, 2003, prior to the expiration date. On February 20, 2003, the applicant submitted drawings (Permit #03-0553) for the building and irrigation well (Permit #03-].452). Building Division staff reviewed the permit application and prepared comments to the applicant. A request for a time extension for the building permit application was submitted on August 6, 2003 and set to expire on November 4, 2003. Also, the applicant stated in their site plan extension application that, "the budget for the project was reviewed and adjusted to reflect changes incorporated during the approval process and necessitated by existing site conditions. As a result of some of these changes, the adjustments to the budget impacted the project to the extent that the financial viability of the project became questionable. As a result, the owner found it necessary to suspend the project until he was able to work out the necessary financing". Page 3 MemorandJm No. PZ 03-225 RECOMMENDATION Staff recommends approval of this request for a one (1)-year time extension of the site plan approval (NWSP 03-003). This recommendation is based on the "good faith" effort shown to build the project (while in the permitting process) and that an updated traffic impact statement was approved with a build- out year of 2004. Furthermore, no changes have been made to the Land Development Regulations that would impact this project since it was approved in 2002. Approval of this request for site plan extension would extend the project's expiration date to August 6, 2004. All conditions of approval included in the initial development order must still be satisfactorily addressed during the building permit process. Any new conditions of approval recommended by the Board or required by the City Commission will be placed in Exhibit "C" - Conditions of Approval. Staff would not support a second extension, if so requested, due to the upcoming rewrite of the Land Development Regulations. The site plan would be required to meet all new regulations at that time. S:\PIanning\Shared~Wp\Projects\Sunbelt Hydraulics\SPTE1Staff Report.doc Locstion Map EXHIBIT"A" Sunbelt Hydraulics - ___ ~ R2 ! ~ ' daw 800 1200 1600 Feet w E,,,,HIC '¥ _ B EXHIBI, ~ ./ ~.~ .~~_ ~li." ~ , itl [ !i il l~,~ ~-~'.':,~:~',~ ~li! ill ., · !~1tI,~!~;! ~i~l, i~ll~ ~ ~ I~-:- ~"~:'-': Ii-- ~l~l~!,it~ ' -%' t~~ I~.t -i'l~tltl~i i~ "i~ , tl, ~ .~. ,;. '~ · ~,.~. ,-- . "' ;.'~'.,~~i ii! !~i "~'~ ..... ' ........ ~ ..... :~h~hl '~ ' ~ ~i' '--- "' .......... ' EXHIBIT "C" Conditions of Approval Project name: Sunbelt Hydraulics File number: SPTE 03-003 Reference: Application received July 30~ 2003 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 BUILDING DIVISION Comments: None X PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING Comments: None X ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY Comments: 1. None X ADDITIONAL CITY COMMISSION COMMENTS Comments: 2. To be determined. S :XPlanning~Shar~hWpXProlect~XS unbelt Hydrnulic~S PTE\COA.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME · Sunbelt Hydraulics APPLICANT'S AGENT: Mr. Joseph F. Houston with Kerns Construction, Incorporated APPLICANT'S ADDRESS: 2720 Windsor Avenue, West Palm Beach, FL 33407 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: October 21, 2003 TYPE OF RELIEF SOUGHT: Request site plan time extension for a 12,480 square foot industrial building on 1.44 acres in the M-1 zoning district, including a one (1) year time extension of the site plan approval granted on August 6, 2002 (an extension to August 6, 2004. LOCATION OF PROPERTY: Lot 9 of Boynton Beach Industrial Park North 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 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: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". 4. The Applicant's 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. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: City Clerk S:\Planning\Shared\Wp\Projects\Woolbdght Plaza\SPTE 03-O01\DO.docS:\Planning\Shared'~Wp\Projects~unbelt Hydraulics~SPTE~DO.doc V.-CONSENT AGENDA ITEM F. CITY OF BOYNTON BEAC AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] August 5, 2003 July 14, 2003 (Noon.) [] October 7, 2003 September 15, 2003 (Noon) [] August 19, 2003 August 4, 2003 (Noon) [] October 21,2003 October 6, 2003 (Noon) [] September 2, 2003 August 18, 2003 (Noon) [] November 5, 2003 October 20, 2003 (Noon) [] September 16, 2003 September 2, 2003 (Noon) [] November 18, 2003 November 3, 2003 (Noon) [] Administrative [] Legal NATURE OF [] Announcement [--I New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unfinished Business :~: RECOMMENDATION: EXPLANATION: Authorize payment to Vila & Son in the amount of $10,760 for Boynton Terrace Neighborhood Landscaping. PROGRAM IMPACT: Redevelopment project in conjunction with the Heart of Boynton Community Redevelopment Plan. FISCAL IMPACT: Funds budgeted in Acct. 001-2417-55949-65 Budget $44,051t Expenses Y-T-D 31~053 Balance $13,005 ALTERNATIVES: None - Work is already complete. Department Head's Signature City Manager's Signature Department Name City Attorney / Finance / Human Resources S:~BULLETIN~ORMSXAGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH C I TY COMMI S S ION AGENDA APPROVAL OF BILLS OCTOBER 21, 2003 1. Vila & Son Landscaping Corp ............................................................. 10,760.00 Pay from other current charges/neighborhood grant program ................................................................................... 001-2417-559-49-65 THESE BILLS ARE APPROVED AND VERIFIED FOR PAYMENT BY THE DEPARTMENT HEADS INVOLVED. DIANE REESE, FINANCE DIRECTOR DIRECT PAYMENT REQUISITION PLEASE RETURN CHECK TO DEPT. Please issue a check in the amount of $ 10,760.00 Call 6029 for PICKUP. THANK YOU. To: Vila & Son Landscaping Corporation 1930 D Road Loxahatchee, FL 33470 For: Landscaped Boynton Terrace entrance way. Redevelopment project in conjunction with the Heart of Boynton Community Redevelopment Plan. Requested by NEIGHBORHOOD PROJECT SPECIALIST DateSeptember 15, 2003 ~,pprovals: Dept. Head FUNDIDEPT BASIC ELE OBJ AMOUNT 362- 4-2-1--1-~--0'3- "3-4-' ' $10,760.00 Finance Dept. City Manager 1~00. Road * Loxahatchee, FI 3~70 (561) 765-3070 * F~ {561) 795-3879 -- ____~AMOUNT DESCRIPTION PROPOSAL September 11, 2003, 2003 TO: City of Boynton Beach Attention: ban DeCarlo 100 East Boynton Beach Blvd Boynton Beach, Florida 33425 FROM: Craig Cowden RE: Boynton Terrace Neighborhood Please accept our proposal for the following work: Irrigation and planting along sidewalk as per drawing dated 8/11/03 Zrrigotion system (attached to line provided) $3,800.00 Provide and plant: 8 Royal palms 10 ft G.W. (#78) 4800.00 90 Bush Rhuellia 3 gal (#172) !080,00 90 Trinette 3 gal (#t72) 1080.00 TOTAL $10,760.00 Please do not hesitate to give me ~ c~ll should you hove ony questions- or require further assistance. Respectfully Submitted, Craig Cowden V.-CONSENT AGENDA ITEM G. CITY OF BOYNTON BEA( AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Tumed Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] .August 5. 2003 July 14, 2003 (Noon.) [] October 7, 2003 September 15. 2003 (Noon) [] August 19, 2003 August 4, 2003 (Noon) [] October 2l, 2003 October 6, 2003 (Noon) [] September 2, 2003 August 18.2003 (Noon) [] November 5, 2003 October 20, 2003 (Noon) [] September 16, 2003 September 2, 2003 (Noon) [] November 18, 2003 November 3, 2003 (Noon) [] Administrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing -...-~ .~:, ~'~- [] Code compliance/Legal Settlements [] Unfinished Business .. RECOMMENDATION: Release of a cash bond of $27,470.00 to DenBesten & Bokhoven, LTD. for the project known as Vermeer Southeast Sales and Service, Inc. EXPLANATION: On March 28, 2003, the Building Division sent to the Finance Department a cash bond of $27,470.00 for the completion of the pernmtted work for the project known as Vermeer Southeast Sales and Service, Inc. located at 1060 West Industrial Avenue. The work has been completed and the Certificate of Occupancy has been issued. PROGRAM IMPACT: None FISCAL IMPACT: None ALTERNAT~ Quintus~. Greene,~Development Director City Manager's Signature Development Department Department Name City Attorney / Finance / Human Resources S:\BULLETINLFORMSV~GENDA ITEM REQUEST FORM.DOC DenBesten & Bokhoven, LTD OrlaP~tOd;,B;~(° r5i~ 5a336278 5 5 . :~1~'~ Mr. Don Johnson C.B.O. City of Boynton Beach Post Office Box 310 Boynton Beach, Florida 33425-0310 Dear Mr. Johnson: Subject: Refund of Cash Surety Deposit 1060 West Industrial Avenue Please refer to Building Permit Number 02-3667 for which Temporary Certificate of Occupancy was issued on March 24, 2003 with required Cash Surety Bond in amount of $27,470.00 posted. Permanent Certificate of Occupancy was issued July 24, 2003 with stipulation that certain cooperative agreements with adjoining property owners must be amended to satisfaction of City of Boynton Beach legal department. These amendments were recorded at Palm Beach County Records Office on August 21, 2003 and today we have received notice of acceptability from Mr. Michael W. Rumpf. Please consider this correspondence as request for reimbursement of our surety deposit. We recognize that this must be approved by you personally and processed through City Commission for release of funds. Your handling of this matter at earliest convenience will be greatly appreciated. Thank you for your assistance through our project. Merle DenBesten. Partner ~ 1 ~ [;~ "' EXHIBIT "A" DEPARTMENT OF DEVELOPMENT BUILDING DIVISION MEMORANDUM NO. 03-059 TO: Diane Reese, Finance Director Don Johnson, Building Official~t~?~ FROM: DATE: March 28, 2003 SUBJECT: CASH BOND - VERMEER SOUTHEAST SALES AND SERVICE, INC. - 1060 WEST INDUSTRIAL AVENUE Attached is a check for $27,470.00 from Den Besten & Bokhoven LTD. This is a cash surety for Vermeer Southeast Sales and Service, Inc. and is to be held until all outstanding issues of their temporary 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 Occupancy, the surety will be returned. DJ:rs Attachments/letter from Kenneth H. Kruger, P.E. and check XC: Timothy K. Large, Building Code Administrator Permit File # 02-3667 EXHIBIT "B" S:XDevelopment\BUILDING'uMemos\Cash Bonds - 2003\Cash Bond - Vermeer.doc ? ' ' '- , . "L. ',/" -, , ~ ',. ,. ,-k~.'~'~ .' ,, . -~q~,=~~,~(~,,'"-',<1 ~ ~ 1~ "~'-~:"~ '.-~'~' -'~ .'. . - ',': '. -,-~7:,~.~,-'='~. -=~..'- ,~?~. ~';-~.~.:'~=~%~=-:.E~'~ =~': -~:.~: '%~ '.Z'~.~ ' 't z' ~ · ~ k:.,.---.':' . ,, ... ~:.... . - .. ~. __-..... =, .,.... :.-.. /:~---~. : :.?.?':,.' ''~UENTy SEVEN ThOUSaND.FOUR ,HUNDRED iSEVENT,Y,DOLLhRS:~f~ND',';'O0::~ENTS4: =:~ Bapkl~Uedone.bYNA.Int~mt~PaymentD~ver. Colorado ~stems Inc., Englew~, ~lomdo( "' ,. ' ' '. , A~odzed:.~ Signature~ f :[': ..................................................... . : .~. . · , ~ .... ,. , - , , ,.~ .. . · ~, ,, ;. , ., ~ '~* ;':.'{- OF'BOYNTON BEACH :' ~...... ..... . 25369 " : '~ Bo nton Beach, Florida ' ,~;~.~;(~f~'~¥?~'~.. ~I FOR ~~ ~~ ~ ~~~~1- - ~ ,:,~' ,::¥,:: t ~ ~:~c<,¢,~e:~ .~ :, ~}~ ~~~. · '~' ': " "Y ' ' "( ;~; '"' '~ ' ~ 't' 'J .,] . . , ~ ., ,- ",' ' . '. . --. .'. - .. . .. ~' .~ :, ,; - , - .. . '.. ., ,[ ... :. , ' . .. . . ' · "., . ,. . .;~- , . :. .?.;: ~ , .... . EXHIBIT "C" kE~N'~=TH H. KRUGER, P.E. 6792 RED REEF STREET, SUITE 100 LAKE WORTH, FLORIDA 33467 (561) 434-4061 FAX (866) 529-9753 March 28, 2003 Mr. Don Johnson, Chief Building Official City of Boynton Beach 100 Boynton Beach Blvd Boynton Beach, Florida ---hand delivered--- Re: Vermeer Southeast Project - 1060 West Industrial Avenue Bond Estimate for Work not Completed Dear Mr. Johnson: / As engineer of record for the subject project, I hereby certify that, based oh inspections by this office, the below cost estimate is an accurate representation of the total cost remaining as of this date to complete the project in full accordance with the" approved permit plans and specifications. Further, in accordance with the City of Boynton Beach requirements, the total bond to be submitted in order to request a temporary certificate of occupancy, is 110% of the total cost remaining. That bond amount is $ 27,470.00 Cost Estimate Remaininq Improvements: Description: Original Contract % $ Amount $ Amount Complete Work Completed Work Remaininq Landscape $ 29,283 60 % $17,569.80 $ 11,713.20 Irrigation $ 7,750 90 % $ 6,975.00 $ 775.00 Sod $ 12,484 0 % $ 0.00 $ 12,484.00 Total $ 49,517. $ 24,544.80 $ 24,972.20 Bond amount = Cost amount x 11~% = $ 24,972.20 x 110 % = $ 27,469.42 Use: $ 27,470 If there should be any qbestions or you should need any additional information, please do not hesitate to contact this office. Sinc e, AR 2 8 2003 Kenneth H. kruge, I, P.E. Project Engineer ~f Record State of Florida Registration No. 18214 EXHIBIT "D" V.-CONSENT AGENDA CITY OF BOYNTON BEAC} ITEM H. AGENDA ITEM REQUEST FOlx ,l Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] August 5, 2003 July 14, 2003 (Noon.) [] October 7, 2003 September 15, 2003 (Noon) [] August 19, 2003 August 4, 2003 (Noon) [] October 21, 2003 October 6, 2003 (Noon) [] September 2, 2003 August 18, 2003 (Noon) [] November 5, 2003 October 20, 2003 (Noon) [] September 16, 2003 September 2, 2003 (Noon) [] November 18, 2003 November 3, 2003 (Noon) [] Administrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Motion to accept the written report to Commission of purchases over $10,000 for tl~mon~h~s~ of August and September 2003 for informational purposes. EXPLANATION: Per Ordinance, Chapter 2, Section 2-56.1 Exceptions to competitive bidding, Paragrapi~ b, w~ states: "Further, the City Manager, or in the City Manager's absence, the Acting City Manager is au~oriz~-t0 execute a purchase order on behalf of the city for such purchases under the $25,000 bid threshold f~per~fi~! property, commodities, and services, or $75,000 for construction. The City Manager shall file a written ~ort~ the City Commission at the second Commission meeting of each month listing the purchase orders appr~d City Manager, or Acting City Manager". Po PROGRAM IMPACT: The new Ordinance has assisted departments in timely procurement of commodities, service--s, 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 changle. /n Deputy Director of Financial Services City Manager's Signature Procurement Services Department Name City Attorney / Finance / Human Resources S:~BULLETIN~ORMSXAGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH APPROVED REQUESTS FOR PURCHASES OVER $10,000 FOR MONTHS ENDED AUGUST/SEPTEMBER 2003 Vendor: Advanced Generator Sales & Service, Inc. Purchase Amount: $ 17,898.00 Requesting Department: Utilities Contact Person: David Ailstock Brief Description of Purchase: The diesel fuel line at the West Water Treatment Plant that supplies fuel from the bulk storage tank to the generator requires replacement. This purchase involves the services to replace the piping, fittings, pump, and containment to meet the Department of Environmental Resource Management (DERM) requirements. Source for Purchase: Three Written Quotations Fund Source: 401-5000-590-590-96-02 CIP Water Renewal & Repl. 1. Vendor: Innovation Surveillance Technology Purchase Amount: $ 21,185.00 Requesting Department: Police Department Contact Person: Michael Munro Brief Description of Purchase: Purchase of special needs police surveillance equipment. Source for Purchase: Special Need Purchase Fund Source: 691-5000-590-04-54 Unclaimed Funds 1. Vendor: Custom Fiberglass Coaches Purchase Amount: $ 11,350.b Requesting Department: Police/Animal Control Contact Person: Dan Szychowski Brief Description of Purchase: Custom constructed chassis mounted collection unit for animal control vehicles. Source for Purchase: Sole Source Fund Source: 691-5000-590-04-81 Animal Control Donations 1. Vendor: R & S Integrated Services Purchase Amount: $ 21,840.00 Requesting Department: Development Contact Person: Nancy Byrne Brief Description of Purchase: Software enhancements and enterprise use analysis of LaserFiche Document Imaging to assure the City's substantial capital investment in this technology is being used to its greatest potential. Analysis will include the implementation, enhancement and adaptive muse of existing software products. Source for Purchase: SNAPS Agreement #2502011-2 Fund Source: 001-2411-524-34-53 Consultant Fees - Develop. The purchases presented in this written report were approved in accordance with the provisions of Ordinance 2.56, and are now being presented to Commission as required. City Manager Approval: Date: . Presented to Commission for information on October 21,2003. 1 of 1 V.-CONSENT AGENDA ITEM I. REVISED CITY OF BOYNTON BEAC[ AGENDA ITEM REQUEST FORlvl Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Tumed Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] August 5, 2003 July I4, 2003 (Noon.) [] October 7, 2003 September 15, 2003 (Noon) [] August 19, 2003 August 4, 2003 (Noon) [] October 21, 2003 October 6, 2003 (Noon) [] September 2, 2003 August 18, 2003 (Noon) [] November 5, 2003 October 20. 2003 (Noon) [] September 16, 2003 September 2, 2003 (Noon) [] November 18, 2003 November 3, 2003 (Noon) [] Administrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements '['"] Unfinished Business RECOMMENDATION: Please place this request on the October 21, 2003 City Commission Agenda under Consent Agenda. Staff recommends approval of this amendment to conditions numbered 40 and 41of the development order that was approved by the City Commission on June 3, 2003. The revised conditions of approval are attached and indicate the proposed correction through appropriate underlined and crossed-out text within conditions 40 & 4 I. EXPLANATION: The Arches mixed-use project (NWSP 03-002), represented by Nancy C. Graham of Urban Principles, LLC, received site plan approval on June 3, 2003. The approval was subject to certain conditions of approval including a limit on the total number of restaurant seats based on the total square footage designated for such use. Condition number 40 of the development order documented this circumstance and set a maximum number of restaurants seats at 50. A mathematical error was subsequently detected in this condition that should read "315 seats". This condition has now been changed to indicate the maximum number of seats, and is presented for Commission consideration. Additional language has been added to condition number 41 to clarify the total square footage for retail and office space verses the total net square footage available to be leased, in accordance with approved parking calculations. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A Assistant"l~eveio.~ment Department Director City Manager's Signature Department of Development Department City Attorney / Finance / Human Resources Documentl S:\BULLETIN\FORMS~AGENDA ITEM REQUEST FORM.DOC EXHIBIT "C" Revised Conditions of Approval Project name: The Arches File number: NWSP 03-002 Reference: 2nd review plans identified as a New Site Plan with an April 22, 2003 Planning & Zoning Division date stamp marking. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: 1. Prior to permit application contact the Public Works Department ($61-742- X 6200) regarding the storage and handling of refuse. The dumpster will be supplied by Public Works. PUBLIC WORKS- Traffic Comments: 2. Provide "2 Hr Parking - 8:30 A.M. to 5:30 P.M." signs along Ocean Avenue, X SE 1st Avenue, SE 2nd Avenue, and SE 4th Street, at approximate 100 feet spacing. 3. Add "No Parking" signs along Federal Highway. X UTILITIES Comments: 4. All utility easements shall be shown on the site plan, landscape plan, and X water and sewer plans. In general, palm trees will be the only tree species allowed within utility easements. Canopy trees may be planted outside the easement to ensure that the roots and branches will not impact those utilities within the easement in the foreseeable furore. According to Chapter 7.5, Article I, Section 18.1, the public utilities has the authority to remove any trees that interfere with utility services, either in utility easements or public fights-of-way. 5. 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(b)). 6. The CODE, Section 26-34(E) requires that a capacity reservation fee be paid X for this project either upon the request for the Department's signature on the Health Department application forms or within 30 days of site plan approval, whichever occurs first. This fee will be determined based upon final meter size, or expected demand. Conditions of Approval DEPARTMENTS INCLUDE REJECT 7. The LDR, Chapter 3, Article IV, Section 3.P requires a statement be included X that (all other) utilities are available and will be provided by the appropriate agencies. This statement is lackin~ on the submitted plans. FIRE Comments: 8. Design documents shall demonstrate compliance with LDR Chapter 6, X Section 16, which provides requirements for hydrants. In addition to domestic requirements at a residual pressure of not less than 20 psi, a fire flow of at least 1500 gpm is required. 9. Design documents where underground water mains and hydrants are to be X 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. 10. High-rise buildings shall be protected throughout by a Class I standpipe X system in accordance with Section 9.7. Florida Fire Prevention Code, (2000) Section 11.8.2.2. 11. Class 1, Type 60, standby power in accordance with NFPA 70, National X Electrical Code, and NFPA 110, Standard for Emergency and Standby Power Systems, shall be provided. Florida Fire Prevention Code, (2000) Section 11.8.4..2. POLICE Comments: None X ENGINEERING DIVISION Comments: 12. It may be necessary to replace or relocate large canopy trees adjacent to light X fixtures to eliminate future shadowing on the parking surface (LDR, Chapter 23, Article II, Section A. 1 .b). 13. A new SFWMD permit or a modification to the existing permit will be X required for the proposed tie-in to the storm sewer system in SE 1 st Ave 14. Stormwater connection fees (Fee-In-Lieu-of Capital Improvements) will be X calculated and assessed after the SFWMD permit and stormwater connection issues are reconciled. 15. Provide an engineer's certification on the Drainage Plan as specified in LDR, X Chapter 4, Section 7.F.2. DEPARTMENTS INCLUDE REJECT 16. Full drainage plans in accordance with the LDR, Chapter 6, Article IV, X Section 5 will be required at the time of permitting. Additional comments and corrections to this plan may be generated at that time. BUILDING DIVISION Comments: 17. Identify within the site data the finish floor elevation (lowest floor elevation) X that is proposed for each building. Verify that the proposed elevation is in compliance with regulations of the code by adding specifications to the site data that address the following issues [Section 3107.1.2, Chapter 31 of the 2001 Florida Building Code]: a) The design professional-of-record for the project shall add the following text to the site data. "The proposed finish floor elevation NGVD is above the highest 100-year base flood elevation applicable to the building site, as determined by the South Florida Water Management District's surface water management construction development regulations." b) From the FIRM map, identify in the site data the title of the flood zone that the building is located within. Where applicable, specify the base flood elevation. If there is no base flood elevation, indicate that on the plans. c) Identify the floor elevation that the design professional has established for the building within the footprint of the building that is shown on the drawings titled site plan, floor plan and paving/ drainage (civil plans). 18. On the drawing titled site plan, identify and label the symbol that represents X the property line. 19. At time of permit review, provide a completed and executed City of Boynton X Beach Unity of Title form. The form shall describe all lots, parcels or tracts combined as one lot. A copy of the recorded deed with legal descriptions, of each property that is being unified, is required to be submitted to process the form. The property owner that is identified on each deed shall match. 20. At time of permit review, submit signed and sealed working drawings of the X proposed construction. 21. Add to each building that is depicted on the site plan drawing a labeled X symbol that identifies the location of the proposed handicap accessible units. Add to the drawing the calculations that were used to identify the minimum number of required units. Also, state the code section that is applicable to the computations. Show and label the same units on the applicable floor plan drawings. Compliance with regulations specified in the Fair Housing Act is required (Federal Fair Housing Act Design and Construction Requirements, 24 CFR 100.205). Conditions of Approval 4 DEPARTMENTS INCLUDE REJECT 22. Add to all plan view drawings of the site a labeled symbol that represents the X location and perimeter of the limits of construction proposed with the subject request. 23. At the'time of permit review, submit details of reinforcement of walls for the X future installation of grab bars as required by the Federal Fair Housing Act 24 CFR 100.205, Section 3, Requirement #6. All bathrooms within the covered dwelling unit shall comply 24. All bathrooms in the covered dwelling unit shall comply with the provisions X of the Federal Fair Housing Act 24 CFR 100.205 (C)(3)(IV), Requirement #7 (2), Paragraph (A) or (B). Clear floor space shall be provided at fixtures to allow a person in a wheelchair or other mobility aid the use of the fixtures. Clear floor space shall be shown on the plans and designate which design option of requirement #7 (A or B) is being used. PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING 25. Approval of this project is contingent upon the approval of the corresponding X request to rezone from CBD to MU-H (LUAR 03-003). 26. Approval of this project is contingent upon the approval of the corresponding X request to abandon the Southeast 1st Street alley (ABAN 03-002). If the abandonment is unsuccessful, modify site plan accordingly. 27. All proposed uses must be consistent with the MU-H zoning district identified X in Table 6F-1 in Chapter 2, Section 5.F.4 of the Land Development Regulations. 28. The proposed building areas must match between the traffic study and the site X plan. Prior to the issuance of the first building permit, the Palm Beach County Traffic Division must approve the traffic study. 29. A unity of title will be required prior to the issuance of a building permit. X 30. The drainage statement is required prior to the issuance of a building permit X (Chapter 4, Section 7.F.2.). 31. The average area of all residential units must not be below 1000 square feet X (Chapter 2, Section 6.F.5). On the site plan (sheet 3 of 6), indicate the average size of all the units to ensure compliance with the Land Development DEPARTMENTS INCLUDE REJECT Regulations. 32. On the site plan (sheet 3 of 6 prepared by Shah Drotos), correct the note for X Building "E" to indicate that the parking garage will be nine (9) stories tall (ground floor through 8~h floor will be tbr parking, the 9th flOOr will be for the recreation area). 33. The site plan (sheet 3 of 6 prepared by Shah Drotos) indicates that all of X Building "D" will be eight (8)-stories tall. However, the elevations and floor plans show the eastern portion of Building "D" will be only four (4)-stories tall. Revise the site plan (sheet 3 of 6) so that it accurately corresponds to the floor plans and elevations. 34. On the site plan (sheet 3 of 6 prepared by Shah Drotos), correct the required X number of parking spaces from 749 spaces to 750 spaces. Also, correct the number of provided parking spaces: (718 spaces in garage plus 35 surface parking spaces equals 753 parking spaces). 35. On the site plan (sheet 3 of 6 prepared by Shah Drotos), eliminate the X handicap parking spaces shown within the valet area on the north side of Southeast 1st Avenue. No parking may occur in this valet area. 36. Correct the number of provided parking spaces in the "garage summary" on X the First Floor Plan (prepared by Looney Ricks Kiss). Ensure that the parking summary on the plans prepared by Looney Ricks Kiss is consistent with the site plan (sheet 3 of 6 prepared by Shah Drotos). 37. Show the 88th parking space on the "Eighth Floor Plan" of the parking garage X (prepared by Looney Ricks Kiss). 38. On the west elevation of the parking garage (prepared by Looney Ricks Kiss), X indicate by note that the 9th floor will be the "Pool Deck / Garage Roof'. 39. On the site plan (sheet 3 of 6 prepared by Shah Drotos) tabular data, revise X the note that currently reads, "OFFSITE PARKING PROVIDED (NOT COUNTED IN REQUIRED SPACES) to read the following: OFF-SITE PARKING (NOT INCLUDED IN PROVIDED SPACES) 40. Required parking for restaurants: One ( 1 ) parking space per two and one-half X (2 V2) seats, but not less than one (1) parking space per 100 square feet of gross floor area (Chapter 2, Section 11.H.). Place a note on the site plan (sheet 3 of 6 prepared by Shah Drotos) that, based on the parking methodology used, the total number of seats for all restaurants shall not exceed $0-315 seats. Any additional seats will affect the required number of parking spaces and may cause the project to fall below the development standard. 41. As presented, the project will be limited to 12,600 square feet of restaurant X space, 24,296 square feet of retail space, limited to 20,652 square feet of total leasable (net) retail area and 18,169 square feet of office space, limited to 15,444 square feet of total leasable (net) office area (Chapter 2, Section Conditions of Approval 6 DEPARTMENTS INCLUDE REJECT l l.H.d.(2)). Any increase in the leasable areas of the retail or office space would affect the total number of required parking spaces and therefore, may cause the entire project to fall below the development standard. 42. The number of dwelling units / unit type mix should match betWeen the floor X plans (prepared by Looney Ricks Kiss) and the site plan tabular data (sheet 3 of 6 prepared by Shah Drotos). 43. The removal / relocation of trees is subject to review and approval by the City X Forester / Environmentalist. 44. On the landscape plan, ensure that the landscape species and quantities match X betWeen the landscape plan and [graphic illustration. 45. Revise the Shared Parking Table on the "Site / Project Data" sheet prepared X by Looney Ricks Kiss. Based upon the proposed uses and their respective intensities, the Shared Parking Table should read as follows: Weekday Weekend Daytime Evening Daytime Evening Nighttime! Office 78 8 8 4 4 Retail 78 78 104 73 6 Lodging Restaurant 63 126 126 126 13 Entertainment . Residential 308 512 512 512 512 Total 527 724 750 715 535 The number of required parking spaces shown in the above Shared Parking Table may be subject to change due to unforeseen revisions made to the plans during the permitting process. Also, the Table is subject to change without Board or City Commission action if the project demands less required parking due to decreased intensities (i.e. reduced office area, reduced number of dwelling units). However, if the intensities further increase and cause the project to become deficient in parking, any request to pay a "fee in lieu" of (providing additional parking spaces) shall be subject to the Community Redevelopment Agency and City Commission review and approval. 46. The elevations must indicate the proposed paint manufacturer's name and X color code prior to the issuance of a building permit. Staff recommends consistency betWeen the colored drawing: and the elevations. 47. All project signage is subject to review and approval of the Community X Redevelopment Agency and City Commission. Staff recommends submitting a sign program. 48. Staff recommends that the applicant should coordinate with Palm Tran for an X up~raded bus-stop facility. Please contact Mr. Gerry Gawaldo, a planner with DEPARTMENTS INCLUDE REJECT the Palm Tran Department's Development Review Committee at (561) 841- 4246. ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD CONDITIONS Comments: 49. The applicant and staff will work together to ensure that the proposed X awnings and landscaping do not conflict with each. 50. Ensure that any awnings proposed in rights-of-way are properly X permitted and approved by appropriate agencies. 51. The planter boxes (west of proposed garage) shall contain Bougainvillea and X shall be irrigated. 52. The method of refuse collection (handlin'. orage) shall be re-evaluated X to confirm sufficiency and effectiveness. 53. Prior to the issuance of a building permit, the elevations shall indicate the X proposed colors and return to the CRA for a courtesy review. ADDITIONAL CITY COMMISSION CONDITIONS Comments: 54. To be determined. S:\Planning\SHARED\WP~PROJECTS~ARCHES @ BB\NWSP 03-002\COA Revised2.doc V.-CONSENT AGENDA ITEM J. CITY OF BOYNTON BEACI AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] August 5, 2003 July 14, 2003 (Noon.) [] October 7, 2003 September 15, 2003 (Noon) [] August 19, 2003 August 4, 2003 (Noon) [] October 21, 2003 October 6, 2003 (Noon) [] September 2, 2003 August 18, 2003 (Noon) [] November 5, 2003 October 20, 2003 (Noon) [] September 16, 2003 September 2, 2003 (Noon) [] November 18, 2003 November 3, 2003 (Noon) . . [] Admmistrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing '~ [] Code compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Authorize the following payments that exceed the $10,000 threshold outlined in the Financial Procedures Manual: Queues Enforth Development, Inc. in the amount of $39,354; and Motorola, Inc. in the amount of $18,556.44. EXPLANATION: Payment to Motorola is for the service contxact for the Communications Center equipment for the period 10/1/03 thru 12/31/03. Payment to Queues Enforth Development, Inc. is for the software maintenance agreement for Police records and dispatch for the period November 1, 2003 - October 31, 2004. PROGRAM IMPACT: The software maintenance provides updates and support for the Police records and reporting. The equipment maintenance covers all Communications Center Equipment. Both are essential to the Police and Communications Depts. FISCAL IMPACT: Police Dept. - Budgeted $38,210. difference of $1,144 will be transferred from $5,000 available in unanticipated charges. Communication Dept. - Budgeted $18,556.50 ALTERNATIVES: Since both services are essential to the operations of the respective departments there are no alternatives. - D~epartment Head's Signature City Manager's Signature Finance Deparmaent Name City Attorney / Finance / Human Resources S:~BULLETIN~ORMS~AGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH CITY COMMISSION AGENDA APPROVAL OF BILLS OCTOBER 21, 2003 1. Queues Enforth Development, Inc ...................................................... 39,354.00 Pay from RepaiflMaint Sen/s/Software Maint. 001-2110-521-46-91 THESE BILLS ARE APPROVED AND VERIFIED FOR PAYMENT BY THE DEPARTMENT HEADS INVOLVED. DIANE REESE, FINANCE DIRECTOR Form No. 121 CITY OF BOYNTON BEACH DIRECT PAYMENT REQUISITION Please issue a check in the amount of $ 39,384.00 V # 5064 TO: Queues Enforth Development, Inc. 14 Summer Street Malden, MA. 02148 FOF: Software Maintenance Renewal 2004 Police and Dispatch QED System Requested By: MichaelL. Munro DaCe: October1,2003 Approvals: FUND DEPT BASIC ELE OBJ AMOUNT 001 2110 521 46 91 39,354.00 Dept. Head ~~-~ Finance Dept. ~g/J~ City Manager 39,354.00 Ii111111111111111 QUEUES ENFORTH DEVELOPMENT, 1NC. David D. Varney, President & Chief Executive Officer James A. McClure, Chief Technology Officer John F. OIson, Executive Vice President David B. Gordon, Chief Operating Officer Steven Vantine, Controller September 2, 2003 Douglas Solomon Technical Service Manager Boynton Beach Police Department I00 E. Boynton Beach Blvd. P.O. Box 310 Boynton Beach, FL 33425-0310 Re: Software Maintenance Contract Dear Doug: Pursuant to Section 2(c) of the Software Maintenance Agreement dated November 1, 2000 between Queues Enforth Development, Inc. and the City of Boynton Beach, I am pleased to confirm Q.E.D.'s current standard fees and rates, which are set forth in the enclosed Renewal Agreements. If the City wishes to renew the Contract on these terms, please have both copies of the Renewal Agreement signed by an appropriate City Official and return one of them to me by October I, 2003. If you should have any questions, please contact me at (781) 870-1122. Sincerely, Steve Vantine Controller Enclosures: Renewal Agreement (2) 14 Summer Street, Malden, Massachusetts 02148 Phone: 781-870-1100 Fax: 781-870-1199 Web: http://www.qed.com ~1111111111111111111 SOFTWARE MAINTENANCE CONTRACT RENEWAL AGREEMENT This agreement sets forth the terms and conditions under which Queues Enforth Development, Inc. ("Q.E.D.") and the City of Boynton Beach (the "Client") agree to renew the Software Maintenance Agreement dated November l, 2000, pursuant to Section 2(c) of that Agreement. Renewal Term: NOVEMBER 1, 2003 - OCTOBER 31, 2004 Pricing: Software Maintenance for the above term: $ 39,354.00 Consultation Services, if any: $ 150.00 per hour plus expenses Training Services, if any $ [ 50.00 per hour plus expenses Other Terms: All other terms and conditions of the Agreement dated November 1, 2000 are incorporated by reference. Travel and out of pocket expenses will be billed separately and are the responsibility of the customer. In witness thereof, Q.E.D. and the Client have caused this Renewal Agreement to be executed effective as of November 1, 2003. Q.E.D. QUEUES ENFORTH DEVELOPMENT, INC. B¥~ Controller For the Client: THE CITY OF BOVNTON B~Cll By: Title: CITY OF BOYNTON BEACH CITY COMMISSION AGENDA APPROVAL OF BILLS OCTOBFR 2'1, 2003 1. Motorola ................................................................................................ 18,556.44 Pay from Repair/Maint Servs/Radio Repairs 001-1810-519-46-24 THESE BILLS ARE APPROVED AND VERIFIED FOR PAYMENT BY THE DEPARTMENT HEADS INVOLVED. DIANE REESE, FINANCE DIRECTOR -- RETURN CHECK TO DEPT. CITY OF BOYNTON BEACH DIRECT PAYMENT REQUISITION Please issue a check in the amount of $18,556.44 TO: Motorola PO Box 905311 Charlotte, NC 28290-5311 FOR: Quarterly service acjreement payment covering 10-01-03 thru 12-31-03 Invoice #S0617197. Requested By: Phyllis Dixon Date: October 3, 2003 Approvals: FUND DEPT BASIC ELE OBJ AMOUNT Div Head Finance Dept. ~-~'~., City Manager 18,556.44 MOT'OI OI.A INVOICE :age' °?2 Communicatfons Enterprise TOTAL INVOICE AMOUNT: $18,556.44 PC 9OX 905311 CHARLOTTE. NC 28290-53ti MOTOROLA~NVO~CENUMBER: S06~7197 iNVOiCE DATE: 09/26/2003 Visit our web site at: www. motorola, com PAYMENT DUE: UPON RECE I P? CUSTOMER ACCOUNT NUMBER: 1000303040 00 PURCHASE ORDER DATE: YOUR PURCHASE ORDER NUMBER: ra~LLTO BOYNTON BEACH, CITY OF HUGH MCCAFFREY 100 E BOYNTON BEACH BLVD BOYNTON BEACH, FL 334:35 For questions concerning this Invoice please contact Motorola at: 1-800.247.2346 O00lg-OOOll-O0~lO Payment Terms: DUE: UPON RECEIPT ~ot, orola Federa) Tax Td:: 36-1115800 Sales: Order Number:.: 31500378~ Invoice Detail Please see reverse side for additional information. Descr i pt i on Qty Amount BILLING FOR YOUR SERVICE CONTP~ACT SERVICE PERIOD FROM OI-OCT-03 TO 31-0EC-03 MOTOROLA CONTILACT ~ 315003781 SERVICES CONTACTED: DISPATCH SERVICE INFRSTC RPR W/ADVNCD REPLACMNT LOCAL PJ~OIO SUPPORT SERVICE NETI~OILK MONITORING SERVICE OS INFRSTC RSPNS SVC-PREMIER RADIO REPAIR SERVICE SP ONSITE INFRSTC RSPNS SVC SP-SOFTWR SUBSCRPTN AGRMNT TECHNIC.AL SUPPORT SERVICE (Continued on Next Page) · ,'~etach hare and return bottom portion with ~our_payment. _ ..... Payment Coupon iNVOICE NUMBER CUSTOMER ACCOUNT NUMBF. F! PAYMENT DUE invoice Total i Amount SO617197 1000303040 OOO1 UPON RECEI:PT $].8,556.44 Pleaee put your Invoice Number end yo. dr Customer Account Number on your check for prompt proceutng. BOYNTON BEACH, CITY OF Send Pm/mentTo: HUGH MCCRFFREY '~ MO'I'O~O&A 100 E BOYNTON BEACH BLVD BOYNTON BEACH, FL 33435 PO BOX 905311 ~.Quai~itv CHARLOTTE, NC 28290-5311 2900060107010907 1000303040 0001 0000 092603 0001855644 09 MOT'OROLA INVOICE :a e: of 2 Communications Enterprise TOTAL INVOICE AMOUNT: $18,556.44 PO gC~X 905311 CH4RLOTTE. NC 20290-5311 MOTOROLAINVOICENUMOER: 50617197 INVOtCE DATE: 09/26/2003 Visit our web site at: www. motorola, com PAYMENT DUE: UPON RECE [ PT CUSTOMER ACCOUNT NUMBER: 1000303040 0001 PURCHASE ORDER DATE: YOUR PURCHASE ORDER NUMBER: 8~LLTO BOYNTON BEACH. CITY OF HUGH MCCAFFREY 100 E BOYNTON BEACH BLVD BOYNTON BEACH, FL 33435 For questions concerning this Invoice please contact Motorola at: 1-800-247.2346 00020-0001 l-O00lO PaYment Terms:, DUE UPON RECEIPT MotOrola Federal Tax Id: 36-1115800 Sales Order, Number: 315003781 Invoice Detail (Continued) PkeaM see rever~e side for additional informaUon. Descr i pt i on Oty A~ou nt CONTRACT SUBTOTAL 18.556.44 SUBTOTAL 18,556.44 PLEASE PAY THIS ANOUNT (PAYMENT OUE: UPON RECEIPT) 18,556.44 V.-CONSENT AGENDA CITY OF BOYNTON BEACH ITEM K. AGENDA ITEM REQUEST FORlvl Requested CiD' Commission Date Final Form Must be 'Fumed Requested CiD Commission Date Final Form Must be Turned Meetin~ Dates in to City Clerk's Office Meeting Dates tn to Cipr Clerk's Office [] August 5, 2003 July 14, 2003 (Noon.) [] October 7, 2003 September 15. 2003 (Noon) [] August 19, 2003 August 4, 2003 (Noon) [] October 2I, 2003 October 6. 2003 (Noon) [] September 2, 2003 August 18, 2003 (Noon) [] November 5, 2003 October 20, 2003 (Noon) [] September 16, 2003 September 2. 2003 (Noon) [] November 18, 2003 November 3. 2003 (Noon) [] Administrative [] Legal ._~ NATURE OF [] Announcement [] New Business c,n AGENDA ITEM [] City Manager's Report [] Presentation 'xJ [] Consent Agenda [] Public Hearing -'£ [] Code compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Approve summary change order for Intracoastal Park project to DiPompeo Construction Corporation in the amount of $135,065.53, thus making the final contract cost not to exceed $2,044,065.53. This represents a contract increase of 7.1% and is less than the standard contingency amount of 10% that has routinely been awarded by the City Commission for large Utility projects. Thus, the Intracoastal Park project final cost has fared very well compared to this standard. EXPLANATION: The change order summary(s) are outlined in attached correspondence fi.om City staff and the City consultant on the project. Changes to construction are attributed to three primary areas include those required by regulatory agencies ($40,768.33), those initiated by staff(S22,240.63), those initiated by the Contractor ($40,721.57) and a few remaining items to be negotiated. PROGRAM IMPACT: The construction of Intracoastal Park has been planned for many years. This construction program has finally completed the work cycle and now the park is provided to our residents for many future years of recreation. FISCAL IMPACT: The total contract cost of $2,044,055.53 compares favorably to the project budgeted cost of $2,060,000.00. ALTERNATIVES: None /" ': -t~ep~..ament He}~'[ Silage "- - ~ty Ma~aier~s Si~re Department Name City Attorney / Finance / Human Resources S:XBULLETINhCORMStAGEND^ ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH INTEROFFICE MEMORANDUM TO: Kurt Bressner, City Manager jeffrey R. Livergood, Director of Public Works FROM: John Wildner, Deputy Recreation and Parks Dir6ctor DATE: October 14, 2003 SUBJECT: Intracoastal Park Change Orders Summary Staff requests that the City Commission approve a change order to DiPompeo Construction in the amount not to exceed of $135,065.53. The original contract amount was $1,909,000.00 and the final proposed maximum contract amount is $2,044,065.53. The contract increase is 7.1% and is less than the standard contingency amount of 10% that has been awarded by the City Commission for large Utility projects. Thus, the Intracoastal Park project final cost has fared very well compared to this standard. Background Simultaneous with the upcoming Grand Opening Ceremony of the new Intracoastal Park, we are now nearing finalization of the City's construction contract with DiPompeo Construction. You will recall, the City entered into a contract with DiPompeo Construction for work at Intracoastal Park on September 17, 2002. At that time, staff had concerns about the performance of DiPompeo Construction because of issues raised by references about DiPompeo's past performance. This week, we met with DiPompeo to come to final resolution on virtually all matters involving change orders on this project. The contractor has performed well and change order requests have been kept to a minimum. At this writing, we have attributed only $40,721 to changes requested by DiPompeo Construction. This fares very well to the total requested change order amount of $135,065.53. Because DiPompeo construction has requested only $40,721 of the total contract modification of $135,065.53, it is necessary to explain the purpose of the other change orders to this contract. A total of $40, 768.33 in changes were necessary to comply with permit requirements of the City of Boynton Beach B~ilding Department, the South Florida Water Management District and the Florida Department of Transportation. The improvements associated with these costs were not included in the base bid documents because the City had expedited the bid process with the understanding that review comments of these other agencies would be included in the final awarded contract to the responsible low bidder (in this case, DiPompeo) via the change order process. There remains $22,240.63 in other changes attributed to staff directed changes as outlined later in this report. Furthermore, there remains a few minor changes that have yet to be concluded as well as ongoing discussion with DiPomp¢o about increased contractor costs related to Builder's Risk insurance. The total change order amount of $135,065.53 requested by staff represents a worst case scenario and will be more than sufficient to final out this project. Change Order Details The following items represent a brief summary of the various change orders and the associated costs. Further discussion and explanation of these changes can be found in the attached memorandum prepared by Kevin Might, Project Manager for Wallace Roberts and Todd, the City's consultant. 1. $2,851.23 Slab Termite control at request of Building Dept. 2. $16,005.70 Trash Cans purchase and installation. Cans not included in base design or bid. 3. $6,039.80 Exhaust Hood ductwork to obtain Building Permit 4. $19,800.00 Earthwork related to unsuitable materials delivered to site during City pond construction in the CBD. 5. $16,294.80 Landscape Conservation at SFWMD request for permit. 6. $6,848.79 Stone Wavebreak at SFWMD request for permit. 7. $16,685.87 Gabions to control Waters Edge discharge onto ICP property and erosion' of our drainage structures. 8. $334.51 Addition of a handicapped ramp near monument. 9. $3,484.50 Catch basin sumps in lieu of inlets at request of SFWMD for permit. 10. $997.44 Tree removal for trees not noted on plans. 11. $2,903.75 Headwall remobilization due to delay in plan change at drainage outfall. 12. $575.80 Fire extinguisher at request of Building Dept for permit. 13. $4,673.41 Entrance Driveway revisions required by FDOT to get permit approval. 14. $6,234.93 Entry sign change at request of Parks and Recreation to be consistent with other City Parks signs. 15. $31,335.00 Miscellaneous pending changes of four items. This represents worst case final cost of these items. Changes dues to Other Agencies Of the above change orders, Numbers 1,3~5,6,9,12,13 are all at the request of regulatory agencies including the City Building Department, the South Florida Water Management District or the Florida Department of Transportation. Total of these is $40,768.33. These change orders were necessitated because there was an initial push to get this project out to bid. The project was given to bidders before any of these agencies had approved their permits. Thus, the changes requested by the agencies could only be made after the bid. These changes are not the fault of the contractor and had the process proceeded differently, these amounts would have been included in the base bid. Changes At City Staff Request Change orders 2, and 14 are for things that City staff (Parks) wanted to change. Sub total of these items is $22,240.63. Staff did not notice that trash cans were not included in the base contract and staff requested the change in the entry sign design. Changes due to changed conditions and were initiated by the Contractor Change orders 4, 7, 8, 10, 11 are for changed conditions. These total $40,721.57. These are changes that one would normally attribute to contractor changes and/or differences of opinion. In our opinion, the sum of these changes is very low compared to the base project award of nearly $2M. Please note that the cost of earthwork in the amount of $19,800 is entirely attributed to debris removal associated with material placed on site as a result of building the regional detention basin in the CBD. Thus, in our opinion, this cost should be borne by the Utility Fund because this would not be an issue had this material not been dumped on the park site during construction of the CBD detention basin. In addition to these changes orders, we believe we need to account for additional funds in the amount of $31,335.00. This amount will cover changes made for the following in a future Change Order Number 15 as outlined below: a. Herbicide treatment to complete aquatic plants (Est. $3,000), b. Pipe bollard around a fire hydrant at the request of the Utility Department (Est. $1,000) c. Addition of an irrigation valve. (Est. $1,000) d. Final resolution of the Builder's Risk issue. We did not resolve, nor agree to, any change order related to the extension of DiPompeo's builders risk insurance. This matter must still involve substantial negotiation. However, there are sufficient dollars in the above estimate to accommodate anY extra payment, if any at all is justified or reasonable. (Max. possible is $26,335) Cost Summary Original Contract $1,909,000.00 Agency Initiated Changes $40,768.33 Staff Initiated Changes $22,240.63 Contractor Initiated Changes $40,721.57 Remaining Items $31,335.00 Estimated Final Contract Cost $2,044,065.53 (This is a worst case scenario) Budget Amount $2,060,000.00 This represents a 7.1% increase to the base bid and is inclusive of all change orders, including those changes made at the request of other regulatory agencies. Funding Mechanism Staff requests that the City Commission approve the change order to DiPompeo Construction Corporation in the amount of $135,065.53 As noted above, this project has been constructed for a cost not to exceed of $2,044,065.53. This fares very well to the budget amount of $2,060,000 in the FY 2002/2003 budget. However, we are now into the FY 2003/3004 budget and thus the CIP portion of the budget must be amended to reflect this reduced amount. Therefore, staff plans to present to the City Commission a revised CIP reflecting this reduced cost. Furthermore, staff suggests that the City Commission review and approve the revised CIP at a time after the results of the General Obligation Bond referendum are known so that the CIP can properly reflect that future course of improvements in the City. Memorandum To: Frantz LaFontant Date: October 14, 2003 Engineering Plans Analyst/Inspector From: Kevin Might City of Boynton Beach 100 E. Boynton Beach Blvd. Ref. No. 012087 Boynton Beach, FL 33425 Project: Boynton Intracoastal Park (561) 742-6489 Pages: 3 (561) 742-6285 (Fax) Re: Change Order History CC: David Kelley, Jeffrey Livergood, File Per our earlier discussions, the following is a list of change orders with information regarding their genesis: 1. Change Order #1, Termite Control, $2,851.23_: The Plans and Specifications did not call for termite control to be applied to the site although City Codes ~equired it. The Contractor stated that he did not provide for termite control if it was not specifically called-out in the Contract Documents. It was decided dudng construction by the City and WRT that since the dollar amount of the change order was relatively small, a Change Order should be paid to the Contractor in order to avoid delays in construction while the issue was argued. WRT has reviewed the pdce breakdown and finds it to be reasonable. Where there is a time impact such as in this proposal, the Contractor's price for supervision appears to be reasonable. 2. Change Order #2, Trash R~e_-tacles, $16,005.70: Dudng bidding, it was discovered that a quantity of waste receptacles for the site did not appear on the Plans. Typically in a park project such as this, waste receptacle locations are not shown on the plans. A quantity is listed in the details or Specifications, and the Owner locates the receptacles in the field according to his experience and judgement where he feels they will be be needed. It was decided jointly by the City and WRT not to extend the bid date to address this issue; the waste receptacles would be purchase either by change order or through another contract. (Waste receptacles were chosen by City Parks and Recreation Staff.) WRT has reviewed the pdce breakdown and finds it to be reasonable. 3. Chan.qe Order #3, Hood Ductwork, $6,039.80: The City of Boynton Beach Building Department after bidding notified WRT that the hood and exhaust-fan shown on the Plans was not permissible under current codes and that it needed to be modified in a way that was not aesthetically desirable; they required a level platform and an exhaust vent location above the highest ddge of the roof. Therefore the exhaust fan was eliminated from the hood and a longer flue pipe added that vented the hood from the highest ridge line, a more expensive flue pipe configuration. The proposal includes a credit for the exhaust fan that was not installed. WRT has reviewed the pdce breakdown and finds it to be reasonable. 4. Chanqe Order fi4', Time Extension, Earthwork, $19,800.00.: This change order was negotiated by the City of Boynton Beach and DiPompeo Cons~ction. WRT was not a part of negotiations for this change order. 5. Chanqe Order #5, Landscape Conservation, $16,294.80_: The area detailed in this change order was originally designated to receive sod. The South Flodda Water Management District after the project bidding period informed the City and WRT it was requiring that this area should receive native plantings in order to receive a permit. Therefore a change order was issued for this work. Wallace Roberts & Todd, LLC 305.448.0788 191 Giralda Avenue, Penthouse www.wrtdesign.com Coral Gables, FL 33134 fax 305.443~8431 Memorandum page 2 The change order includes a credit for sod previously specified and not installed. WRT has reviewed the price breakdown and finds it to be reasonable. 6. Change Order #6, Natural Stone Wavebreak, $$,848.?9: The area detailed in this change order originally had no stone wavebreak. The South Florida Water Management Distdct after the project bidding period informed the City and WRT it was requiring that this area should receive native plantings in order to receive a permit. Therefore a change order was issued for this work. (Note that bidding for the project was commenced during permitting review by the South Florida Water Management District in order to expedite the bidding process. The City at the time as expressed through the Project Manager was anxious to proceed with bidding the project and would address any permitting related changes through the change order process.) WRT has reviewed the price breakdown and finds it to be reasonable. 7. Change Order #7, Gabion, $16,685.87: During construction, it was noted by the Contractor that the ouffall structure on the neighboring property to the south of the Park was causing erosion of the cover over the outfall pipe. It was decided by the Project Civil Engineer and the Contractor that a gabion structure would be the ideal choice of remedies to prevent further erosion. The issue was discussed in RFI #53 which is enclosed with the change order. An alternative course of action would have been to approach the Watersedge owners and require them to either move their outfall structure or pay for remedial action in order to avoid erosion and damage to a cdtical component of the Park's new drainage system. It was decided that proceeding with the installation of a gabion structure would solve the problem immediately and not delay the project while the alternative course of action was pursued. WRT has reviewed the pdce breakdown and finds it to be reasonable. 8. Change Order #8, Handicapped Ramps, $334.51: The Contractor noted during construction that no handicapped ramps were called out in the plans in the walkways leading from the U.S. 1 sidewalk to the Monument Shelter. It was decided by the City and WRT at the time to add the handicapped ramps to allow access. It was realized by the City and WRT that such an addition would be accompanied by additional costs by the Contractor. WET has reviewed the pdce breakdown and finds it to be reasonable. 9. Change Order liP3, Catch Basin Sumps, $3,484.50: Following the bidding process, the South Flodda Water Management District required 18' sumps on catch basins. The Plans from which the Contractor bid the project called for shallower sumps. Refer to the 11/13/02 memorandum from WRT to Bill DeBeck, Project Manager for the City, detailing items on the Plans that had changed following bidding because of permitting requirements and would impose additional costs. WRT has reviewed the pdce breakdown and finds it to be reasonable. 10. Change Order #'10, Tree Removal, $997.44.: Dudng construction, the Contractor noted existing trees in poor health that were not shown on the plans by the surveyor. The Contractor also noted existing trees in conflict with proposed drainage structures. WRT and the City's Project Manager agreed at the time that the trees should be re.rrioved. See the RFI's attached to the change order. WRT has reviewed the pdce breakdown and finds it to be reasonable. 11. Change Order #11, Headwall Remobili_t~t__ion, $2,903.75: Refer to the letter from DiPompeo dated 3/4~03 attached to the change order. At the time, utilities serving the neighboring property to the south were discovered on the Park site. Dudng the time required by the City to negotiate with the utility companies for the removal of their facilities from the site, the utility subcontractor for the Project demobilized and required the sum listed to remobilize on the site. It was agreed by the City and WRT to pay the sum rather than delay the project. arid Sel~flpiva'lOall~OCal Sel~Tarqxxa¥ Intwfla Fd~t,OLK8~ChaflW Or(ia' Hisloq 10-12-03.~,ec Memorandum Page 3 WRT has reviewed the price breakdown and finds it to be reasonable. 12. Ohanqe Order #12, Fire Extin.quisher, $$?5.80: This item is again addressed in the 11/13/02 memorandum from WRT to Bill OeBeck, former City Project Manager, detailing changes that had been made to the Plans after bidding. This time, the change was required by the City of Boynton Beach Building Oepartment in order to receive the Permit. WRT has reviewed the price breakdown and finds it to be reasonable. 13. ChanCle Order #13, Driveway Revisions, ~,673.41' During construction, FOOT informed the Contractor that the driveway configuration which FOOT had :;,pproved prior to bidding the project was no longer acceptable. SunTech Engineering at no additional cost to the City revised their driveway connection plans and received approval from FOOT. The revised driveway configuration required that the Contractor remove facilities detailed within the change order. WRT and the City asked the Contractor to submit a request for a change order to cover his costs of demolition of the facilities already constructed and for the cost difference between the old and new configurations. WRT has reviewed the price breakdown and finds it to be reasonable. 14. Chart.cie Order #14, Entry Si,clnacie, $6,234.9_3: Dudng construction, the City decid~ to change the type of entry sign from the plastic wood type specifiud in the Plans and previously approved to a masonry sign matching those in existing parks. The Contractor listed a credit in his proposal for the previously sbec~fied sign and for the new sign. WRT has reviewed the price breakdown and finds it to be reasonable. C:'~)oc~n~nt~ an¢l Se~ngs~h. ergoe~%ocal Sell~gs~Te1111~ Illt~t~ Flle~,~OLKS~Change O~ Hist~ 10-12-03.d, oc VIII.-PUBLIC HEARING CITY OF BOYNTON BEACI ITEM B. AGENDA ITEM REQUEST Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in tO City Clerk's Office Meeting Dates in to City Clerk's Office [] August 5, 2003 July 14, 2003 (Noon.) [] October 7. 2003 September 15, 2003 (Noon) [] August 19, 2003 August 4, 2003 (Noon) [] October 21,2003 October 6, 2003 (Noon) [] September 2, 2003 August 18, 2003 (Noon) [] November 5, 2003 October 20, 2003 (Noofi'y:, [] September 16, 2003 September 2, 2003 (Noon) [] November 18, 2003 November 3, 2003 (No?_~ [] Admmistrative [] Legal NATURE OF [] Announcement [] New Business AGZNDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code con~liance/Legal Settlements [] Unfinished Business RECOMMENDATION: Please place this request on the October 21, 2003 City Commission Agenda under Public Hearing. The Community Redevelopment Agency Board w/th a 6 to 0 vote, recommended that the subject request be approved, subject to staff comments, less conaaents #23 and #29, and the addition of a new condition requinng on-site directional signage for the adjacent (proposed) car wash. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 03-228. EXPLANATION: PROJECT: Gateway Texaco (COUS 03-007) AGENT: Beril Kruger, Planning & Zoning Consultants OWNER: SUAU Enterprises LOCATION: 2360 North Federal Highway DESCRIPTION: Request for conditional use/major site plan modification approval for a 681 square foot addition to an existing gas station/convenience store on a 0.48-acre parcel in a C-3 zoning district. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES:~~_ 'N/A d~.~ Develq~aent D~partment D~ector City Manager's Signature Planning a~d Zoning~r~ctor City Attorney / Finance / Human Resources J:~SHRDATA~PLANNING~SHARED\WPLPROJECTS\Gat~way Tcxaco\COUS 03-007 Gateway T~Ag~nda Item Request Gateway Texaco COUS 03-007 10-21-03.dot S:~BULLETIN~ORMS~AGENDA ITEM REQUEST FORM.DOC P'_.-~: .:,;..:C' A; MEMORANF.,;.M NO. PZ 03-228 TO: Chairman and I~]embers Community Redeve!opment Agency Board THRU: ~',lichaei Rumpf Director of Planning and Zoning FROM: Eric Lee Johnson, A:[CP Planner DATE: ':' September 30, 2003 PROJECT: Gateway Texaco / COUS 3-007 REQUEST: Conditional Use approval for a 681 square foot addition to an existing gasoline dispensing establishment PRO3ECT DESCR]~P'T"ZON Property Owner: SUAU Enterprises, Incorporated Applicant/Agent: Mr. Beril Kruger of Beril Kruger Planning & Consultants Location: 2360 North Federal Highway (see Exhibit"A"- Location Map) Existing La?,d Use/Zoning: Local Retail Commercial (LRC) / Community Commercial (C-3) Proposed Land Use/Zoning: No change proposed Proposed Use: 68:1. square foot addition to an existing gasoline dispensing establishment Acreage: 0.48 acres (20,830 square feet) Adjacent Uses: North: A multi-family residential property zoned Community Commercial (C-3); South: Ri§hr-of-way for Las Palmas Road, and farther south are single-family attached townhouses (The Harbors), zoned Infill Planned Unit Development (IPUD); East: Vacant commercial lot (proposed car wash), zoned Community Commercial (C-3), and farther east is a single-family residential dwelling (part of Las Palmas development), zoned Single-family residential (R-1AA); and West: Rights-of-way of U.S. :L and the Florida East Coast Railroad, farther, west 'a*ewa~. Texaco - COUS 03-007 2 developed commercial prope.~-y classified Local Retail Cornmerc:.~_! (LRC) zoned C-2 Neighborhood Commercial. BACKGROUND klr. Beril Kruger of Befit Kruger Planning & Zoning Consultants, agent for SUAU Enterprises Incorporated, is requesting conditional use / major site plan modification approval to construct a 681 square foot addition to an existing gasoline dispensing establishment. Tn addition, the applicant is proposing new parking, spaces, a new access drive / easement to facilitate internal access to an adjacent parcel, and a general'"make-over" of the exterior building facades of the gasoline station building and canopy. The number of gasoline pump islands and fueling positions would remain the same. The subject property is a separate lot from the abutting property to the east. The proposed 681 square foot addition to the gas station is considered a conditional use in the C-3 zoning district. Also, the gas station is a legal non-conforming use because it does not comply with Chapter 2, Section 11.L.3.a.(2) which requires that gas stations should be located only at intersections "consisting of roads of four (4) lanes or wider". Earlier last year, Mr. Beril Kruger, acting on behalf of Mr. Zuhair Marouf, expressed a desire to construct a building addition to the gas station, in part, to satisfy outstanding code enforcement violations over the use of a parked vehicle as storage space. He also proposed direct access between the subject lot and the lot directly to the east. The abutting lot to the east was earmarked for a mechanical carwash. The direct access was proposed between the lots in order to minimize vehicular traffic onto Las Palmas Road. These inquiries were based upon the presumption that the proposed addition would be allowed and that direct access would only require minor site plan review. However, after careful consideration, staff determined thai[ the addiqon would not be permiL-~ecl "by right" because il: would be an unlawful expansion of a non-conforming use (gasoline-dispensing establishment) and that it would exceed the threshold for a minor site plan modification. To answer Mr. Kruger's inquiries, on .July ].6, 2002, the Director of Planning & Zoning issued an administrative determination letter that basically prohibited the applicant from increasing the size of the gas station building citing Chapter 2, Sections D and G of the Land Development Regulations (non- conforming uses). Regarding the direct access between lots, the Director determined that the proposed driveway connection between the subject lot and the lot directly to the east would be permitted. However, the direct access would only be allowed contingent upon the recordation of a legally binding cross-access agreement and that the entire Texaco site would have to brought into total compliance with the current Land Development Regulations. On .July 3]., 2002, Mr. Krugei' filed an appeal (ADAP 03-00].) to the aforementioned administrative determination. According to the staff report, "in summary, the appeal justifies the proposed expansion by the position that retail sales at this business is a separate component from the non-conforming aspect-gasoline sales, which component can therefore be altered / expanded independent of the gasoline sales element of the business. The applicant supports this position that retail sales is distinguishable from gas sales by the absence of other nearby convenience stores, and therefore, the high demand for convenience item sales at this location". Staff disagreed and recommended denial of Mr. Kruger's administrative appeal based on three (3) main points. Firstly, staff argued.that the Gateway Texa:o - COUE 03-007 p--~. 2 determination represented the position consistently communicated by staff and therefore, the cons.;tent interpretation of clearly written Land Development Regulations. Second',y, the sa:e of gascl;.~e is the principal use of the subject business, which is located on one parcel within a singie structure, and therefore, cannot be viewed separate from accessor'/ components such as retail sales. Last'.'/, the applicant did not prove that the expansion of the retail aspect of the business would have been mandatory for the continued operation of the principal use, and that if denied a hardship would have been imposed. The Community Redevelopment Agency voted and concurred with staff but the Commission voted in favor of the applicant with the condition that the expansion would be limited to 600 square feet (see Exhibit "C" - Conditions of Approval). Therefore, this major site plan modification and accompanying variance requests represents the applicant's continuing effort to construct a building additior~' on the subject property and a stand-alone mechanical car wash on the abutting property. Staff,' provides both an analysis and recommendation for each variance request in their respective staff report. If approved, the construction of the addition, parking lot, and fa~:ade improvements would occur in one (1) phase. STANDARDS FOR EVALUA'TZNG CONDZT]:ONAL USES AND ANALYSTS Section ll.2.D of the Land Development Regulations contains the following standards to which conditional uses are required to conform. Following each of these standards is the Planning and Zoning Division's evaluation of the application as it pertains to standards. The Community Redevelopment Agency and City Commission shall consider only such conditional uses as are authorized under the terms of these zoning regulations and, in connection therewith, may grant conditional uses absolutely or conditioned upon the conditions including, but not limited to, the dedication of property for streets, alleys, recreation space and sidewalks, as shall be determined necessa?/ for the protection of the surrounding area and the citizens' genera.! welfare, or deny conditional uses when not in harmony with the intent and purpose of this section. :in evaluating an application for conditional use approval, the Board and Commission shall consider the effect of the proposed use on the general health, safety and welfare of the community and make written findings certifying that satisfactory provisions have been made concerning the following standards, where applicable: 1. Ingress and egress to the subject property and proposed structures thereon, with particular reference to automobile and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe. No driveway openings are being altered as a result of this major site p/an rnod/ficat/on. The site p/an (sheet i of ,I) shows that there are two ex/sting (2) "curb drops" on North Federal Highway. According to Chapter 2, Sebtion ]].L.3. d. (]), driveway openings for gas-stations are required to be located at/east ]20 feet from the intersection of the right-of-way lines along streets of higher classification (North Federal Highway). According to the site plan, the northern ''curb-drop"is located ]02 feet from the intersect/on of North Federal Highway and Las Palrnas Avenue. The southern "curb-drop" on North Federal Highway is located only 23 feet from the intersection of U.S. ] and Las Palmas Avenue. The proposed building addition is a major site plan modification and therefore, the entire site would have to comply with today's code. However, the applicant is not proposing to alter the driveway opening and is requesting a 97-foot variance (ZNCV 03-0~0) from Gatev. Texaco - COUS 03-007 ,i,~ no-:.," PZ ,~3-228 the Z20-foot requirement (see Exhibit "C"- Conditions of Approval), 7-nfs S,':~c/e var,~,~ce request would be applied to both non-conforming Gr/veway openings. StaG' suppor'~ t,~,~ variance request (see $i~ff Report ZzVCV 03-010). According to Chapter 2, Sect/on ZZ.L.3. Z. (3) of t, ffe Land Development £egu/ations, driveway openings shah not be located/ess than 30 feet from any interior property /ina The northern driveway on North Federal Hi?way dce~ not comply ~vith th/s requirement because it is located only 2~ feet away #om the interior nort,~ side prope,~h/ //ne. Therefore, the applicant is requesting a lO-foot variance from this restriction (Z/VCV 03-011). Staff supports this variance request (see Staff Report ZNCV 03-011). A/so, t,~e su. oplementa/ regulations for gas stations//mit the number of driveway openings to one (1) per street frontage. The subject site has two (2) driveway openings on North Federal Highway. The applicant is requesting a variance (ZNCV 03-012) from Chapter 2, Section 11.3. d('l) to a/iow for these b, vo driveway openings. The Engineering Division reviewed the site plan and recommended that no closures should occur to any of the openings due to the proposed on-site traf#c circulation and the antic/gated comp/et/on of the Harbors townhouse project. Note: direct access from the subject lot to t,~e lot directly to the east may only occur after the recordation of a cross-access agreement (see Exhibit "C"- Conditions of Approval). Therefore, staff is recommending approval of this variance request to allow two (2) driveway openings (see Staff Report ZNCV 03-012). In any event, all three variance requests regarding the existing driveways would require review and approval by the City Commission. The site p/an (sheet I of'l) shows an existing driveway opening is located on Las Palmas Avenue. This opening is currently located 32 feet from the intersection of the right-of-way lines and complies with the Land Development Regulations. No change is proposed to this opening. The survey shows that there is no sidewalk along Las Palmas Avenue. However, according to Chapter 6, Article IV, Section 10. T of the Land Development Regulations, a sidewalk is required ~v. Zth.<.~ ~ r~ht-of-way. A sidewalk ~ou/d e/so be required within the r~ht-of-way (of Las Palmas Avenue) in front of the abutting property to the east where the car wash is proposed (NWSP 03- 011). The applicant submitted an administrative waiver to this requirement but was subsequently denied by the Engineering Division. The applicant is appealing the ~dministrat/ve decision regarding the sidewalk requirements for both lots. 2. Off-street parking and loading areas where required, with particular attention to the items in subsection above, and the economic, glare, noise, and odor effects the conditional use will have on adjacent and nearby properties, and the city as a whole. The required parking has been tabulated based on a gasoline dispensing establishment use. The ratio uti#zed is one (1) space for each 250 square feet of the gross floor area. Based on this methodology, the proposed expansion, coupled with the floor area of the ex/sting building would require 10 parking spaces..'rhe required number of parking spaces needs to be accurately shown on the site p/an (sheet I of 4) tabular data (see Exhib/t "C"- Conditions of Approval). The site p/an shows that 12 parking spaces would be provided. The applicant intends to re-stripe the existing spaces and create three (3) more spaces and a drive aisle at the northeast corner of the property. The backup d/stance behind the newly created parking spaces would adhere to current d/mens/on standards. However, one (1) of the new parking spaces would encroach into the required lO-foot wide interior landscape buffer along the east property//ne. This encroachment will be d/scussed later in this staff report. ','8'. ;o - COUS 03-007 L 03-228 3. Refuse and service areas, with particular reference to the items in subse~ien L and 2 above. The survey shows that t,~e dumpster /s curre.ct/y located one foot from t,~e south propertT/, //ne at the southeast corner of the property. The s/Ce p/an (sheet 1 of 4) sho~vs that the dum,,pster would be moved five (5) feet away from the south property//ne and one (1) foot - eight (8) inches from the east property//ne. It would be located w/thin a dumpster enclosure as per code. £t should be noted that staff would prefer to have the location of the dumpster enclosure away from the h~h/y visible areas such as from the rights-of-way. However, staff ack~.ow/edges that the current site layout (i. e. building, parking space, driveway openings) //m/ts the number of choices for/ts relocation. 77ne preJ'ent location facilitates the efficient removal of trasl~ and that this el~Tciency could be jeopa,'d,~ed if located elsewhere on the site. 4. Utilities, with reference to locations, availability, and compatibility. Cons/stent w/th Comprehensive P/an po/lc/es and city regulations, all utE/ties, including potable water and sanitary sewer are available for this project. 5. Screening, buffering and landscaping with reference to type, dimensions, and character. The subject site had been previously developed as a gas stat/on and related parking areas under former,/ess stringent standards for gas stations. Therefore, the ex/sting landscape buffer areas are non-compliant. According to Chapter 2, Sect/on 11.3. f(1) of the Land Development Regulations, a ten (10) foot wide landscape buffer is required along both North Federal Highway and Las Pa/mas Avenue. The buffer is required to contain a tree every 30 feet. A continuous row of hedges and flowering groundcover are a/so required. The intent is to screen the vehicular use areas from the pub/lc rights-of-way. The landscape p/an (sheet L-J) shows t,~at no change /s proposed to the driveways or parking areas. Basically, there is no landscape buffer along North Federal Highway. Since lO-foot wide landscape buffers are required along rights-of-way, the applicant/s requesting a variance (ZNCV 03-016) from the code to have no landscape buffer along North Federal Highway and a five (5) foot w/de landscape buffer along Las Pa/mas Avenue (see Exhibit "C"- Conditions of Approval). As in the case with the driveway openings, since both landscape buffers are/ess than 10 leer'in width, one (1) variance request would apply to both buffers. The justification ties/n the fact that if a 10-foot variance were approved to allow for a zero (0) foot wide landscape buffer, then that same variance approval would nullify the need for a five ($) foot w/de buffer. Staff is recommending approval of the variance request due to the unavoidable site constraints (see Staff Report ZNCV 05- 016). However, staff is recommending approval with the stipulation that in the southern landscape buffer (along Las Pa/mas Avenue), the proposed row of Zxora 'Nora 6rant' shrubs be 36 inches lb height at the tfrne of instaJlation. A/so, staff is recommending, where possible, additional screening be provided (i.e. planters) along North Federal Highway (see Exhibit "C"- Conditions of Approval). As a/ways, the variance request would have to be reviewed and approved by the City Commission to allow for a deviation from the Land Development Regulations. According to Chapter 2, Sect/on 11.L.3. f.(2), a landscape buffer 10 feet/n width/s required on along all inter/or property lines. The landscape p/an (L-l) shows existing landscape buffers along the north and east property lines. However, the existing landscape buffer along the north property//ne /s ,?s':.'~, - :acc - C©US 03-007 M...-' ' . PZ 03-228 a.oprox/mately five F_E) feet in widtJff and c'oes not comply w/'t, ff the lO-foot wide b~.'~,~r ,~ou,'rement. T/~erefore, the applicant is requesting a variance (£NCV 05-$i?) from b~e_,~,=,.¢f~= .... ,_,..,,~,,~*"~-~,~ La,.-,d Development Regulations to reduce t, ffe landscape buffer by five {S) feet/~ order to allow a r7ve foot ~vide landscape buyer in lieu of the required lO-foot ~vide la,.~ds~aoe buyer. The variance~ just/float/on and a,na/y~i~ is provided in the respective ~taff repo~. Staff/~ recomme,nd/ng a,qorova! of the variance request due to the existing zite con~tra/n~. Again, t, ffe variance request would have to be reviewed and approved by the Ci~ Commis~/on. The ~u~ey ~how~ that along the no~h prope~ line, the existing park/hg lot appears to encroach into,the required no~h land, cape buyer. The existing no~h landscape buyer doe~ not comply ~ode because it/~ le~s than ]0 feet in width. Al~o, the plan~ ~how that a proposed angled'park/hg space would encroach into the eastern landscape buffer. The east land, cape buyer complies code. Howeve5 vehide encroachment into landscape bu~er~ is not pertained pursuant to Chapter 7.~ A~ide ~ ~e~ion 3. B. 4 of the Land Development Regulat/on~. Therefore, the applicant requesting a variance (ZN~ 03-024) from Chapter Z ~ A~ide Z~ $ect/on 3, B. d., to allow a parked vehicle to encroach ~o and one-haH (2-~) feet into the east land, cape buffer, The ~vo and one (2-~) foot encroachment assumes that the Ci~ Commission would approve the variance request for the reduction in buffer width. ~n both ca~e~, ~ta~ is recommending approval of reducing the required width of the no~h and east land, cape bu¢~r~ to allow for five (~) foot wide landscape bu~rs (see ~ta~ Repo~ ZNCV 03-0~7). ~ta~ suppo~ this encroachment into the required no~h land~cape bu~e5 in pa~ because the parking lot already exi~. Howeveo staff opposes allowing any new space~ / areas of vehicular encroachment. Thi~ would occu~ by the proposed angled parking space into the east land, cape buffer. ~e proje¢ requires only ~0 parking spaces, not space~ and therefore, any excess parking that would be provided ~hould comply with afl aspe~ of the code. $imply pu~ the elimination of the proposed angled parking ~pace (at the no,beast corner of t, ffe prope~) would cancel the need for this variance. (see ~hibit "~"- Condition~ of Approval). The variance would only apply to the existing conditions at the no~hern potion of the prope~. A~ in all cases, thi~ variance would require Ci~ Commission review and approval. The no~h land~cape buffer would contain Crape Ny~le, Pahoon Holly, and Alexander (double- trunked) palm trees. Green Bu~onwood and Redtip Cocoplum hedges would be in, tailed at the ba~e. The east landscape buffer would contain $abal palm tr~s, Green Bu~onwood / Redtip Cocoplum hedge~, and an existing five (~) foot high concrete wall. 6. Signs, and proposed e~erior lighting, with reference to glare, tra~c safe~, economic effect, and compatibili~ and harmony with adjacent and nearby prope~ies. Thi~ conditional use app/icaflbn proposes waft ~ign~ on multiple facades. The elevation page~ (~hee~ ~ and d of d) sho~ the existing wall signs with the proposed waft signage. ~e maximum allowable waft signage area would be based on the length of the front building facade facing No~h Federal Highway. According to Chapter 2], A~ide Z~ $e¢ion 2.0 of the Land Development Regulations, the maximum area for afl waft ~igns shaft be one and one hah (] ~) ~quare feet of ~ign area for each one (~) foot of linear building frontage. The elevations do not indicate the proposed cumulative waft signage area. Noweve~ the proposed wall and ~anopy signage are itemized on an a~ached 8-~ by ]] inch sheet. ~is a~ached sheet lac~ the waft ~ignage area in i~ entire~ because it omi~ the existing / proposed signs on the no~h and south ~ide$ of the building. A~ propo~e4 it appears that the waft signage area would not comply with the maximum allowable O~'~ ' / --~×aco - COUS 03-007 .r : N: F, ~3-228 s."cn~ce area, Staff's 9oa/ is not to ragu/ate the content of t,~e $/9n but rather to ensure com, pt,,'~nce w,"~h cod~ and 8o maximize 5,~n -- ~ deve/opmenr~ appearance. Zn order ~o reduce the wa// ¢/¢n area and uperade the appearance, ~ra¢' recommend~ e/ira/nat/nE a// non-word dep/ct/on~ ~exaco~ corporate/o¢o wh,"c,~ /~ a wh/~e-~tar-/n-red-o?c/e) that do not d/rec~'y correspond w/'t~ word/hg tee exh/b/'t "E'- of Approva¢. For examp/e, ~ra~ recommend~ ailS/hating ~he /~o/ated non-word dap/cfi'on ehown a~ ¢~n '~ "on the a~aeed 8- ~ by ]] inch ¢hee¢ because th/~ non-word dep/bEon /~ not a~aeed or pa~ ora ~/~n containing word~. Non-word dep/cEon~ $/gn~ "C" and "D" are acceptab/e because Sign "C"/$ a¢soc/ated w/th ee "Food Na~" ~/~n and Sign "D" /~ a~soc/ated wit the "Texaco' ~e/¢er ~/gn "C" or ~/gn "D" appear ~o be/~o/ated non-word dep/ct/on~. Chapter 2], A~/c/e ZZ~ ~ect/on ~ requ/re~ a// freestanding ~/gn~ ~o be/ocated at/east ~0 fear from the prope~ //ne~ and//m/~ the height ~o 20 feet. The existing $/gn /~ current/y /ocated on/y five feet from ee prope~ i/ne and ¢tand~ over 33 feet ta//. Z~ on-¢/te /ocat/on /~ town on ~he ~u~ey and ~/te p/an and/~ e/evat/on /~ ~hown on the a~aeed 8 ~ by ]I-iht ~heet. The app//cant proposing ~o add more $/¢n area ~o th/$ non-conforming $truceure. ~e po/e $/¢n is non-conforming because/~ exceed~ ~he he/gh~ //m/taEon~ and doe~ nor mee~ m/n/mum ~etback requirement. The ~trueure mu$t be $e~back a~ /east ]0 feet from the prope~ //ne(s). A~ propose4 the new "Car Wash" potion wou/d be added ~o the ~tructure. Howeve¢ no existing $/gn area/~ ~hown on the a~ached sheet. Therefore,/~/~ unc/ear if the proposed $/gnage area wou/d comp/y with Chapter A~/c/e ~ Section 2. B of the Land Deve/opmenr Regu/at/on~. The code a//ow~ for a max/mum of ¢4 ~quare fee~ of $/gn area (~ee ~h/b/t "C" -Cond/t/on$ of ApprovaO. Aide the proposed sign/~e/f (Car Wash) appear$ to be adve~/~/ng for the meean/ca/ car wac fac///~, which/~ proposed on the abusing/o~ the ea$& Zt mu$t be noted that the abusing/o~ to ee ea$t /~ an enEre/y separate and ea~ no adve~/s/ng for it may occur on ~he ~ubje¢ prope~ due to the ~/gn code re~tr/~/on~ regarding off-prem/~e ~/gnage (Chapter 2], A~/c/e Z~ $e~/on &$. of ee Land Deve/opment Regu/at/on~). A/~o, because the ga$ ~tat/on /~ a non-conforming u$e, a Un/~ of ~r/e cannot comb/ne ee ~vo (2)/o~ ~ogeeer. Howeve~ if the "Calash" wording/~ a component of the o~c/a/ bu~/ne~ name of the gas station on which the po/e ~/gn /~ /ocate4 then the app//cant ~hou/d provide document/on for verification. Wording on ee ~/gn ¢ou/d graph/ca//y and accurate/y reflect/ correspond w/th the o~c/a/ bus/ne~ name of the business on ee ¢ubje¢ prope~ (~ee ~h/b/r "C"- Cond/t/on~ of ApprovaO. ~/nce the ~trueure /~ non-conforming due to /~ currenr/y being within the required ee~back$, the app//cant /~ requesting a five (~) foo~ variance (ZNCV 03-023) a/iow the $/gn ~o be/ocated five (~) feet from the prope~ i/ne rather tan ]0 fee~ a~ norma//y required by code. Zn th/~ in~t¢nre, staff i~ recommending den/a/of the app//cant~ variance request tee Staff Repo~ ZN~ 03-023). ~e ~tru¢ure can be remove4 reduced in he/gh¢ and re/ocated ee prope~ ~o ea~ /¢ wou/d ~t/// be h/gh/y v/~/b/e from the right-of-way wh//e comp/y/ng w/th today~ $etback, height and cro~-v/$/b///~ re$tr/ct/on$ ($ee Exhibit "C"- Cond/t/on~ of Approva¢. ~e variance request wou/¢ require C/~ Commend/on review and approval 7. Required setbacks and other open spaces. ~e existing bu//d/ng mee~ the setback requ/remen~ of ee C-3 zoning d/$tr/¢. Howeve~ the proposed bu//d/ng add/f/on wou/d not meet the rear ~etback requirement. ~e required rear ~etback /~ 20 fee& ~e proposed bu//d/ng add/t/on wou/d encroach into ee setback by ]0 fee& ~erefore, ee app//canr /~ requesting a JO-foot variance (ZNCV 0~-0]3) from Chapter 2, ~e¢/on ]].L.3. e.(~) Gat:w:'- Tax3,;: - COUS 03-007 :;, ..~Z03- ~8 al'iow the addition to encroach into tt~e required 2S-foot rear setback. As previously me.q~/oc~d ,.~ t,e ¢ E~ckground sect/on of this sta~ repo~ the Ci~ Commission approved the ap, olic~,¢~2 Ap, cea/ (ADAP 03-001) to a/iow a 600 square foot add/t/on. The size of ~e proposed Dui/d/ag ~dd/t/on (681 square feet) is not cons/stent w/th the previous C/~ Commission apzrova/ (600 square fee¢. Sta~' is recommending den/a/of ¢is variance request gee Sta~' Repo~ ZNCV 03-013). The proposed add/t/on could be configured or reduced in such as way as to meet the setback requ/remen~ of the 03 zoning d/stri~ and ~erefore, not need a variance. Since this is a major site plan modification, ail structures (including the canopy and fueling pumps) are 4equ/red to meet setback requirement. The existing canopy over the gas pump/s/ands does not me~t the 20-foot setback requiremeng The existing pump/s/ands do not meet the 30-foot setbac,~ requiremeng The applicant is not proposing any changes to the canopy structure other than cosmetic enhancement. Therefore, the applicant is requesting a lO-V= foot variance (ZNEV 03-14) to a/iow the ex/sting canopy to be located nine and one-half (g -~) feet from the we~ prope~ #ne instead of 20 feet as required by code (see Sta~ Repo~ ZNCV 03-01~). A/so, the e~ting pump is/ands are located only lg feet- 10 inches from the west prope~ line. Therefore, the applicant is requesting a variance (ZNCV 03-015) to a/so a/iow the gas pump/s/ands to be located closer to the west prope~ line rather than the 30 feet required by code (see ~hibit "C"- Conditions of ApprovaO. Again, stalls recommending approval of both variance request. As a/ways, they would require Ci~ Commission review and approval. 8. General compatibiliW with adjacent prope~ and other prope~ in the zoning distri~. The proposed use is a conditional use in the 03 zoni~ d/str/¢. A/though auto-intensive in nature, the use is generally compatible with the use of the abusing prope~ to the no~h. The prope~ d/re~ly to the east is vacant and zoned 0-3. ~is vacant lot is earmarked for a mechanical car wash. Car washes are ~pica//y accesso~ uses to gas stations so therefore; a gas stat/on use would be compatible w/th g,~e anticipated use of the abusing prope~ to the ease ~e prope~ south of Las Pa/mas Avenue was previously zoned C-3, the same as the subje¢ prope~. Howeve~ it was recently reached from ~-3 to In~ll Planned Unit Development (IPUD) for the construe/on of over 50 fee-simple townhouses. Unless properly bu~ere4 a gas sta~bn use could be incompatible with a residential use. Bu~ering would include e~ra landscaping or a buKer wall. The existing gas stat/on is separated from the townhouse proje~ by Las Palmas Avenue and a proposed five (5) foot wide landscape buyer. A gas staOon is a compatible use wi~ other uses in the 0-3 zoning district. The proposed building expansion (for e~ra storage area) would be compatible with both commercial and res/dent/a/uses. ~e proposed building colors would be compatible with the existing and proposed buildings w/thin the immediate area. ~e elevations/nd/cate the proposed colom to be dark green (Benjamin ~oore Chrome Green), white (Benjamin ~oore - Br#/iant White), and gray (Benjamin Ploore - San Antonio Gray). ~ese are the corporate Texaco co/ors and are recognized nationwide. 9. Height of building and stru~ures, with reference to compatibiliW and harmony to adjacent and nearby prope~ies, and ~e ciW as a whole. The max/mum allowable height for the C-3 zoning distr/¢ is 45 feeg ~e existing building was designed as a one (1)-sto~ stm~ure. ~e top of the ex/sting canopy is 16 feet- nine (g) /~ches in Gatev ;'/Texaco - CCUS 03-007 he.%ht. The e/evat/ons show that a "custom c,.~d meta/ ?ram, ed decorative e/ement" feet - six (d) inches in height. The bu//d/ng and canopy are we// be/ow //m/tat/on and are compatible with the surrounding prope,~ies. Howeveo freestanding po/e sign wou/d be/ncompat/b/e w/th a// ~/gns in the 03 zoning district and neighboring propel/es. ~0. Economic effec~ on adjacent and nearby prope~ies, and the ci~ as a whole. The existing gas station represen~ one (2) of ~0 (2) Texaco stations thro~hout the C/~ Of Boy, ton Beach. The other Texaco stat/on is/ocated at ¢4~ West Boynton Bea¢ Bou/evard. ne~/est gas stat/on to the subject prope~ wou/d either be the Hob//gas stat/on, /ocated on the southwest corner of Gateway Bou/evard and High Ridge Road or the Citgo gas stat/on, located at the southwest corner of Boynton Beach Boulevard and Federa/ Highway. Therefore, the subject gas staEon represent~ additiona/ convenience and choice for the Ci~ res/dents, which is not offered elsewhere in this area of the ci~. The app//cant states that "there are no detrimental economic effec~ on adjacent and nearby progenies and the c/~ as a who/e'~ aZ. Conformance to the standards and requiremen~ which apply to site plans, as set fo~h in Chapter ag, A~icle ~I of the Ci~ of Boynton Beach Code of Ordinances. (Pa~ lZZ Chapter 4 Site Plan Review). ~e existing use and site is non-conforming in many ways. ~f ali requested variances are approved and ali staff commen~ are addresse4 the proposed proje¢ would comply with ali requiremen~ app/icab/e sect/on~ of the ci~ code. Howeveo staff is recommending den/a/ requested var/ance~ and that these asfle~ of the site be retrofired to comply with c/~ regu/at/ons. Z2. Compliance with, and abatement of nuisances and hazards in accordance with the performance standards within Se~ion 4.N. of the Land Development Regulations, Chapter 2; also, conformance to the CiW of Boynton Beach noise Control Ordinance. W/th incorporat/on of a// condiflbns and ~taff recommendat/ons conta/ned here/n, the proposed storage add/t/on to the ex~st~rig gas-stat/on wou/d operate/n a manner that/s/n comp//ance w/th the above-referenced codes and ord/nances of the C/~ of Boynton Beach. RECON~ENDA~ON ~e Ci~ Commission approved the applicanffs Administrative Appeal (ADAP 03-00Z) to allow a 600 square foot storage addiUon to the existing gas station. ~e existing use (gas sales) and site is non- conforming. ~e building addition represen~ a major site plan modification, which requires that the entire site be brought into cotpliance wi~ current code. However, the applicant is only proposing to expand the building area to accommodate the e~ra storage area and has no intention of improving the remaining potion of the site to bring it into compliance with today's standards, which would also be cost prohibitive or even impossible due to site constrain~. To remedy the situation, the applicant is requesting ~0 variances that address the non-conforming aspe~ of the subje~ site. However, the proposed area of the addition is not consistent with ~e area that was conceptually approved by the Ci~ Commission. Fu~hermore, the proposed expansion i~elf does not comply with the Gatew,':.,/~-:,d :3 - COUS 03-007 ' ~ Z 23-228 setback requirements of the C-3 zoning district. This is a situation where staff concurs with the applicant's justification for eight (8) of the 10 variances requested that are directly ret~ :-3d to exlsting non-conforming aspects of the site. However, staff is recommending denial of bvo (2) of the 10 requested variances that specifically pertain to the ¢,ew or proposed improvements (i.e. building addition, new sign area) that could, in staffs' opinion, be built to comply with the current code. Also, staff is recommending specific conditions be applied to b,¢o (2) of the other variance requests that specifically deal with buffering the subject site from the adjacent properties (i.e. vehicular encroachment into buffer, potted plants, if possible, along North Federal Highway). Therefor, e, based on the discussion herein, staff recommends approval of the project contingent upon satis~in'g all the conditions of approval. Any additional conditions by the Community Redevelopment Agency or the City Commission would be placed in Exhibit "C" - Conditions of Approval. Pursuant to Chapter 2 - Zoning, Section 11.2 Conditional Uses, a time limit would be required for project development. Staff recommends a period of one (1) year be allowed to obtain a building permit (excluding permits for land clearing). Ell S)~la~nin~,SFLAR.ED\W'P~ROJECTS',G~teway Texaco~,COL'S 0].007 Gazeway '[",S~ff Report ~oc Location Map ~x.,.,.,,.,, Gateway Texaco / ~ / / ~-~c~~c© REC R3 / REC EXHIBIT "B" ~ h:','.::!: i~~I .-T.~.--- ~J" :) :-:i Jj ~.:.~.'..c-,~-.';:,=:.~:~J ~--'-I ~ , , :.-:-:-'-::~-:: :'-..': /5.,.~.~'..7.~ ~, ~ .... ==_ Il ,'...: '...:'_ .:: -.:: EXHIBIT "B EXHIP..' 'T ~XHIBtT "B" " ~ l ~-'-. ; ' _. ; ,.~ . : . .:. { ~.,: :. :, ----- ..... .~:, :[ : _: -' '---: .....~ ~ ~- ' ~ ~'-_~-~-~ /' ~ .Z_ ';"'"~ ...... · .... ~ . t~ .... ' ',: I'-~ ? ~~. ~ '.: ..-" ? ',~'-:. ~::~ -- - .... '~ ~ '::~;~:~ ~ CARWASH TEXACO ~ ~;'~ : ~ ' 7 ; - { ~ ! In'i~ation Plan "- ~ :- ' } i ~ Landscape Plan. Details. & Notes , -* :: 33.3G' "TEXACO" LOGO AND LET-T'ERI~':G - EXISTING SIGNAGE 24.76' _ 22 76' EXISTING SIGNAGE i -.-..--_~ 20.76' Car "Car Wash" - N~ SIGNAGE W.ash OPEN ~5.76' / ~8~ iasoilne" PRICE INDB- ~0~ ~ o~ -- EXISTING SIGNAGE D~a ~ a~ --"Diesel" PRICE INDEX- ~, G.~G' EX, ST,N~ S,~NA~E OPEN ' 0.00' EXISTING GRADE Lst 6'.-8, EXISTING SIGNAGE W/ 1 1 I PROPOSED ADDITION 1/4 SC. G.~TEWAY TEXACO ' 2360 NORTH FEDERAL HIGHWAY BOYNTON BEACH, FLORIDA 33435 EXH'?'T, ,,~,, rtl I I 2360 N. FEDERAL HWY'. (,,') BOYNTON BE~ ':., FLORIDA, 33435 }. i . ,--E PLA~ P.'-;OTOMETRICVALUES EXHIBIT "B ::t z - . _ EXHIBIT "E ;' "~ "- ~ ., ~-- :'i:~- '~ · '- ..... I " ~=='~-~ _' S~;+ '. -~' :': I. '~ :'~ ~:" .... , ...... .... ; ~ ~;:~ ': . : - ._ i~~` ~ ,- : .. ,,., ';:-x;- -( ~ '1: =_ _ ~ {;,i iii , , ¢~ ~,t~ ~ .r'~'~'l. "~ "~ ::,:,~ ~ i',~i; ' ~'l ~, , .... , i;~, l:~ ,Hi.' -~,, ,,-- , F_,tl .~.~ ii ,~ Il,. ,l~! I ~ .. H,i; I '"'{'-- l ~:,.,.......,.,,,~ ;: ... ,... ~ trl~ ~li~.tlllJ~li I ttk J~ fiEF, t , ,., .. ,.' ,. ,-,, ,'- -. : ......~ {i ~ , I~ Itlie '!~,~ li~,lll! i~,~,-r-~f- '. j J:,ijjJl, ,~ ! Iii. ,{i~jj~.~ qj!i ~{,li,JJll._-,i~ I,i ,~4~..,-11 il """ "'" ' ' :" '" " .... ~,'~" :' ' }"ii~ !! ,! ~' ,; !'~ .... ;.! ! li~,,Jl i, ~ ,, t .~'i tr I ,i ,,, .... ", '~ .... , { ', i f~ t_-.~_', , . , lil:l : {i~'~ { :!"~ ~:;i }ii:~ ,, ~ H. Burton Smith, P.E. mT~ DEVELOPMENT DE't'AILS COnSL'I.T:.nC r.WGLn£rR~ mArO'_i: CA" ~,'S" , EXHBIT "C" Conditions of Aooroval Project name: Gateway Texaco File number: COUS 03-007 Reference: 3rd review plans identified as a Conditional Use with a September 23, 2003 Planning and Zonin~ Department date stamp marking. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS - General Comments: None X PUBLIC WORKS - Traffic Comments: 1. Show parking stops on the plans. These will be required to prevent vehicles X from overhan~ing sidewalks and reducing accessible width. 2. A signed and executed ingress / egress easement must be reviewed and X approved by City pnor to the issuance of a buildin~ permit. UTILITIES Comments: 3. Utility construction details as shown on Civil Engineering (CE) sheets 3 of 3 X will not be reviewed for construction acceptability at this time. All utility construction details shall be in accordance with the Utilities Department's "Utilities Engineering Design Handbook and Construction Standards" manual; they will be reviewed at the time of construction permit application. ENGINEERING DIVISION Comments: 4. Please note that changes or revisions to these plans may generate additional X comments. Acceptance of these plans during the TRC process does not ensure that additional comments may not be generated by the Commission and at pemfit review. 5. Proof of other agency permits shall be required prior to the issuance of the X paving and drainage permit. 6. Sidewalks shall be four (4) feet wide along local streets, and five (5) feet wide X along streets of higher classification (LDR, Chapter 6, Article IV, Section 10.T, and Chapter 22, Article I, Section 5). 7. Show sight triangles on the landscape plans (LDR, Chapter 7.5, Article II, X Section 5.H.). Use 25 (twenty-five) foot triangles for the driveway onto/off of COA 10/09/03 2 DEPARTMENTS INCLUDE REJECT Las Palmas. Please note, in accordance with the referenced section of the LDR, that the sight triangles are placed at the intersection of the property line and side of accessway. Use FDOT Standard Index 546 for the sight triangles along Federal Highway, following that standard for triangle placement. 8. The medians on Federal Highway and the chase area(s) in the vicinity of this X project have existing irrigation and plant material belonging to the City of Boynton Beach. Any damage to the irrigation system and/or plant material as a result of the contractor's operations shall be repaired or replaced to the equivalent or better grade, as approved by the City of Boynton Beach, and shall be the sole responsibility of the developer. Please acknowledge this notice in your comments response and add a note to the plans with the above stated information. 9. Full drainage plans in accordance with the LDR, Chapter 6, Article IV, X Section 5 will be required at the time of permitting. Any work done within the fight-of-way and/or to existing facilities within the right-of-way of Federal Highway will require review, approval and permittinl~ by the Florida DOT. 10. Paving, drainage and site details as shown on site development sheet 3 of 3 X will not be reviewed for construction acceptability at this time. The details provided are outdated. All engineering construction details shall be in accordance with the "City of Boynton Beach Engineering Design Handbook & Construction Standards and will be reviewed for constmctability at the time of construction permit application. The Engineering Design Handbook may be obtained by contactin$ the En~ineerin~ Division. FIRE Comments: None X POLICE Comments: None X BUILDING DIVISION Comments: 11. Buildings, structures and parts thereof shall be designed to withstand the X minimum wind loads of 140 mph. Wind forces on every building or structure shall be determined by the provisions of Chapter 6 of ASCE 7, and the provisions of Section 1606 (Wind Loads) of the 2001 FBC. Calculations that are signed and sealed by a design professional registered in the state of Florida shall be submitted for review at the time of permit application. 12. Add a labeled symbol to the site plan drawing that represents and delineates X the path of travel for the accessible route that is required between the COA 10/09/03 DEPARTMENTS INCLUDE REJECT accessible parking spaces and the accessible entrance doors to the building. The installed symbol, required along the path, shall start at the accessible parking spaces and terminate at the accessible entrance doors to the building. The symbol shall represent the location of the path of travel, not the location of the detectable warning or other pavement markings. The location of the accessible path shall not compel the user to travel in a drive/lane area that is located behind parked vehicles. Identify on the plan the width of the accessible route. (Note: The minimum width required by the code is forty-four (44) inches). Add text to the drawing that would indicate that the symbol represents the accessible route and the route is designed in compliance with Section 11- 4.3 (Accessible Route) and 11-4.6 (Parking and Passenger Loading Zones) of the 2001 FBC. Please note that at time of permit review, the applicant shall provide detailed documentation on the plans that will verify that the accessible route is in compliance with the regulations specified in the 2001 FBC. This documentation shall include, but not be limited to, providing finish grade elevations along the path of travel. Parking access aisle shall slope no more than 1:50 per Florida Building Code 11-4.6.3. 13. Identify within the site data the finish floor elevation (lowest floor elevation) X that is proposed for the building. Verify that the proposed elevation is in compliance with regulations of the code by adding specifications to the site data that address the following issues [Section 3107.1.2, Chapter 31 of the 2001 FBC]: a) The design professional-of-record for the project shall add the following text to the site data. "The proposed finish floor elevation NGVD is above the highest 100-year base flood elevation applicable to the building site, as determined by the SFWMD's surface water management construction development regulations." 14. At time of permit review, submit signed and sealed working drawings of the X proposed construction. 15. A water-use permit for the irrigation system is required from the SFWMD. A X copy of the permit shall be submitted at the time of permit application, F.S. 373.216. 16. The propane gas storage area shall comply with the requirements of NFPA 58. X Indicate the capacity of-the container, how the container is protected from physical damase, etc.. PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: COA 10/09/03 4 DEPARTMENTS INCLUDE REJECT 17. The applicant must indicated on the landscape plan the existing trees / X vegetation that will be preserved, relocated or removed / replaced on the site. A separate symbol should be used on the landscape plan to identify these trees / vegetation (Tree Legend) (Chapter 7.5, Article II Sec. 7.C.). 18. The Las Palmas road right-of-way must receive Flontam sod and irrigation X (Chapter 7.5, Article II Sec. 7.C.). PLANNING AND ZONING Comments: 19. If approved, the proposed building addition would be limited to 600 square X feet in order to be consistent with the previous City Commission approval of the Administrative Appeal (ADAP 03-001). 20. Approval of the proposed building addition is contingent upon the granting of X the requested driveway variance (ZNCV 03-010): see accompanying staff report. If approved, this variance must be indicated in the site plan's tabular data. 21. Approval of the proposed building addition is contingent upon the granting of X the requested driveway variance (ZNCV 03-011): see accompanying staff report. If approved, this variance must be indicated in the site plan's tabular data. 22. Approval of the proposed building addition is contingent upon the granting of X the requested driveway variance (ZNCV 03-012): see accompanying staff report. If approved, this variance must be indicated in the site plan's tabular data. 23. Approval of the proposed building addition is contingent upon the granting of X the requested building setback variance (ZNCV 03-013): see accompanying staff report. However, if approved, this variance must be indicated in the site plan's tabular dam. 24. Approval of the proposed-building addition is contingent upon the granting of X the requested canopy s6tbaek variance (ZNCV 03-014): see accompanying staff report. If approved, this note must be indicated in the site plan's tabular data. 25. Approval of the proposed building addition is contingent upon the granting of X the requested canopy setback variance (ZNCV 03-015): see accompanying staff report. If approved, this note must be indicated in the site plan's tabular data. . 26. Approval of the proposed building addition is contingent upon the granting of X COA 10/09/03 DEPARTMENTS INCLUDE REJECT the requested buffer variance (ZNCV 03-016): see accompanying staff report. If approved, this note must be indicated in the site plan's tabular data. Also, staff recommends that the Ixora "Nora Grant" shrubs be 36 inches in height at the time of installation within the landscape buffer along Las Palmas Avenue and where possible, additional screening shall be provided (i.e. planters) along North Federal Highway. 27. Approval of the proposed building addition is contingent upon the granting of X the requested buffer variance (ZNCV 03-017): see accompanying staff report. If approved, this note must be indicated in the site plan's tabular data. 28. Approval of the proposed building addition is contingent upon the granting of X the requested sign variance (ZNCV 03-023): see accompanying staff report. If approved, this variance must be indicated in the site plan's tabular data. 29. Approval of the proposed building addition is contingent upon the granting of X the requested buffer variance (ZNCV 03-024): see accompanying staff report. If approved, this note must be indicated in the site plan's tabular data. Staff is recommending that the angled parking space, which is proposed to protrude into the east landscape buffer, be eliminated so as to nullify the need for the variance. If the proposed parking space were eliminated, the variance would only apply to the vehicular encroachment into the north landscape buffer. 30. Revise the site plan tabular data so that it correctly indicates the number of X required parking spaces (2,400 square feet ~ 1/250 = 10 spaces). 31. The cross-access agreement between the two (2) lots must be approved by the X City Attomey's office and recorded prior to the issuance of a building permit. 32. The existing wall must be refurbished (in those areas of its decay) and X repainted to match the color of the Gateway Texaco building. 33. Ensure that all the proposed plant quantities correspond between what is X shown on the graphic illustration and its corresponding plan list on sheet "L- ,,. 34. Non-word depictions on signs shall be limited to 20% of the area of the sign X erected. Color limitation shall not apply to non-word depictions on signs (Chapter 9, Section 10.1:4.). On the elevations, indicate the area of the non- word depictions in order to ensure compliance with the aforementioned code. 35. The freestanding pole sign is nonconforming in terms of its height and setback. X The maximum sign area for the freestanding pole sign shall be one (1) foot of sign area for each linear foot of street frontage; no such sign shall exceed 64 square feet in area (Chapter 21, Article IV, Section 2.B.). On the elevations, indicate the existing signage area of the freestanding sign to ensure compliance with the Regulations. COA 10/15/03 4 DEPARTMENTS iNCLUDE REJECT 17. The applicant must indicated on the landscape plan the existing trees / X vegetation that will be preserved, relocated or removed / replaced on the site. A separate symbol should be used on the landscape plan to identify these trees / vegetation (Tree Legend) (Chapter 7.5, Article II Sec. 7.C.). 18. The Las Palmas road right-of-way must receive Floritam sod and irrigation X (Chapter 7.5, Article II Sec. 7.C.). PLANNING AND ZONING Comments: 19. If approved, the proposed building addition would be limited to 600 square X feet in order to be consistent with the previous City Commission approval of the Administrative Appeal (ADAP 03-001). 20. Approval of the proposed building addition is contingent upon the granting of X the requested driveway variance (ZNCV 03-010): see accompanying staff report. If approved, this variance must be indicated in the site plan's tabular data. 21. Approval of the proposed building addition is contingent upon the granting of X the requested driveway variance (ZNCV 03-011): see accompanying staff report. If approved, this variance must be indicated in the site plan's tabular 22. Approval of the proposed building addition is contingent upon the granting of X the requested driveway variance (ZNCV 03-012): see accompanying staff report. If approved, this variance must be indicated in the site plan's tabular 23. Approval of the proposed building addition is contingent upon the granting of X the requested building setback variance (ZNCV 03-013): see accompanying staff report. However, if approved, this variance must be indicated in the site plan's tabular data. 24. Approval of the proposed'building addition is contingent upon the granting of X the requested canopy s~tbaek variance (ZNCV 03-014): see accompanying staff report. If approved, this note must be indicated in the site plan's tabular 25. Approval of the proposed building addition is contingent upon the granting of X the requested canopy setback variance (ZNCV 03-015): see accompanying staff report. If approved, this note must be indicated in the site plan's tabular 26. Approval of the proposed building addition is contingent upon the gxantin$ of X COA 10/15/03 DEPARTMENTS INCLUDE REJECT the requested buffer variance (ZNCV 03-016): see accompanying staff report. If approved, this note must be indicated in the site plan's tabular data. Also, staff recommends that the Ixora "Nora Grant" shrubs be 36 inches in height at the time of installation within the landscape buffer along Las Palmas Avenue and where possible, additional screening shall be provided (i.e. planters) along North Federal Highway. 27. Approval of the proposed building addition is contingent upon the granting of X the requested buffer variance (ZNCV 03-017): see accompanying staff report. If approved, this note must be indicated in the site plan's tabular data. 28. Approval of the proposed building addition is contingent upon the granting of X the requested sign variance (ZNCV 03-023): see accompanying staff report. If approved, this variance must be indicated in the site plan's tabular data. 29. Approval of the proposed building addition is contingent upon the granting of X the requested buffer variance (ZNCV 03-024): see accompanying staff report. If approved, this note must be indicated in the site plan's tabular data. Staff is recommending that the angled parking space, which is proposed to protrude into the east landscape buffer, be eliminated so as to nullify the need for the variance. If the proposed parking space were eliminated, the variance would only apply to the vehicular encroachment into the north landscape buffer. 30. Revise the site plan tabular data so that it correctly indicates the number of X required parking spaces (2,400 square feet ~ 1/250 = 10 spaces). 31. The cross-access agreement between the two (2) lots must be approved by the X City Attorney's office and recorded prior to the issuance of a building permit. 32. The existing wall must be refurbished (in those areas of its decay) and X repainted to match the color of the Gateway Texaco building. 33. Ensure that all the proposed plant quantities correspond between what is X shown on the graphic illustration and its corresponding plan list on sheet "L- ,,. 34. Non-word depictions on signs shall be limited to 20% of the area of the sign X erected. Color limitation shall not apply to non-word depictions on signs (Chapter 9, Section 10.1.'4.). On the elevations, indicate the area of the non- word depictions in order to ensure compliance with the aforementioned code. 35. The freestanding pole sign is nonconforming in terms of its height and setback. X The maximum sign area for the freestanding pole sign shall be one (1) foot of sign area for each linear foot of street frontage; no such sign shall exceed 64 square feet in area (Chapter 21, Article IV, Section 2.B.). On the elevations, indicate the existing signage area of the freestanding sign to ensure compliance with the Regulations. COA 10/15/03 6 DEPARTMENTS INCLUDE REJECT 36. Any sign or additional signage area proposed on the subject property that X advertises for a use on an adjacent property would be classified as an off- premise sign. An off-premise sign is not permitted pursuant to Chapter 21, Article II, Section 3.S of the Land Development Regulations. However, if the "Carwash" wording is part of the official business name, provide document to verify same. Wording on the sign should graphically and accurately reflect / correspond with the official business name. 37. On the elevation pages, calculate the area (in square feet), including their X dimensions, of each sign so that collectively, the cumulative area of all wall signage complies with Chapter 21, Article 4, Section C.3. Also, indicate the letter colors and sign material. Chapter 9, Section 10.I.6 of the City Of Boynton Beach Land Development Regulations requires that project signage be in scale with the building. 38. Rooftops will be treated as part of the building elevation. All rooftop X equipment must be completely screened from view at a minimum distance of 600 feet (Chapter 9, Section 11.E.). 39. Equipment placed on the walls of the buildings shall be painted to match the X building color (Chapter 9, Section 10.C.4.). Place a note on the elevations indicating this requirement. 40. Also, if approved, pursuant to Chapter 2 - Zoning, Section 11.2 Conditional X Uses, a time limit would be required for project development. Staff recommends a period of one (1) year be allowed to obtain a building permit ~excludin$ permits for land clearin$). ADDITIONAL COMMUNITY REDEVELOPMENT AGNECY COMMENTS: Comments: 41. Provide directional signs (regarding the carwash) on the gas station property at X the north driveway opening along Federal Highway. 42. Comment #23 rejected consistent with Board's denial recommendation on X setback variance. 43. Comment #29 to be rejected to reflect applicant's withdrawal of buffer X variance. ADDITIONAL CITY COMMISSION COMMENTS: Comments: 42. To be determined. ' S:\Planning\Shared\Wp\Projects~Gateway Texaco\COUS 03-007 Gateway ~COA.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Gateway Texaco APPLICANT'S AGENT: Mr. Beril Kruger of Beril Kruger Planning & Zoning Consultants AGENT'S ADDRESS: 9 Northeast 16th Street Delray Beach, FL 33444 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: October 21, 2003 TYPE OF RELIEF SOUGHT: Request conditional use ! major site plan modification to construct a 681 square foot addition to an existing 1,719 square foot gasoline- dispensing establishment for a total of 2,400 square feet on a 0.48 acre lot in the C-3 zoning district. LOCATION OF PROPERTY: 2360 North Federal Highway DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO 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 Board, which Board found as follows: OR X 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: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". 4. The Applicant's application for relief is hereby ~ GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order sl~all take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: City Clerk S:~Planning~Shared\Wp~rojec~s\Gateway Texaco\COUS 03-007 Gateway TOO.doc · IX. - CITY MANAGER'S REPORT CITY OF BOYNTON BEACH ITEM A AGENDA ITEM REQUEST FOl v Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] August 5. 2003 July 14, 2003 (Noon.) 3ctober 7, 2003 September 15, 2003 (Noon) [] August 19, 2003 August 4, 2003 (Noon) J~ October 21, 2003 October 6. 2003 (Noon) · , September 2, 2003 August 18, 2003 (Noon) [] November 5, 2003 October 20, 2003 (Noon) September 16, 2003 September 2, 2003 (Noon) [] November 18, 2003 November 3, 2003 (Noon) [] Administrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Discussion of Marina Development Agreement per developer's request for dissolution of the Second Revised Development Agreement. EXPLANATION: The developer of the Marina project has requested that the City Commission consider rescinding the Marina development agreement. The agreement is the "Third Revised Development Agreement" which provided a time extension to the "Second Revised Development Agreement," dated June 6, 2000. I am attaching the Second Revised Agreement as (Exhibit A) since it contains the substance of the agreement between the developer and the City. The request for release of the Agreement is contained in a letter from legal counsel for the developer dated April 9, 2003. (Exhibit B) In addition, the City has received a letter from legal counsel for Two George's Restaurant opposing the release of the Development Agreement at this time. (Exhibit C) The original development agreement, as amended called for 207 public parking spaces. Of these, 59 spaces were to be provided on Casa Loma, leaving 148 unrestricted parking spaces elsewhere on the Marina development property. Per the 1999 Amended Mediation Agreement, Two George's Restaurant was to provide off-site permanent parking for employees and to meet the parking requirement for the additional floor area of the restaurant provided in 2002. (Exhibit D.) Per the latest site plan approved by the CRA/City Commission, the following parking is provided on the site plan: Regular on grade surface parking: 15 Spaces Handicapped on grade surface: 4 Spaces Regular Parking Spaces in Deck 725 Spaces (includes parking for condos and commercial uses) Handicapped Parking in Deck 15 Spaces Townhouse Parking 22 Spaces (not approved yet) 781 Spaces In addition, there are 24 on grade surface parking spaces plus 2 on grade handicapped spaces on the south side of Marina Drive/Casa Loma. These are "public access" spaces. PROGRAM IMPACT: None direct. However, there is a perceived lack of public access to the site because unrestricted public parking is not part of the approved site plan, to date. SSI3ULLETIN'~FORMS',AGENDA ITEM REQUEST FORM.DOC O CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM FISCAL IMPACT: Not known at this time but it should be noted that release of' the Agreement will extinguish the City's security interest in the property which was created to secure the value of' the incentives the City provided to the developers. ALTERNATIVES: 1. Dissolve the Development Agreement per the request of the Marina Developer. Refer the issue of' parking matters and property owner association matters to staff for further mediation between the City, ~'RA, developer and business interests. The staff has conducted one meeting of' the participants on May 13u~. Department Head's Signature City Manager's Signature Department Name City Attorney / Finance / Human Resources S:~BULLETIN~FORMS~GENDA ITEM REQUEST FORM.DOC XII. - LEGAL ITE~ A.1 CITY OF BOYNTON BEACI AGENDA ITEM REQUEST FORtvl Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] August 5, 2003 July 14, 2003 (Noon.) [] October 7, 2003 September 15, 2003 (Noon) [] August 19, 2003 August 4, 2003 (Noon) [] October 21, 2003 October 6, 2003 ('Noon) [] September 2, 2003 August 18, 2003 (Noon) [] November 5, 2003 October 20, 2003 (Noon) [] September 16, 2003 September 2, 2003 (Noon) [] November 18, 2003 November 3, 2003 (Noon) [] Admimstrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unfinished Business · - RECOMMENDATION: Please place the request below on the October 21, 2003 City Commission agenda under Legal, Ordinances - Second Reading. The City Commission with a unanimous vote approved this item under First Reading on October 7, 2003. For further details pertaining to this request see attached Department of Development Memorandum No. 99-246. EXPLANATION: PROJECT NAME: N.W. 3a~ COURT {FIRST BAPTIST CI-FtJRCIt) AGENT: Bradley Miller, Miller Land Planning Consultants OWNER: City of Boynton Beach LOCATION: Intersection ofN.W. 3~a Court and N.W. 3ra Avenue DESCRIPTION: Request for abandonment of a 0.248-acre, triangular-shaped portion of the N.W. 3ra Court fight-of-way located between the First Baptist Church and N.W. 3r° Avenue. The incremental abandonment ofN.W. 3~a Avenue began in 1994, and has culminated in the request for abandonment of this final segment to make way for the church expansion project that received site plan approval on May 21, 2002. The subject abandonment was originally processed and granted conditional approval in late 1999. Due to the existence of conditions, ordinance adoption has been delayed until all conditions are satisfied. Staff understands that the necessary easements have now been dedicated thereby satisfying the subject conditions fi.om the City and FP & L. Staffcontmues to endorse the approval of this abandonment. PROGRAM IMPACT: -N/A nSCAI~ m~'ACT: ~/9' N/A Development l~par~nt Btrector -~ity Manager's Signature Plannin~ and Zol~v~ector City Attorney / Finance / Human Resources S:hOlanningXS HARED\WPXPROJECTSXFIRST BAPTIST CHURCH ABAN'~genda request 10-21-03.dot ORDINANCE NO. O 03 - ~'~' AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING .ABANDONMENT OF A PORTION OF THE ROAD RIGHT OF WAY FOR N.W. 3a° COURT, SUBJECT TO STAFF COMMENTS; AUTHORIZING EXECUTION OF A DISCLAIMER, WHICH SHALL BE RECORDED IN THE PUq3LIC RECORDS OF PALM BEACH COUNTY, FLORIDA; AND PROVIDING AN EFFECTWE DATE. WHEREAS, the First Baptist Church has requested abandonment of that remaining ortion of the road fight-of-way for Northwest 3r'~ Court, including the triangular parcel (lot il92) which functions as a median within NW 3rd Court, subject to staff comments, and reserving adequate utility easements to the City of Boynton Beach; and WHEREAS, comments have been solicited from the appropriate City Departments, and public hearings have been held before the City's Planning and Development Board, and the City Commission on the proposed abandonment; and; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF rilE CITY OF BOYNTON BEACH, FLORIDA THAT: Section 1. The foregoing Whereas clauses are tree and correct and incorporated herein by this reference. Section 2. The City Commission of the City of Boynton Beach, Florida, does hereby abandons a portion of the road right of way for N.W. 3rd Court as shown on the plat of Boynton Hills, according to the place thereof as recorded in plat book 4, page 51, public [records of Palm Beach County, Florida. The abandonment includes Lot 192, a triangular ~arcel which functioned as a median within NW 3rd Court, and more particularly described in I~the attached Exhibit "A". Section 3. The City Manager is hereby authorized and directed to execute and teliver the attached Disclaimer and cause the same to be filed in the Public Records of Palm leach County, Florida. Section 4, This Ordinance shall take effect immediately upon passage. FIRST READING this '"] day of OO. TO~.l~., 2003 S:\CA\Ordinances~Ai~a~do~men~First ~al:~ Church.doc SECOND, FINAL READING AND PASSAGE THIS day of ,2003. CITY OF BOY'NTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner ;T: Clerk A portion of the road right of way for N.W. 3'" Court as shown on the plat of Boynton Hills, according to the plat thereof as recorded in plat book 4, page 51. public records of Palm Beach County, Florida, described as follows: Beginning at the intersection of the east right of way line of N.W. 1" street and the south right of way of said N.W. 3'" court, said point also being the northwest corner of lot 123, block A of said plat of Boynton Hills; thence N.1°12'45"W., along the northerly projection of the easterly right of way line of said N.W. 1" Street, a distance of 7.94 feet to a point on a curve concave to the southeast having a central angle of 76°46'00'' and a radius of 25.00 feet; thence northeast, along the arc of said curve, a distance of 33.50 feet to a point on the westerly projection of the south right of way line of N.W. 3'" Avenue as shown on said plat of Boynton Hills; thence N.75°33'lS"E., along said south right of way line, a distance of 46.69 feet to a point on a non tangent curve concave to the south having a central angle of 5°24'45" and a radius of 616.65 feet with a chord bearing of S.79°11'57"E.; hence east, along the arc of said curve and along the north right of way line of said N.W. 3'" Court said line also being the south line of lot 192, block A, said plat of Boynton Hills, a distance of 58.25 feet to a point on a non tangent curve concave to the east having a central angle of 17°23'46" radius of 85.32 feet and a chord beanng of N.1°18'38"E. said point also being a point on the east line of said lot 192, block A; thence north, along the arc of said curve, a distance of 25.90 feet to a point on the south dght of way line of said N.W. 3'" Avenue; thence N.75°33'15"E., along said south right of way line, a distance of 77'.67' feet to a point on a curve concave to the east having a central angle of 145°03'35", radius of 35.32 feet and a chord beadng of S.3°01'27"W; thence southerly, along the arc of said curve, a distance of 89.42 feet to a point on the north dght of way line of said N.W. 3'" Court; thence S.20"29'40"W., a distance of 25.00 feet to a point on the centedine of said N.W. 3'" court and a point on a curve con~ave to the south having a central angle of 0°02'09", radius of 591.65 feet and chord bearing of S.69°26'54"E.; thence easterly, along the arc of said curve, a distance of 0.37' feet; thence S.20°34'08"W., A distance of 25.00 feet to a point on the south dght of way line of said N.W. 3'" Court and a point on a curve concave to the south having a central angle of 18°14'24", radius of 566.65 feet and a chord bearing of N.78°33'04"W.; thence westerly, along the - arc of said curve and along said south dght of way line, a distance of 180.39 feet to the point of beginning. Including Lot 192, a ~riangular parcel which functioned as a median within NY 3rd Court. Containing 10,819 square feet or 0.2484 acres more or less. DISCLAIMER I~NOW ALL MEN BY THESE PRESENTS that the City of Bo.vnton Beach, Florida, a municipal corporation, under the laws of the State of Florida, does hereby abandon a portion of the road right of way for N.W. 34d Court as shown on the plat of Boynton Hills, according to the plat thereof as recorded in plat book 4, page 51, public records of Palm Beach County, Florida, including Lot 192, and more particularly described in the attached Exhibit IN WITNESS WHEREOF, the duly authorized officers of the City of Boynton Beach, Florida, have hereunto set their hands and affixed the seal of the City this __ day of September, 2003. ATTEST: CITY OF BOY'NTON BEACH, FLORIDA Janet Prainito Kurt Bressner, City Manager City Clerk STATE OF FLORIDA ) )SSi COUNTY OF PALM BEACH ) BEFORE ME, the undersigned authority, personally appeared Kurt Bressner and Janet Prainito, City Manager and City Clerk respectively, of the City of Boynton Beach, Florida, known to me to be the persons described in and who executed the foregoing instrument, and acknowledged the execution thereof to be their fi'ee hand and deed as such officers, for the uses and purposes mentioned therein; that they affixed thereto the official seal of said corporation; and that said instrument is the act and deed of said corporation. WITNESS my hand and official seal in the said State and County this ~ day of September, 2003. NOTARY PUBLIC, State of Florida My Commission Expires: DF_',,'=LOPI¥,EN'T SERVIC---$ D'2PAF, TMENT MEMORANDUM NO. PZ 99-246 TO: Chairman ar-,d Members P!anning and Development BcarC THRU: Michael W Rumpf P!ar~ning and Zoning Oirectcr FROM: Jose Alfaro Assistant Planner DATE: October 22, 1999 SUBJECT: First Baptist Church Abandonment (ABAN 99-004) Northwest 3~ Court NATURE OF REQUEST Bradley Miller of Miller Land Planning Consultants, Inc., agent for the First Baptist Church, is requesting abandonment of that remaining portion of the road right-of-way for Northwest 3r~ Court located southeast of NW 3~ Avenue, as shown on the plat of Boynton Hills, according to the plat thereof as recorded in plat book 4, page 51, public records of Palm Beach County, Flodda, which is also described as follows (See Exhibit "A" - Location Map): Beginning at the intersection of the east dght of way line of N.W. lS~ street and the south dght of way of said N.W. 3~ court, said point also being the northwest comer of lot 123, block A of said plat of Boynton Hills; thence N.1a12'45"W., along the northerly projection of the eastedy right of way line of said N.W. 1 s~ S~.reet, a distance of 7.94 feet to a point on a curve concave to the southeast having a central angle of 76%6'00" and a radius of 25.00 feet; thence northeast, along the arc of said curve, a distance of 33.50 feet to a point on the westedy projection of the south dght of way line of N.W. 3~d Avenue as shown on said plat of Boynton Hills; thence N.75~33'15"E., along said south right of way line, a distance of 46.69 feet to a point on a non tangent curve concave to the south having a central angle of 5°24'45" and a radius of 616.65 feet with a chord beadng of S.79°11 '57"E.; hence east, along the arc of said curve and along the north dght of way line of said N.W. 3~ Court said line also being the south line of lot 192, block A, said plat of Boynton Hills, a distance of 58.25 feet to a point on a non tangent curve concave to the east having a central angle of 17'~23'46" radius of 85.32 feet and a chord bearing of N.1o18'38"E. said point also being a point on the east line of said lot 192, block A; thence north, along the arc of said curve, a distance of 25.90 feet to a point on the south right of way line of said N.W. 3~'~ Avenue; thence N.75°33'15"E., along said south right of way line, a distance of 77.67 feet to a point on a curve concave to the east having a central angle of 145°03'35'', radius of 35.32 feet and a chord beadng of S.3~01 '27"W; thence southerly, along the arc of said curve, a distance of 89.42 feet to a point on the north dght of way line of said N.W. 3'~ Court; thence S.20¢29'40"W., a distance of 25.00 feet to a point on the centedine of said N.W. 3rd court and a point on a curve concave to the south having a central angle of 0~02'09'', radius of 591.65 feet and chord beadng of S.69o26'54"E.; thence easterly, along the arc of said curve, a distance of 0.37 feet; thence S.20~34'08"W., A distance of 25.00 feet to a point on the south Page 2 kie,,'z'3rancum No. PZ 99-246 ABAN 99-004 right of way line of said N.W. 3~: Coum and a point on a cur~e concave to the south having a central angle of 18014'24'', radius of 566.65 feet and a chord bearing cf N.78%3'04."W.; thence westerly, a!cr.g the arc of said curze and along said south right of way line, a distance of 180.39 feet to the pein[ of beginning. Containing 10,819 square feet or 0.2484 acres more or less. Those parcels adjacent to the subject right-of-way have been purchased and assembled for the ultimate expansion of the church. A conce,~tual site plan for the project, showing the planned establishment of all required easements and necessary relocations, was provided as part of this abandonment application (See Exhibit "B"). The attached Exhibit "C" is a survey that shows the location of the subject right-of-way and includes a legal description for that portion of the nght-of-way to be abandoned. BACKGROUND The subject request represents a further abandonment of this right-of-way, which first began in 1994, by Resolution No. 94-53, when a three-hundred-seventy-four (374) foot segment of NW 3r~ Court was abandoned and closed to Seacrest Boulevard. The subject request is for the abandonment of the remaining portion of this right-of-way located southeast of its intersection with NW 1 ~t Street. It is logical to request this abandonment which will allow the church to square-off its property and plan for the expansion of its facility. The Church owns all the surrounding properties on both sides of NW 3~ Court, south of NW 3~'~ Avenue. Florida Power and Light, and Cit',/of Boynton Beach Utilities Department require easement dghts adequate to preserve utilities within this area. This is effectively dealt with in the conditions of approval, whereby the applicant must show that such easements are established pdor to final approval of this request. ANALYSIS Public notice has been given to the property owners that abut the right-of-way to be abandoned, and has been advertised in the newspaper. A summary of the review by the utility companies and city staff as follows: CITY DEPARTMENTS Planning and Zoning No objection as long as conditions of approval are met. Engineering No objection. Utilities - No objection provided that a utility easement be to the City over the existing sewer and lines within the current right-of-way. The should be required to provide needed description and dedication of the easement to finalization of the abandonment. PUBLIC UTILITY COMPANIES Florida Power and Light - FPL is unable to abandon the existing power line easement that services the church. However, FPL is F age 3 Memorandum No. PZ $9-246 ABAN 99-004 willing to abandon the easement that services the existing residences west and ncrth of the church, provided that a new easeme~( be provided for future growth. 8etl South No objection. Ficrida Public Utilities Company - No objection. Cable Company (Comcast Telemedia, and Adelphia) No objection. The following is a description of the zoning districts and land uses of the properties that surround the subject right-of-way. North Residential property zoned R-I-A (Single family residential district). East - Seacrest Boulevard and farther east, residential property zoned R-2. South - Boynton Beach Boulevard and farther south residential property zoned C- 2 (Neighborhood Commercial) West - Residential property zoned R-I-A. RECOMMENDATION Staff recommends approval of this request, subject to comments included in Exhibit "D" - Conditions of Approval. xc: Central File j:\$HROATA',.P!anninc~\$HARED',,W~.PROJECTS',FtRST ~&P'T[S'~ CHURCH ABAN~.staff re~rt- al~an?oc L~CATION MAR E,Xh;IEIT ~, r,~W 3RD COURT ABANDONMENT --- ! ~ ; ' , , ~ : .~,.~ ........ ~ ....... ~. . ,, ',, : 't'. ~ 1~ · ~ . L.-- iF, ' '~[.' '7' ' ':'""[~... i'/' ...... ' -. ~ --. ''';;;' I · -- . ,.. ,~ I I,. ~', . · !! ,,, ~ '0 400.'800 FEET ': ~ ~'~" · PROPOSED ABANDONMENT R/W ABANDONED CHURCH OWNED PROPERTIES GRDI'NANCE NO. 0 03 AN ORDff4ANCE OF THE CITY OF BOYNTON BEACH, FLORJ:DA. AUTHORIZING ,KBANDONMENT OF A PORTION OF THE ROAD RIGHT OF WAY FOR N.W. 3~ COURT, SU-BJECT TO STAFF COMMENTS; AUTHORiZENG EXECUTION OF A DISCLALMER. WHICH SFLad..L BE RECORDED IN' THE PUBLIC RECORDS OF PALM BEACH COU~'TY, FLORIDA; AND PROVIDENG AN EFFECTIVE DATE. WHEREAS, the First Baptist Church has requested abandonment of that remaining ~ortion of the road right-of-way for Northwest 3rd Court, including the triangular parcel (lot [192) which functions as a median within NW 3r'~ Court, subject to staff comments, and ~reserving adequate utility easements to the City of Boynton Beach; and WHEREAS, comments have been solicited from the appropriate City Departments, nd public hearings have been held before the City's Planning and Development Board, and the City Commission on the proposed abandonment; and; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF' THE CITY OF' BOYNTON BEACH, FLORIDA THAT: Section 1. The foregoing Whereas clauses are true and correct and incorporated herein by this reference. Section 2. The City Commission of the City of Boynton Beach, Florida, does hereby abandons a portion of the road right of way for N.W. 3rd Court as shown on the plat of Boynton Hills, according to the place thereof as recorded in plat book 4, page 5 I, public :ecords of Palm Beach County, Florida. The abandonment includes Lot 192, a triangular arcel which functioned as a median within NW 3r~ Court, and more particularly described in the attached Exhibit "A". Section 3. The City Manager is hereby authorized and directed to execute and deliver the att.~hed Disclaimer and cause the same to be filed in the Public Records of Palm ~each County, Florida. Section 4. This Ordinance shall take effect immediately upon passage. FIRST READING this ~ day of ,2003 SECO?.?D. FEN'AL R..E.4DD4'G AND PASSAGE THIS day of ,2003. CITY OF BOYNTON BEACH. FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner ~.TTEST: City Clerk A ¢=rtion of the road right of way for N.W. 3'" Court as shown on the plat of Boynton Hills, according to the plat thereof as recorded in plat book 4, page 51, public records of Palm Beach County, Florida, described as follows: Beginning at the intersection of the east dght of way line of N.W. 1" street and the south right of way of said N.W. 3'" court, said point also being the northwest corner of lot 123, block A of said plat of Boynton Hills; thence N.l°12'45"W., along the northerly projection of the easterly right of way line of said N.W. 1" S[reet. a distance of 7.94 feet to a point on a curve concave to the southeast having a central angle of 76°46'00'' and a radius of 25.00 feet; thence northeast, along the arc of said curve, a distance of 33.50 feet to a point on the westerly projection of the south dght of way line of N.W. 3'" Avenue as shown on said plat of Boynton Hills; thence N.75°33'15"E., along said south right of way line, a distance of 46.69 feet to a point on a non tangent curve concave to the south having a central angle of 5°24'45" and a radius of 816.65 feet with a chord bearing of S.79°11'57"E.; hence east, along the arc of said curve and along the north dght of way line of said N.W. 3'" Court said line also being the south line of lot 192, block A, said plat of Boynton Hills, a distance of 58.25 feet to a point on a non tangent curve concave to the east having a central angle of 17°23'46" radius of 85.32 feet and a chord beadng of N.1°18'38'E. said point also being a point on the east line of said lot 192, block A; thence north, along the arc of said curve, a distance of 25.90 feet to a point on the south dght of way line of said N.W. 3'" Avenue; thence N.75°33'lS"E., along said south dght of way line, a distance of 77.67 feet to a point on a curve concave to the east having a central angle of 145°03'35", radius of 35.32 feet and a chord beadng of S.3°01'27"W; thence southerly, along the arc of said curve, a distance of 89.42 feet to a point on the north dght of way line of said N.W. 3'" Court; thence S.20,29'40"W., a distance of 25.00 feet to a point on the centerline of said N.W. 3'" court and a point on a curve concave to the south having a central angle of 0*02'09", radius of 591.65 feet and chord beadng of S.69'26'54"E.; thence easterly, along the arc of said curve, a distance of 0.37 feet; thence S.20°34'08"W., A distance of 25.00 feet to a point on the south dght of way line of said N.W. 3'" Court and a point on a curve concave to the south having a central angle of 18'14'24", radius of 586.65 feet and a chord beadng of N.78*33'04"W.; thence westerly, along the arc of said curve and along said south dght of way line, a distance of 180.39 feet to the point of beginning. Including Lot 192, a =riangular parcel which functioned as a median wi=bin NY 3rd Court. Containing 10,819 square feet or 0.2484 acres more or less. DISCLALMER KNOW ALL MEN BY THESE PRESENTS that the City of Boynton Beach, Florida. a municipal corporation, under the laws of the State of Florida. does hereby abandon a portion of the road right of way for N.W. 34d Court as shown on the plat of Boynton Hills, according to the plat thereof as recorded in plat book 4, page 51, public records of Palm Beach County., Flor/da. including Lot 192, and more particularly described in the attached Exhibit IN WITNESS WHEREOF, the duly authorized officers of the City of Boynton [Beach, Florida, have hereunto set their hands and affixed the seal of the City this __ day of September, 2003. ATTEST: CITY OF BOYNTON BEACH, FLORIDA janet Prainito Kurt Bressner, City Manager 'City Clerk STATE OF FLORIDA ) )SS: COUNTY OF PALM BEACH ) BEFORE ME, the undersigned authority, personally appeared Kurt Bressner and Ianet Prainito, City Manager and City Clerk respectively, of the City of Boynton Beach, Florida, known to me to be the persons described in and who executed the foregoing instrument, and acknowledged the execution thereof to be their free hand and deed as ~uch officers, for the uses and purposes mentioned therein; that they affixed thereto the ffficial seal of said corporation; and that said instrument is the act and deed of said corporation. WITNESS my hand and official seal in the said State and County this ~ day of September, 2003. NOTARY PUBLIC, State of Florida My Commission Expires: XII. - LEGAL ITEM A.2 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Cormmission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City ¢l~rk's Office Meeting Dates in to City Clerk's Office [] August 5, 2003 July 14, 2003 (Noon.) [] October 7, 2003 September 15, 2003 (Noon) [] August 19, 2003 August 4, 2003 (Noon) [] October 21,2003 October 6, 2003 (Noon) [] September 2, 2003 August 18, 2003 (Noon) [] November 5, 2003 October 20, 2003 (Noon) [] September 16, 2003 September 2, 2003 (Noon) [] November 18, 2003 November 3, 2003 (Noon)~.--. co [] Administrative [] Legal SATtm~OV [] a=ouncement [] NewBu~mess AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Please place this request on the October 21, 2003 City Commission Agenda under Legal, Ordinance - Second Reading. The City Corranission with a unanimous vote approved this item under First Reading on October 7, 2003. For further details pertainiog to the request, see attached Department of Development Memorandum No. PZ 03-207. EXPLANATION: PROJECT: The Harbors (ABAN 03-004) AGENT: Gregory Mire, P.S.M., Keith & Associates, Inc. Consulting Engineers OWNER: Schgai LOCATION: 2300 North Federal Highway DESCRIPTION: Request for abandonment of a 15-foot wide utili.ty easement. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVESf/~' ' . -N/A taevem~fl~n~ De~a~me'~t DireCtor '- ' ~2ity Manager's Signature · Pla,~nlng and Zogi~-~irector City Attorney / Finance / Human Resources S:~Planning\SHARED\WP\PROJECTS\Harbors, The~,NWSP 02-OI2~BAN 03-004\Agenda Item Request Harbors Abandonment ABAN 03-004 2nd reading 10-21-03.dot S:~BULL£TIN"~FORMSkAGENDA ITEM REQUEST FORM.DOC ORDINANCE NO. O 03 --O~'~ AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING ABANDONMENT OF A FIFTEEN FOOT WDE UTILITY EASEMENT LOCATED ON A 3.2 ACRE LOT LOCATED ON THE EAST SIDE OF FEDERAL HIGHWAY, PERPENDICULAR TO GATEWAY BOULEVARD, SUBJECT TO STAFF COMMENTS; AUTHORIZING EXECUTION OF A DISCLAIMER, WHICH SHALL BE RECORDED IN THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; AND PROVDING AN EFFECTIVE DATE. WHEREAS, Gregory Mire of Keith & Associates, Incorporated, is requesting to abandon the 15-foot wide utility easement located on a 3.2 acre lot, located on the east side of Federal Highway, perpendicular to Gateway Boulevard, subject to staff comments; and WHEREAS, comments have been solicited from the appropriate City Departments, and public hearings have been held before the City's Planning and Development Board, and the City Commission on the proposed abandonment; and; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF rile CITY OF BOYNTON BEACH, FLORIDA THAT: Section 1. The foregoing Whereas clauses are true and correct and incorporated herein by this reference. Section 2. The City Commission of the City of Boynton Beach, Florida, d ocs hereby abandon a 15-foot wide utility easement located on the east side of Federal Highway, ~erpendicular to Gateway Boulevard,, and more particularly described in the attached Exhibit Section 3. The City Manager is hereby authorized and directed to execute and deliver the attached Diselatmer and cause the same to be filed in the Public Records of Palm Beach County, Florida. Section 4.. This Ordinance shall take effect immediately upon passage. FIRST READING this -7 .. day of O~.l'O/~¢t", 2003 S:\CA\Ordlnances~d~andonme~xThe Had~J~.doc SECOND, FINAL READING AND PASSAGE THIS ~day of ,2003. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner ;T: Clerk EXHIBIT "A" That portion of LOT 6 SAM BROWN JRS. HYPOLUXO SUBDIVISION to the City of Boynton Beach, Palm Beach County, Florida, according to the Plat thereof n file in the office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, in Plat Book l, Page 81; less the right-of-way for State Road 5 (U.S. Highway No. 1) described as follows: A 15 foot strip of land whose center line is commencing at that point on the North Property Line that is a distance of 786.97 feet east of the Florida East Coast Raikoad right-of-way; said point being the SE comer of Lot 12, PAS PALMAS PARK subdivision, Boynton Beach, Florida, according to the plat thereof on file in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, recorded in Plat Book 25, Page 242. Said 15 foot strip of land extends south to the sought property line to a point that is a distance of 804.19 feet east of the Florida East Coast Railway Right o-of-way. S :\CA\O rclinance~'~,l~ando~ me~ts~,The I-Im't~=m.doc DISCLAIMER KNOW ALL MEN BY THESE PRESENTS that the City of Boynton Beach, Florida, a municipal corporation, under the laws of the State of Florida, does hereby abandon a 15-foot wide utility easement, located on the east side of Federal Highway, perpendicular to Gateway Boulevard, Boynton Beach, Florida, and more particularly described in the attached Exhibit "A". IN WITNESS WHEREOF, the duly authorized officers of the City of Bo.vnton Beach, Florida, have hereunto set their hands and affixed the seal of the City this __ :lay of October, 2003. ATTEST: CITY OF BOYNTON BEACH, FLORIDA lanet Prainito Kurt Bressner, City Manager City Clerk ;TATE OF FLORIDA ) )SS: ~OUNTY OF PALM BEACH ) BEFORE ME, the undersigned authority, personally appeared Kurt Bressner and Janet Prainito, City Manager and City Clerk respectively, of the City of Boynton Beach, Florida, known to me to be the persons described in and who executed the foregoing instrument, a nd acknowlcdged t he execution t hereof t o b e t heir free h and and deed as ;uch officers, for the uses and purposes mentioned therein; that they affixed thereto the )fficial seal of said corporation; and that said insmament is the act and deed of said corporation. WITNESS my hand and official seal in the said State and County this ~ day of Octobg, 2003. NOTARY PUBLIC, State of Florida My Commission Expires: S:\C~O~c# nMtce~Ja~nclo~x~nt~xThe EXHIBIT "A" That portion of LOT 6 SAM BROWN J'RS. HYPOLL~O SUBDMSION to the City of Boynton Beach, Palm Beach County, Florida, according to the Plat thereof n file in thc office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, in Plat Book 1, Page 81; less the fight-of-way for State Road 5 (U.S. Highway No. 1) described as follows: A 15 foot strip of land whose center line is commencing at that point on the North Property Line that is a distance of 786.97 feet east of the Florida East Coast Rail.road right-of-way; said point being the SE comer of Lot 12, PAS PALMAS PARK subdivision, Boynton Beach, Florida, according to thc plat thereof on fllc in thc Office of the Clerk of thc Circuit Court in and for Palm Beach County, Florida, r~corde~t in Plat Book 25, Page 242. Said 15 toot strip of land extends south to thc sought propc'~y linc to a point that is a distance of 804.19 feet east of thc Florida East Coast Railway Right o-of-way. DEVELOPMENT DEPARTMENT ~LA. NN;N,G AN? "'D~','i~'. G DIVISlO,q M~MORA'~:D. M NO. F~Z 03-207 Chairman and Members Community Redevelopment Agenc'/ THRU: Nlichae! W. Rumpf'~¥~'~'4-~- Planning and Zoning Dire~or FROM: Eric Lee 3ohnson, AICP Planner DATE: August 28, 2003 SUBJECT: Harbors Abandonment (ABAN 03-004). Abandonment of an existing 15-foot wide utility easement NATURE OF REQUEST Gregory Mire of Keith & Associates, Incorporated, is requesting to abandon the 15-foot wide utility easement located on a 3.2-acre lot. 'Fnis request to abandon the utility easement was submitted on Play 16, 2003. It is described as follows: That portion of LOT 6 SAM BROWN .]r.'s HYPOLUXO SUBDIVISION to the City Of Boynton Beach, Palm Beach County, Florida, according to the Plat thereof on file in the office of the Clerk of tlie Circuit Court in and for Palm Beach Count-y, Florida, in Plat Book ]., Page 8~.; less the right-of-way for State Road 5 (U.5. Highway No. ].) described as follows: A ~.5 foot STRIP OF LAND whose center line is commencing at that a point on the North Property Line that is a distance of 786.97 feet east of the Florida East Coast Railroad right-of-way; said point being the SE corner of Lot :t2, LAS PALPlAS PARK subdivision, Boynton Beach, Florida, according to the plat thereof on file in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, recorded in Plat Book 25, Page 24.2. Said ].$ foot strip of land extends south to the sought property line to a point that is a distance of 804. ].9 feet east of the Florida East Coast Railway Right- of-way. The location map attached as Exhibit "A' shows the general vicinity of the utility easement to be abandoned. The attached Exhibit "B"- shows the precise limits of the existing utility easement to be abandoned. 'Fne following is a description of the zoning districts and land uses of the properties that surround the subject request. North To the northeast, are developed (Las Palmas) single-family homes with a Low Density Residential (LDR) land use designation, zoned R-].-AA Single-Family Residential. To the northwest is developed commercial (gas station) with a Local Retail Commercial (LRC) land use designation, zoned Community Commercial (C-3); South - [ni~racoastal Park (under construction) with a Recreation (R) land use designation, zoned Recreation (REC); East Right-of-way for :~,e Intracoastal Waterway; and West - Rights-of-way for Federal Highway (U.S. No. 1) and the Florida East Coast Railroad, stiil farther west is developed commercial properW with a Local Retail Commercial (LRC) land use designation, zoned Neighbor,mood Commercial (C-2). BACKGROUND. T.~e s~bje~ properW is a long rectangular-shaped lot located on the east side of Federat Highway, perpendicular l:o Gateway Boblevard. The parcel ,,vas previously developed with a restaurant/ nightclub (a.k.a. CafA La Note, Shooters, Bay Club), tiki bar, docks, and respective parking areas. However, the property ownership changed, the nightclub was razed, and Centex Homes was approved for a site plan (NWSP 02-012) to build 51 fee-simple townhouse units on the 3.2-acres lot. Centex's site plan was approved on October 15, 2002. The accompanying land use amendment/rezoning application (LUAR 02-005) and corresponding master plan was approved a month later, on November 19, 2002. All site development is to occur in one phase. ANALYSIS Pursuant to Chapter 22, Article III, Section 4, public notice was given to the property owners that abut the easement to be abandoned, all utility companies have been notified and the request has been advertised in the newspaper. A summary of the responses from the utility companies and city staff is as follows: ,, i-y DEPARTMENTS/DIVISIONS Engineering - No objection Public Works/Utilities No objection Planning and Zoning No objection PUBLIC UTIL~ COMPANIES Florida Power and Light - Approval with conditions (see Exhibit "C" - Conditions of Approval) Bell South - No objection Florida Public Utilities Company - No objection Cable Company (Adelphia) No object!on Cable Company (Comcast) N/A According to the Engineering Division of Public Works, the applicant has already rededicated utility easements elsewhere on the subject property ir~ order to provide sanitary sewer coverage. This information is reflected on the new plat. The presence of this utility easement represents the last obstacle to the developer to develop buildings on the site. No building permits can be issued until this easement is abandoned. RECOMMENDATION ~ff recommends approval of this request to abandon the 15-foot wide utility easement contingent upon satisfying · comments in the conditions of approval. Any additional conditions required by the Community Redevelopment Agent/and / or the City Commission will be placed in Exhibit "C" - Conditions of Approval. xc: Central File $ P~ul~r t,;,.~harea~wD~P~'Olec'J''H:jr~O~' The~NWSP ':?"31 ~.'~RAN ~3~(34~latf I~e~ott.13~c Location Map The Harbors THE HARBORS LAND o,-,-,,, ,:,~ ,o,,,,,,-,o,,, ,~,,,o,.,.. ~,.o,~,,:,,,, '- 'r'-rTr'H OF L-RVEY '<%9 Thc,. ccr:[o~ LOT 5 SAM ~RO?,'N jr.'$ HYPOL',JXO SUBDIVISION to the City of ~oynt.¢n 9etch. Prim ~e~ch County. Florida, o_ ¢ccorsi~g to the P!¢t thereof on ,,1~ in t~e ,=, office of the Clerk of tlne Circuit Court in - ~mC for ~Ct,,m ~eocn Coum" -- = ct ~ock I. Poge 81; less the right-of-,,voy for st:re ,=,o~ s (u.s. ~.~..,.,cy No. ~) ~escr~be~ = 39 as follows: Q. A 15 foot STRIP OF LAND whose center line is commencing ot thor o p~int on the North '~ ~0 Property Line thor is o ,'Jis~once of 786.g7 z ;eet ecst of ~he F'lcrido Eost Cocst Reilroed richt-of-wo),:., soi~ point 0eing the SE ~ corner of Lot 12. LAS PALMAS PARK ~' ~'~ivision, ~o>mton 8eoch, FIori~o, r~ing to the plot thereof on file in the ;e of the Clerk of ihe Circuit Court in ortd for I~olr:n ~eoch Coumty, Florido, .... ....... ,~-,' in Plot 9ook 25. Po,g.e 242. _~oid J /1'~ r 15 ~oct mr:i: :' i':.~c.: extenC$ south to t,ne I PLAT t sough,', property li~e to C point that is o ~-I~i,--~.~TTSi ~ Cistcnce of ~0~,.19 feet ecs~ of the Fiorid~ .:c-t Coost Rcil,,,cy Right-of-woy. fo r.¢.c. . I ,./I '~''UTiLFPr (O.R~. 2255. SuPje:: :o e:-:istin'; e~seme~t or i j mO. 1-:98. P.~.CP,.) · , o_Or~. ~ 10' UTILITY -~.ASF. MENT :,,~ recorde~ in Official Recsrds EOOK 2256, t LO~ 7 PS. l~?, P.S.C.R.) LEGEND. HY~OLUXO SUBDIVISION O ~.~. Offic~cl Records BOCk ,~~ =Z. ~c: 3oo~ grofessicncl S,Jr','eFor .smd No. 4M =R~"/x jr,'s ~OI ~St *~C 8CUL~O EXHIBIT "C" Conditions of Avproval Project name: Harbors Abandonment File number: A_BAN 03-004 i'NCLUDE P,_EJ'ECT DEPARTMENTS I PUBLIC WORKS- General Comr,,ents: None X ,,, PUBLIC WORKS- Traffic Comments: None X UTILITIES Comments: None X FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: None X BUILDING DIVISION , Comments: None X PARKS AND RECREATION Comments: None X FOREST,ERJENVIRONMENTALIST Comments: None X PLANNING AND ZONING Comments: None X DEPARTMENTS D4CLU'DE P.~E3'ECT PRIVATE UTILITIES Comments: i ] t. Adelphia: None. X 2. Florida Power & Light: F'P&L acquinng all additional easements for any and all existing or proposed FP&L facilities necessary to service any and all existing / proposed future construction requiring electrical service at the abandoned site. This includes but is not lirmted to 10 foot wide easements adjacent to both sides of all major thorough fares; All easements where FP&L facilities exist are not considered abandoned until said facilities are de-energized, relocated, and / or removed; Any and all costs resulting in the relocation or removal of FP&L facilities due to said abandonment are paid by the customer and / or property owner and / or requesting party. 3. Florida Public Utilities Company: None. X 4. Bellsouth: None X ADDITION.,LL COMMUNITY REDEVELOPMENT AGENCY BO.M~D CONDITIONS Comments: 5. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 6. To be determined. S,~Ptanmng~SHARED\WI~.eROJECTSlBoynion Commerce C~ 8oynlon Con~erce Cfr Lot 3B~ABAN 03-O07~COA.¢~oC DF 2_CP,MENT ORD-:?, OF THE CITY COMMISSION OF 'HE CITY OF BOYNTON BEACH, FLORIDA F,q. OJF--,Z,T N,-,,vlE ' The Harbors APPLICANT'S AGENT: Mr. Gregory Mire, PSM with Keith &Associates, Incorporated APPLICANT'S ADDRESS: 301 East Atlantic Boulevard, Pompano Beach, FL 33060 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: September 16, 2003 TYPE OF RELIEF SOUGHT: Abandon a 15-foot wide utility easement LOCATION OF PROPERTY: 2300 North Federal Highway DRAWING(S): SEE EXHIBIT "B' A'FI'ACHED HERETO. 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 Board, which Board found as follows: OR x 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: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial.competent evidence are as set forth on Exhibit "C" with notation "Included". 4. The Applicant's application for relief is hereby GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order sl~ll take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: City Clerk S: Ptanning~,Shared"WP\Pr°ject~\Harl3°rs' ThO\NWSP 02-012~.;-~AN 03-004\DO.doc XlI. - LEGAL CITY OF BOYNTON BEAC1 ITEM B,! AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turn'ed Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] August 5, 2003 July 14, 2003 (Noon.) [] October 7, 2003 September 15, 2003 (Noon) [] August 19, 2003 August 4, 2003 (Noon) [] October 21, 2003 October 6, 2003 (Noon) [] September 2, 2003 August 18, 2003 (Noon) [] November 5, 2003 October 20, 2003 (Noon) [] September 16, 2003 September 2, 2003 (Noon) [] November 18, 2003 November 3, 2003 (Noon) [] Administrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Motion to approve an Ordinance prohibiting parking or storage of vehicles in the public right-of-way or within five feet of the public right-of-way. EXPLANATION: Staff has received many recent inquiries/complaints regarding vehicles being stored/parked in public rights-of-way, and in order to promote and insure safety of pedestrian and vehicular traffic on public right-of- ways, staff has suggested that an amendment to the Code is necessary. PROGRAM IMPACT: FISCAL IMPACT: ALTERNATIVES: Not approve the amendment to the Code of Ordinances. / Department Head's Signature ' ' ' C~ty M~tnager's Signature 'i Department Name / City Attbr~e~ / Finance / Human Resources S:~BULLETIN~ORMS~AGENDA ITEM REQUEST FORM.DOC ORDINANCE NO. 03- AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA AMENDING CHAPTER 14 MOTOR VEHICLES AND TRAFFIC, SEC. 14-5. TO INCLUDE "STORAGE"; CREATING NEW SUBSECTIONS (4) AND (5); PROVIDING FOR THE PROHIBITION OF PARKING OR STORAGE OF VEHICLES IN THE PUBLIC RIGHT OF WAY OR WITHIN FWE FEET OF THE PUBLIC RIGHT-OF-WAY; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTWE DATE. WHEREAS, the City Commission of the City of Boynton Beach has determined it to be in the best interests of the citizens and residents of the City Of Boynton Beach to prohibit )arking or storage of vehicles in the public right-of-way or within five feet of the public and lW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE TY OF BOYNTON BEACH, FLORIDA, THAT: .ection 1. The foregoing whereas clause is tree and correct and is now ratified and by the City Commission. ,ection 2. Section 14-5. is amended by adding the words and figures in underlined ~e, and by deleting the words and figures in struck-through type, as follows: Sec. 14-5. Stopping, standing, or-parking, or storage prohibited in specified places. (a) Except when necessary... *** (1) Stopping, standing, e~ parking, or storage of a vehicle. (4) No vehicle can be stored on the public right of way or within 5 feet of the public right of way. A vehicle shall be considered stored, as opposed to parked, when the vehicle is not operated and moved, for a minimum of one-half hour, at least once during a 36-hour period. (5) No vehicle can be parked or stored on the public right of way or within 5 feet of the public right of way for any period of time unless the front, rear, and side reflectors and the license plate are visible. ;ection 3. Each and every other provision of Chapter 14 of the Code of Ordinances herein specifically amended, shall remain in full force and effect as originally ed. ;:\C A\Ordinanccs~l)evelopmentkstomge.doc Section 4. All laws and ordinances applying to the City of Boynton Beach in conflict ~vith any provisions of this ordinance are hereby repealed. Section 5. Should any section or provision of this Ordinance or any portion thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this Ordinance. Section 6. Authority is hereby given to codify this Ordinance. Section 7. This Ordinance shall become effective immediately. ?IRST READING this __ day of ~, 2003. SECOND, FINAL READING AND PASSAGE this ~ day of ,2003. CITY OF BOYNTON BEACH, FLORIDA Mawr Vice Mayor Commissioner Commissioner Commissioner ~.TTEST: City Clerk S :~CA\Ordinances~Developmentkstorag¢.doe XII. - LEGAL ITEM B.2 l' ~ ¥ ~r'~',~fr _ OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City (~lerk's Office Meeting Dates m to City Clerk's Office [] August 5', 2003 July 14, 2003 (Noon.) [] October 7, 2003 September 15, 2003 (Noon:) [] August 19, 2003 August 4.2003 (Noon) [] October 21,2003 October 6, 2003 (Noon) [] September 2. 2003 August 18, 2003 (Noon) [] November 5, 2003 October 20. 2003 (Noon) [] September 16. 2003 September 2, 2003 (Noon) [] November 18, 2003 November 3. 2003 (Noon) [] Administrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presenlation [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Approve First Reading of Ordinance 03- establishing a limited Early Retirement Incentive Program for all eligible City employees. EXPLANATION: The City Manager had a request fi.om the Police Pension Board to consider another Early Retirement Program similar to the one offered to eligible city employees in 1999. Diane Reese, Finance Director has estimated the salary cost savings to the city if an Early Retirement Program were offered to employees who met the following criteria · Employed with the City for a minimum of 15 years · Employee would be within 3 years of normal or early retirement at September 30, 2004 Based on the above criteria it is estimated that the number of eligible employees would be as follows: · Police 20 · Fire 19 · General Employees 49 Gabriel, Roeder & Smith, actuaries for the City pension funds, has prepared an Impact Statement, which reflects the increase cost of City Contnbutious for each pension plan. PROGRAM IMPACT: The proposed 2003/2004 Early Retirement Program is as follows: · Eligible employees would have 3 year~ added to their age or years of service or in the case of Police ge Fire a benefit calculation factor which, when applied, result in the employee receiving the full retirement benefit set forth herein, without offset or penalty. Any employee who qualifies for early retirement instead of normal retirement would be assessed the reduction in pension payments as outlined in each pension plan. · The City would continue to pay the employee's single coverage health insurance for 3 years · The employees accrued sick and vacation would be paid out over a 3 year period · Employees who qualify would have fi.om April 30, 2004 thru September 30, 2004 to retire. The six month window is being offered to lessen the impact on departments who would have several employees eligible to participate in the program. Department heads would have the final authority on the date an employee elects to retire. This will also lessen the impact on any one deparmaenc FISCAL IMPACT: The estmmted savings to the City for the years one thru three are as follows: · Police $214,582 · Fire $148,246 · General Employees $256,477 Total $619,305 S:~BULLETIN~ORMSkAGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM The savings is based on filling all positions that will become vacant due to the Early Retirement. If some positions are left vacant or deleted from the budget there would be a greater savings. Also dUnng the ftrst three years after the employee retires the City will be paying the health cost and the employees accumulated sick and vacation payout. After the third year the savings would go up by another $900,000. :~LTERNATIVES: Not offer the Early Retirement Program C~ (l~'~n'~~ I 1 ~[~'~ Department Head's Signature City Manager's Signature Finance ',/'~,, ~ ~' ~4t/j''~ ~ Department Name j City Attome)//Fin~ance / Human Resources S:~BULLETINXFORMS~AGENDA ITEM REQUEST FORM.DOC XII. - LEGAL ITEM B.2 ORDINANCE 03- AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA ESTABLISHING A LIMITED EARLY RETIREMENT INCENTIVE PROGRAM; PROVIDING REQUIREMENTS FOR PARTICIPATION; PROVIDING CRiTERIA FOR QUALIFICATION; APPROVING AND ISSUING A STATEMENT OF ACTUARIAL IMPACT; APPROVING THE FORM OF AGREEMENT FOR PARTICIPATION IN THE LIMITED EARLY RETIKEMENT INCENTWE PROGRAM; DIRECTING CITY ADMINISTRATION TO FURNISH A COPY TO THE DWISION OF INSURANCE; PROVIDING FOR SEVERABII. ITY, CONFLICTS AND AN EFFECTIVE DATE. WHEREAS, the City Administration has formulated a Early Retirement Incentive Program, available as limited herein for participation by full-time employees, who, on September 30, 2004, have been full-time employees for a mimmum of fifteen years and. are within three (3) years of early or normal retirement; and WHEREAS, t he City Commission h as evaluated the actuarial impact of offering the early retirement program hereinafter described, prepared by Gabriel, Roeder, Smith & Company; and WHEREAS, the City Commission finds that it is in the best interests of the City to offer early retirement to employees and that implementation of the early retirement program described herein will have positive administrative and fiscal benefits to the City. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA: Section 1. The foregoing whereas clauses a re t rue a nd correct a nd constitute t he findings of the Commission necessary to support this Ordinance. Section 2. The City Commission hereby creates an Early Retirement Incentive Program for any full-time City employee who, as of September 30, 2004, will have achieved: a. a minimum of fifteen years employment with the City; and b. is within three (3) years of early or normal retirement. Employees who meet both criteria for participation are hereinafter referred to as "Eligible Employees". Section 3. Eligible Employees may participate in the early retirement program only if they execute, and do not subsequently rescind, an Agreement for Participation and Waiver no S:\CA\Ordinances\ERIP - 2003\Revised Draft - ERIP 102003.doc 1 later than 5:00 P.M., on Monday, January 23, 2004, designating a last date of employment not later than September 30, 2004. The last day of employment must be coordinated with and is subject to the consent of the City manager. Section 4. Eligible employees who elect to participate will receive: (1) Three years added to year of years of service time and/or years of age. In no event will the credited time of service or years served exceed three years total. (2) The City of Boynton Beach will continue to pay health insurance at prevailing single coverage premium rates for all employees who elect to participate, for a period of three (3) years following the date of their actual retirement. (3) When necessary to fully vest an employee in the police or fire service for years credited pursuant to this incentive, but not actually served or rendered, the pension administrator and the plan actuaries shall provide a benefit calculation factor for such police or fire employee which, when applied, result in 'the employee receiving the full retirement benefit set forth herein, without offset or penalty. 4) Eligible employees accrued sick and vacation time will be paid out over a three (3) year period at the payout rate which is otherwise applicable to the employee. Section 5. No employee who has signed a participation Agreement is eligible for during the balance of their employment with the City. Section 6. The City Commission adopts, issues and certifies as its own, the final of actuarial impact and analysis of the proposed Early Retirement System prepared by Gabriel, Roeder, Smith & Company for Police and Fire Pensions, and General Employees, copies of which are attached hereto as composite Exhibit "A"; Section 7. The City administration and the administrators of the retirement plans, in accordance with the requirements of Chapter 112, Florida Statutes, and Rule 60T-1.004, are directed to certify and furnish a copy of this Ordinance together with the statement of actuarial impact referenced herein to the Department of Management, Division of Insurance. The City and_plan administrators are authorized to make such supplemental filings with Division of Insurance as is necessary to effectuate this Early Retirement Incentive Plan. S:\CA\Ordinance$\ERIP - 2003\Revise<l Drafl - ERIP 102003.doc 2 Section 8. The City Commission authorizes t he City Manager a nd City Clerk t o execute Agreements for Participation In Early Retirement Incentive Program and Waiver of Rights forms with eligible employees. A copy of the Agreement for Participation is attached hereto as Exhibit "B". Section 9. The City Commission adopts and ratifies t he Commencement Notice, Acknowledgement of Receipt of Program Commencement Notice, Information Fact Sheet, and Employee Declination to Participate forms, heretofore prepared by the City administration, copies of which are attached hereto as Exhibits "C", "D .... E" and "F" respectively. The City Administration is authorized to modify these forms when modification is necessary to facilitate the objectives of this Ordinance or when amendment is required to conform the forms to requirements of state or federal law. In the event of a dispute over the meaning, interpretation, or application of Exhibits "B", "C", "D", "E", and "F", the decision of the City Manager as to the meaning, interpretation or application shall be controlling. Section 10. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. Section 11. Should any section or provision of this ordinance or portion hereof, any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this ordinance. Section 12. This ordinance shall become effective immediately upon passage. FIRST READING this ~ day of October, 2003. SECOND, FINAL READING ANI) PASSAGE this ~ day of November, 2003 CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner ATTTEST: Commissioner City Clerk Commissioner S:\CA\Ordinances\ERIP - 2003\Revise¢l Draft - ERIP 102003.doc 3 Recap of Eady Retirement Savings Savings are based on a full year No. Savings if Savings if Savings if employees 100% 75% 50% Pension eligible participated Participated Participated Police 15 $ 229,092 $ 171,819 $ 114,546 Fire 9 $ 127,880 $ 95,910 $ 63,940 Employees 45 $ 149,823 $ 112,368 $ 74,912 Total 69 $ 506,796 $ 380,097 $ 253,398 Note: These savings are based on replacing all positions. If a decision is mede to not fill all positions, especially in the General Employees there could be additional savings of $250,000 to $300,000 if 10 positions were deleted. Sick/vacation payout $1,860,771 Health Cost $ 355,608 Additional savings to City after 3rd year $2,216,379 10/20/2003 CITY OF BOYNTON BEACH PENSION SYSTEMS Initial Effects of Early Retirement Incentive Plan Assuming All Eligible Employees Elect to Retire ~ ~:.~...~:~.~:~ ~ ..~.,,~r:.. ~ ";~,~"..'~,~. ~ -..,..;~ ~:-~~:~!i~ :!'~ ~!' ';:-~'.:'~/'?' i' ~i~!~i:'.'. .......... '''-- A. Numar of Employes E~ting ERIP 53 21 19 93 I 8. In~ase in ~nual ~ City ~ns~n~ $ !25,1~ $ 57,8~8 $ 103,366 ~ $ 286,3~ C. ~crea~ in ~al Pa~o~ 761,000 814.~ 852,~ 2.427,0~ I - S~ (635,~) (756,182) (748,634) (2.140,662) I ~saumotioos The City will hire as many new employees as the number who retire. The City W~ll promote as many remaining employees as the number who retire. Pay will inc. z~ase by 5% clue to the promoticns. Other Cog¢s/Savi~gs The figures above do not take into account costs or sav~ngs in other a;ea$. such as, Social Secudty taxes, vacation pay, longevity pay. etc. The City's continuation of heal~ insurance ~ernium payments over the next 3 years is also not reflected. Prepared by Gabde',, Roeder, Smith and Company October 17, 2003 GABRIEl. ROEDEK, SMITH & COMPANY October 17. 2003 Ms. Barbara LaOue Pension Admirtstrator C~ of ~mto~ Beach General Employees' Pension Plan 100 E. Boston Beach Boulevard Boynton Beech, Florida 33425-0310 Re: General Employees Pension Plan Dear Barbara: As requested, we have preq~red the enclosed Actuarial impact Statement f~ the proposed Eady RelJmment I~ Program (ERIP). Under the ERIP. employees wino have 15 or more years of service as of 9/30/04 and are within :3 years of early or normal retirement wou~ be etigible to receive an additional :3 years of credit towards early or non-nat retirement. We welcome your questions and comments. Sincerely yours, J. Stepl~en Palmqui~t 'Enclosures Cc: Diane Raese CITY OF BOYNTON BEACH GENERAL EMPLOYEES PENSION PLAN Impact Statement - October 17, 2003 Description of Amendment o An Early Retirement Incentive Plan {ERIP) woul¢ be establishect. Under the ERIP, employees wt~o have 15 or more years of sewice as of 9/30104 and are within 3 y~ars of early or normal retirement wou~ be eligible to receive an additional 3 y~ars of credit towards earty or normal retirement. o Those wino elect to retire under the EP..IP will also benet~rt from the City's continuation c~ payment of health insurance premiums for three years. Since this benefit is not pa~ cf the Pension Fund, ff~e Impact Statement does not reflect the payment of such premiums. Funding ImMicMJonl of Amendment An actuarial cost astimate is attached. The arr, endment wouJd increase the required employer contribution 13y $125,154 if ali eligible members actually retire. Ce~ttflcation of Administrator I believe the amendment to be in compliance wit~ Part VII, Chapter 112, Florida Statutes and Section 14, Article X of the Constitution o~ ~a State of Florfl:la. For Ihe Boarcl of Trustees as Plan Administrator SUPPLEMENTAL ACTUARIAL VALUATION REPORT Plan City of Boynton Beach General Employees' Pension Plan Valuation Date October 1, 2002 Date of Report October 17, 2003 Report Requested by Board of Trustees Prepared by J. Steiden Palmquist Group Valued Active and Inactive Employees Plan Provisions Being Considered for Change o An Early Retireme~ Incentive Plan (ERIP) would be established. Under F, RIP, employees who have 15 or more y~rs of service as of 9/30/04 and are within 3 years of ~rty or normal retirement would be eligible to receive an additional 3 years of credit towards early or normal retirement. o Those who elect to retie under the ERIP will also benefit from the City's continuation of payment of health insurance premiums for three years. Since this benefit is not pert of the Pension Fund, the impact Statement does not reflect the payment of such premiums. ParticiDanta Affected Em~oyee6 who retire after the effective date of the amending ordinance. Actuadll Als.tupelo/la and Methods Same as October 1, 2002 Actuarial Valuation Rel:mrt with these exceptions: o 100% Of the 53 eligible members wilt actually retire. o There Mil be a number of new hims equat to the number of members who retire. o There would be a numl3er of ~3romotion$ equal to the number of members who their raise would be 5% of pay. Some of the key assumptions/methods are: Investment return - 8.0% per year Salary inc.,reese - 4.2 to 7.5% I~r year depending on age. Cost Method - Entry Age Normal Amortization Period for Any Increase in Actuarial Accrued Liability 30 years Summary of Data Used in Report See attached page. Actuarial Impact of Proposal(s) See attached page(s), The proposal woulcl increase the annual r~quired contribution by $125,154 if all 53 eligible members reUm. Covered payroll would decrease by about $761,000, Special Riek~ Involved With the Proposal That the Plan Hms Not Been Exposed to Previously None. Other Cost Considerations The cost associated with the ERIP will vary based on ~ number of employees who elect to participate. Possible Conflict~ With IRS Qualification Rule~ None Enrolled Actuary No. 02-1560 Valuation Date October 1, 2002 J October 1, 2002 A. Before ChangesJ ERIP B. ARC to Be Paid Dunng Fiscal Year Ending 9/30i2003 9/30/2003 C. Assumed Date of Emptoyer Contr~. 10115i2003 10/15/2003 D. Annual Payment to Amortize the [19,600) 150,387 Unfunded Actuarial Liability E. Employer Normal Cost 1,4.43,3,36 1,388,862 F. ARC if Paid on the Valuation Date: D+E 1.423,736 1,539.249 (3. ARC Adjusted for Frequency of Payments 1,542,574 1.66 7,728 H. ARC as % of Covered Payroll 7.37 % 8.27 I. Assumed Rate of Increase in Coverecl Payroll to Contribution Year 0.00 % 0.00 J. Covered Payroll f~ Contribution Year 20,937,211 20,176.662 K. ARC for Con0'ibutlon Year:. H x J 1,542,574 1,667,728 L. ARC as % of C, mm{~ Payroll in Contribution Year. K '~ J 7.37 % 8.27 II A. Valuation Date Octobe~ 1, 20021 October 1, 2002 ~efore Chenges E.RIP B. Actuarial Present Value of All Projected Benefits for 1. Active Memoe~s a. Se~ice Retirement Benefits $ 62,882,844 $ 51,461,800 b. Vesting Benefits 3,487,711 3,509.735 c, Disability Benefits - - d. Preretimment Death Benefits 2,125,979 1,802,034 e. Return of Member Contributions :~71,364 325,547__ f. Total 68,567,898 57,099.115 2. Inactive Members a. Semice Retirees & Beneficiaries 24,705,040 24,705,0413 b. Disability Retirees 307,331 307,331 c. Terminated Vested Members 630,741 1..5~1441477 d. Total 25,643,112 40,156.848 3. Total for All Members 94,211,010 97.255,964 C. Actuarial Accrued (Past Service) Liability per GASB No. 25 69,574,635 72,516, 37.3 D. Actuarial Value of Accumulated Plan Benefits ~ FASB No. 35 . 54,017,978 NA E. Plan Assets 1. Market Vak~e 54,855,585 54,855,585 2. Actuarial Value 62,226,999 62,2.26,999 F. Actuarial P~,~ent Value of ~rojected Covered Payroll 183,666,568 184,297,412 G. Actuarial Pr~ent Value of Projected Member Cor~butions I Z,856.660 12,900, 819 A. Valuation Date October 1.20(}2 October 1, 2002 ~efore Changea E/RiP B. Normal Cost for 1. Service Retirement Benefits $ 2,427,961 $ 2,335,891 2. Vesting Ber~efits 23g,975 230,576 3. Disability Benef'd~ 4. Preretimme~t Death Benefits 99,613 97,023 5. Return of Member Contributions 97~458 94,004 6 Total for Future Benefits 2,865,207 2,757,494 7. Assumed Amount for Administrative Expenses 43,734 43,734 8. Total Normal Cost 2,908,941 2,801,?..28 C. Expected Mernl3~ Contribution 1,465,605 1,412,366 D. Employer Non'hal Cost; B8-C 1,443,336 1,388,862 E. Employer Normal Cost as % of Covered Payroll 6.89 % 6.88 % . Befo~ Changes ! Al~er Changes Cove~e~ Annual Payroll $ ~0,937,211 $ 20,176,662 Average Annual Pa~oll $ 38,630 $ 37.~6 Average Age 43.6 41.9 Average Past ~ 8.0 6.3 Average ~e at Him 35.6 35.6 I Numb~ 174 174 Annul Benefits $ 2,7~,258 $ 2,723,25~ Average Ann~t ~efit $ 15,65! $ 15,651 Average Age 69.7 69.7 Num~ 3 3 Annul ~e~ $ ~,332 $ ~,332 Average Annul ~efit $ 9.~7 $ 9,7~ A~rage Age 62.6 62.6 Number 10 63 Annual Benefits $ 105,385. $ 1,777,994 Average Annual Benefit $ 10,539' $ 28,222 Average Age 45.3 54.0 II CiTY OF BOYNTON BEACH PENSION SYSTEMS initial Effects of Early Retirement Incentive Plan Assuming All Eligible Employees Elect to Retire "' ":' '"~::'"" ~ .... ' ' ' ~"~ ~:~~ :~0~i~.~¥ ~:'".~~.,~' .... ~7 ~=~:' ~'~ A. Numar of Employees Ei~ting ERIP 53 21 19 ~ 93 8. In~se i~ Annual Ci~ Pension Co~ $ 125,154 $ 57,818 $ 103,366 $ 286,338 C. O~mase in Annual ~11 761,~ 814,000 852,0~ 2,427,000 D. Net ~st (Savings) = B-C (635,8~) (756,182) (7~,63~) (2,1~,662~ ,.Assumptions The City will him as ma~y new employees as the number who retire. The City will promote as many remaining employees as the numt~er who retire. Pay will increase by 5% due to the promotions. Other Co.ts/Savings The figures above do not take into account costs or savings in othm' areas, such as, Sociat Security taxes, vacalion pay. longevity pay, etc. The City's con§nuation of t~ealth insurance premium payments over the next 3 years is also not reflected. P;epared Dy Gabrie!, Roeder, Smith anct Company October 17, 2003 GABRIEL, I~OEOER, SMITH & COMPANY CoflsultantJ & Actuaries 301 Eas[ La* O;as B~. · Susie 200 · FL Lau~da~, FL 333~.~54 · ~-527-~616 · F~ 9~-~5~ October 17, ~3 Ms. Ba~ara LaDue Pens~n Admin~mt~ Ci~ of ~ton ~ 100 E. Boston 8ea~ ~rd Boston ~a~, F~da 3~25-0310 Re: P~ ~m' Refir~nt Fu~ D~r ~ req~t~, ~ ha~ p~ ~e e~ A~d~ Im~t ~temen[ f~ the pm~ ~ Reagent In~n~ ~mm (ERIP). U~er ~ E~P, ~ o~m ~ ~ 15 or m~ yearn of ~ ~ of 9I~ a~ am ~b 3 ~m ~ ~ ~ c~al r~em ~ be e~gible {o ~ an in~ ~ffi ac~at f~ ~u~ent to 3 ex~ ~m of ~- We ~l~e ~ur q~s~ a~ ~m~s. S[n~y ~cl~ures Cm D~ne ~ C~'Y OF BOYNTON BEACH MUNICIPAL POLICE OFFICERS' RETIREMENT FUND Impact Statement - October 17, 2003 Description of Amendment o An Early Retirement IncentNe Ptan (ERIP) would be established. Under the ERIP, 13olice officers who nave 15 or more years of serv~.e as of 9/30/04 arid are within 3 years of early or normal retirement wou~ be eligible to receive an increased benef[t accrual factor equivalent ;o 3 extra years of credited service. o Those who elect to retire under the F. RIP will also benefit from the City's continuation of payment ~ I~ealth insurance premiums for three years. Since this benefit is not part of the Pension Fund, the Impact Statement does not reflect the payment of such premiums, Funding Implications of Amendment An actuarial cost estimate is attached. The amendment would increase the required employer contribution by $57,818 if all eligible members actually retire, Certification of Administrator I believe the amendment to be in compliance with Part VII, Chapter 112, Florida Statutes and Section 14, Article X of the Constitution of the State cf Florida. F~ the Board of Trustees as Plan Administrator SUPPLEMENTAL ACTUARIAL VALUATION REPORT Plan City of Boynton Beach Municipal Police Cff'~:ers' Retirement Fund Valuation Date October 1, 2002 Date of Report October 17, 2003 Report Requested by Board of Trustees Prepared by J. Stephen Paimquist Group Valued Active and inactive ~lice officers, Plan Provi~ions Being Considered for Change o An Eady Retirement Incentive Plan (ERIP} would be established. Under 'ti~ F_RIP, police officem who have 15 or mom years of service as of 9130/04 and are wilhin 3 years of early or normal retirem~t would be eligible to receive an increased benefit accrual factor equivalent to 3 extra yearn of credited service. o Those who elect to mtJre under the ERIP wil also bermfit from the City's continuation of 13aym®nt of health ir,.~urance premiums for three years. Since this benefit is not part of the Pension Fund, the Impact Statement does not reflect the payment of suct~ premiums. pa~cipants Affectecl Ail actNe police officers who have not retired or entered the DROP. Actua~al AeaunN)tionl ami Melhode Same as ~ 1, 2002 Actuarial Valuation Report wilh the~e exceptions: o 100% of the 21 eligible membem will actually re~re. o There all be ~ number of new hires equal to the number of members wl~ re~Jre. o There would be a number of pmmotior~ equal to the r~umber of members who ratim. Those promoted would be the remaining I~ighest paid part,pants, a~d their raise would be 5% of pay. Some of the key a~umplionslmel:hoa$ am: Investment return - 8.5% 13er year Salary increase - 5.0% - 6.5% ~ year Cost Method - Froz.~ Enb'y Age Amortization Period for Any Increase in Actuarial Accrued Liability 30 years Summary of Data Used in Report See attached page, Actuarial Impact of Proposal(s) See attac~ed page(s). The proposal would increase the required employer contribution by $57,818 if all 21 eligible members ream. Covered payroll would oecrease by about $814.000. Special Risks Involved With the Proposal That the Plan Haa Not Been Exposed to Previously Other Co~t Consideration~ The cost associated with the ERIP will vary based on the number of police officers wh° elect to I:mrticipate. Possible Conflict~ With IRS Qualification Rul~ None Enrolled ActlJal~ NO. 02-1560 A. Valuation Date October 1, 2002 October 1. 2002 Before, Changes ER/I;' B. ARC to Be Paid Dunng Fiscal Year Ending 9i30/2003 9/3012003 C. Assumed Date of Empk~yer Contdb. 10/1512003 10/15/2003 D. Annual Payment to Amortwze Unfunded Actuanal Liability $ 233,374 $ 413.016 E. Employer Normal Cost 1,538,895 1,412,360 F. ARC if Paid on the Valuation Date: D+E 1,772,269 1,825,376 G. ARC Adjusted for Frequency of Payments 1,929,458 1.987,276 H. ARC as % of Covered Payroll 26.14 % 30.26 % I. Assumed Rate of Increase in Covered Payroll to Contribution Year 0.00 % 0.00 % J. Ccvered Payrclt for Con, tr~uflon Year 7,382,088 6,567,684 K. ARC for Contribution Year:. H x J 1,926,458 1,987.276 L. Estimate of State Revenue in Contribution Year 445,454 443,454 M Recluired Employer Contribution ~RF_.C) in Contribution Year 1,486,004 1,543,822 N. REC as % of Cov~e¢l Paymtl in Contribution Year:. M .- J 20.13 % 23.51% I III I A. Valuation Oate Octol3er 1. 2002 Oc~.ober 1, 2002 gefore Change~ EI~IP B. Actuarial Present Value of All Projected Benefits for 1. Active Members a. Sewice Retirement Benefits $ 24,538,122 $ 17,605,690 b. Vesting Benefits 423,469 362,684 c. Disability 0ener, ts 1,432,154 1.306,918 d. Preretirement Death Benefits 415,709 350,492 e. Return of Member Contributions 338~656 394~g6g f. Total 27.148,110 20,020.753 2. Inactive Members a. Service Retirees & Beneficiaries 18,755,883 18,755.883 b. Disability Re~ees 3,123,091 3,123,091 c. Terminated Vestee Members 577.762 10,~,90,404 ¢1. Total 22,456,736 32,369,378 3. Total for All Members 49,604,846 52,390,131 C. Actuarial Accrued (Past Service) Uability per GASB No. 25 40,604,148 43,332,102 D. Actuarial Value of Accumulated Plan Benefits per FASB No. ;35 35,236,404 NA F_ Plan AS~ts 1. Market Value 26,777.81 ~, 26,777,811 2. Actuarial Value 32,133,373 32., 133,373 F. Actuarial Present Value of Pm~ected Covered I~il 52,914,~39 5:), 124,080 G. Actue~l Present Value of Projected Member Corfffibutions 3,704,016 3.648,685 A. Valuation Date I October 1, 2002 October 1, 2002 E~efore Char, gas ERfP B. Actuarial Present Value of Projected Benefits $ 49,604,846 $ 52.,390,131 C. Actuanai Value of Assets 32.133,373 32,133,373 D. Unfunded Actuarial Accrued Liability 3,371,705 6,099,659 E. Actuarial Present Value of Projected Member Co~,tributions 3,704.016 3,648.685 F. Actuarial Present Value of Projected Employer Normal Costs: B-C-D-E 10,395,752 ~0,508.414 O. Actuarial Present Value of Projected Covered Pay;oll 52,914,509 52,124,080 H. Employer Normal Cost Rate: FIG 19.65 % 20.16 % I. Covered .a~nual Payroll 7,382.,088 6.567,684 J. Employer Normal Cost: H x I 1,450,580 1,324,045 K. Assumed Amount of Adminislrative Expenses 88,$15 88,315 L. Total Employer Normal Cost: J+K 1,538,895 1,412,360 M. Employer Normal Cost as % of Covered IDayml 20.85 % 21.50 % III i B~f°ra Chan~es I After Changes ~~.,?.~~,~~~¥~:...., ~ · ~, ..... : .~,~r ,.~,~ ~. -_.~ · - , .,', '~ ,. ~ ' - .' ,-:,~.-' · ,'~. Number 119 119 Covered Annual Payrolt $ 7,382,088 $ 6,567,68~ Average annual Payroll $ 62,034 $ 55.191 Average Age 36.0 33.7 Average Past Service 7.7 4.9 Average Age at Hire 25.3 28.8 Number 54 54 Annual Benefits $ 1,789,409 $ 1,78g.409 Average Annual Benefit $ 33,137 $ 33,137 Average Age 53.7' 53.7 Number 16 16 Annual 8enerfl$ $ 328,596 $ 328,596 Average Annual Benefit S 20.537 S Z0.537 Average Age 52.7 52.7 Number 5 26 Annual Benefits $ 72,008: $ 1.132,982 Average Annual Benefit $ 14,402 $ 43,576 Average Age 39.5 42.2 I ,, CITY OF BOYNTON BEACH PENSION SYSTEMS Initial Effects of Early Retirement Incentive Plan Assuming Ail Eligible Employee~ Elect to Retire .....,....:....,.,..:..~. .... ~ ...... ~~.:~, poflce.'o.m~.'t!'=~~~'.:"::. ¥~!~, . ::.-.~,.,.,.y...-.- A. NumlDef of Empioyees EleclJng ERIP 53 21 19 93 B. Increase in Annual City Pension Cost $ 125,154 $ 57',818 $ 103,366 $ 286,338 C. Oecrease in Annual Payroll 761,000 814,00C 852,000 2,427,000 D. Net Cost (Savings) = B-C (635,848) (756.182) (748,634) (2,1¢0,662) Assumptions The City will hire as many new employees as t~ number who retire. The City will promote as many remaining employees as the number who retire. Pay will tncrease by 5% due to the promotions. Other Cost~lSavinge The figures above do not take into accounl costs or savings in other areas, suc,~ as, Social Security taxes, vacation ~3ay, longevity pay, etc. The City's continuation of health insurance premium payments over the next 3 yearn is also ncr reflected. Prepared by Gabnei, Roede¢, Smith anc~ Company Octol~er 17. 2003 GABRIEl. ROEDER, SIV#TH & (~OMPANY 301 ~ ~s ~n ~. · 5u,e 2~ · ~. ~e;~(e, ~,~01.~ · 9~-527-;616 · F~ ~-5~ O~o~r 1 7, ~3 MS. ~am ~D~. P~si~ Adminis~ ~t~ B~ R~htem Pension Board ~' of ~ton ~a~ 1 50 N.E. ~d Argue Bo~ ~. ~a 3~ Re: Rmfightem P~n Fund ~ar ~m: ~ ~~, ~ have ~e~r~ ~ ~cl~ ~1 Im~ ~ment ~r the pro~ Ea~ ~m~nt In~ Program (ERIP). Und~ ~ ERIP, fi~m ~o ~ 15 or mom ~am of se~ as of 9/~ a~ am ~in 3 ~am of early or ~al ~ ~uld ~ el~ib~ to r~ive an i~ ~ a~ ~or ~ui~nt ~ 3 e~ ~m ~ ~ ~, We ~l~e ~r q~ a~ ~mm~. Sin~y ~um, ~c~um~ ~: D~ne ~se CITY OF BOYNTON BEACH MUNICIPAL FIREFtGHTERS PENSION FUND Impact Statement - October 17, 2003 Description of Amendment An Early Retirement Incentive Plan (ERIP) would be established. Under the F, RIP, firefighters who have 15 or more years of sennce as of 9/30/04 ana are within 3 years of eedy or normal reUreme~ would be eligible to receive an increased benefit accrual factor equwalent to 3 extra years of creclite~ service. Those w~ elect to retire under the ERIP wil~ also benefit from the City's continuation of payment of heal~ insurance premiums for three years. Since this benefit is no{ part of ~ Pension Fu~.d, the Impact Statement does not reflect the payment of such premiums. Funding Implications of Amendment An actuarial cost estimate is attached. The amendment would increase the required employer contnl:~ution by $103,366 if all eligible members actually reUre. Certification of Administrator I believe the amendment to be in compliance with Pad VII, Cllapter 112. Flodda Statutes and Section 14, Article X of the Constitution of the State of F'lorida. For the Board of Tr,~tees as Plan Administrator SUPPLEMENTAL ACTUARIAL VALUATION REPORT Plan City of 8oynton Beacl~ Municipal I=irefighters' Pension Trust Fund Valuation Date October 1, ~002 Data of Report October 17, 2003 Report Requested by Board of Trustees Prepared by J. Steghen Palmquist Group Valued Active and inactive firaflghters. Plan Provision/Being Considered for Chlng~ o An Ea~/ Retirement Incet~tive Plan (ERIP) would be established. Under lhe ERIP, flrellghters who hav~ 15 or more years of sar~ce as of 9/30/04 and are within 3 yearn of early or normal retiremer~t would be eligible to receive an increased benefit accrual factor equivalent to 3 extra years of credited service. o Those who elect to r~ire under the ERIP will also benefit from the City's continuation of payment of health insurance premiums for three years. Since this benefit is not part of the Pension Fund, the !mpact Statement does not reflect the payment of such premiums. I~rtictoanls Affected All ac;th~ flrafighters who have not retired er entered the DROP. Actuarial Al~wltption~ and Methods Same as October 1.2002 Actuarial Valuation Report with these exceptions; o 100'4, of the 19 eligible rnembem will actually mum. o There will be a number of r~w hires equal to ~e number of memDers who retire. o There would be a number of promotions equal to the number of members wl~o retire. 'Dlose I:~::~note~ would be ~ remaining highest paicl participants= and . their raise would be 5% of pay. Some of the key ass~mplions/methods are: Investment return - 8.5% ~ year Salary increase - 6.5% per year Cost Mathocl - Frozen Entry Age AmorUzation Period for ~ny Increaso in Actuarial Accrued Liability 30 years Summary of Oata Used in Report see attacl~ed page. Actu;wial Impact of Propo6al(s) See attached page(s). The proposal would increase the required employer contribution by $103,366 if ali 19 eligible members retire. Covered payrol! woul~l decrease by about $852,000. Special Risks Involved With the Proposal That the Plan Hms Not Been ExDosed to Previously None. Other Cost Considerations The cost associated with the ERIP will vary based on the number of firefig~ers who elect to participate. Possible Conflicts With IRS Qualification Rule~ None A. Valuation Date October 1, 2002 October 1, 2002 Before Cha~ges ERtP B. ARC to Be Paid During Fiscal Year En(3ing t 9/3012003 9/3012003 C. Assure ed Date of Em ployer Contdb. 101151:Z003 10/15/2003 D. Annual Payment to Amortize Unfunded Actuarial Liability $ 292,184 $ 496,007 E. Employer Normal Cost 956,733 847,856 F. ARC if Paid on the Valuation Date: D+E 1,246,917 1.343,863 G. ARC Adjusted for Frequency of P aym ants I, 3591690 1,463,056 H. ARC as % of Covered Payroll 26.44 % 34.10 % I. Assumed Rate of Increase in Covered Payroll to Contril3ution Year 0.00 % 0.00 % J. Covered Payroll for Contribution Year 5,143,446 ~ 4,290,982 K. ARC for Contribution Year: H x J 1,359,690 1,463,056 L. Estimate of Stat~ Revenue in Contribution Year 463,2g(} 483,290 M. Required Employer Contribution (REC) in, Contribution Year 896,4~30 999,766 N, REC as % of Covered Payroll in Contribution Year: M -~ J 17.43 % 23.30 B. Actuarial Present Value of All Prolected Benefits for 1. Active Members a. Service Retirement Beneffis $ 21,260,258 $ 13,332,347 b. Vesting Benefits 1,207,337 1,200.096 c. Disability Beneffi$ 917,329 880,863 d. Preretlrement Death B enef'~ 275,065 232,813 e. Return of Member Contributions 119.558 161,654 f. Total 23,7'79.547 15,807,7T3 2. Inactive Mere bern a. Service Retirees & Beneficiaries 21,929,364 21,929,364 b. Disability Retirees c. Terminated Vested Members 852,264 12,871,33Z d. Total 22,781,628 34,800,701 3. Total for All Mern bets 46,561,175 50,608,474 C. Actuarial Accrued (l~ast Service) L{ability per GASB No. 25 39,432,154 42.341.510 D. Actuadat Value of Accumulated Plan Benefits per FASB No. 35 35,5C9,006 NA E. P{an Assets 1. Market Value 30,440,069 30,440,069 2. Actuarial Value 33,877,028 33,877,028 F. Actuarial Present Value of Projected Covered Payroll 38,370,194 41,681,676 G. Actuarial Present Value of Projected Mere bet Contributions 2,885,913 ;~, 917, 71 ? A. Valuation Dats October 1, 2002 October 1, 2002 Before Changes ERIP 0. Actuarial Present Value of Projected Benefits :$ 46,561,175 $ 50,608,474 C Actuarial Value of Assets 33,877,028 33,877,028 D. Unfunded Actuarial Accrued Liability 3,¢93,416 6,40Z,772 E. Actuarial Present Valoe of Projected Mem bar Contributions 2,685,913 2,917,717 F. Actuarial Present Value of Projected Eml31oyer Normal Costs; B-C-D-E 6,504,818 7,410,957 G. Actuarial Present Value of Projected Covered Payroll 38,370,194 41,681,676 H. Employer Normal Cost Rate: FIG 16.95 % 17.78 % L Cover~l Annual Payroll 5,143,446 4,290,982 J. Employer Normal Cost: H x I 871,814 782,937 K. Assumed Amount o~ Administrative Expenses 84.919 84,g19 L. Total Employer Normal Cost: J~'K 956.733 847,856 M. Employer Non'hal Cost es % of Covered Paym# 18.60 % 19.76 % I eefore Changes[ A,'t~rC.a_n1~leS Number 83 I 83 Covered Annual Payroil $ 5,143,445/ $ 4,290.982 Average Annual PaTroll $ 51,969 $ 51,6gg Average Age 37.5 33.7 Average Past Service g.6 5.2 Average Age at Hire 27.9 28.5 Number 55 55 Annual Benefits $ 2,075,066 $ 2,075,066 Average Annual Benefit $ 37,72.8 $ 37,728 Average Age 56.9 56.9 Number 0 0 Annual Benefits $ 0 $ 0 Average Annual Benefit $ 0 $ 0 Average Age 0.0 0.0 Number 5 24 Annual Berlefit~ $ 87,714. $ 1,404,256 Average Annual Benefit $ 17,543 $ 58,511 Average Age 42.7 44,6 EXHIBIT "B" AGREEMENT FOR PARTICIPATION IN EARLY RETIREMENT INCENTWE PROGRAM WAWER OF RIGHTS THIS AGREEMENT for Participation in Early Retirement Incentive Program (hereinafter referred to as Agreement) is' entered into between the City of Boynton Beach, Florida (hereinafter referred to as City) and (hereinafter referred to as Employee), this __ day of ., 200_. WHEREAS, the City has announced an early retirement incentive program which provides incentive benefits for participation; and WHEREAS, the City has prepared and distributed a Program Commencement Notice and a information Fact Sheet setting forth the terms and conditions for participation in the Early Retirement Incentive Program; and WHEREAS, the Employee has been provided with a copy of the Program Commencement Notice and Information Fact Sheet setting forth the terms and conditions for participation in the Early Retirement Incentive Program; and WHEREAS, the Employee has been advised that the Employee has up to forty-five (45) days in which to consider the terms and conditions of this Agreement; and WHEREAS, the Employee has acknowledged understanding of the benefits associated with the Em'ly Retirement Incentive Program; and WHEREAS, the employee has been advised to consult with an attorney prior to the execution of this Agreement and has had such oppommity; and WHEREAS, the Employee is eligible for participation in the Early Retirement Incentive Program based upon the Employee's years of service and age; NOW, THEREFORE, the City and the Employee, in exchange for the mutual covenants expressed herein and which are derived fi.om the creation of and participation in the Early Retirement Incentive Program agree as follows: 1. All representations and statements set forth in the foregoing Whereas clauses are true and correct and constitute material representations of each party to the other. 2. The Employee agrees to participate in the Early Retirement Incentive Program. 3. The last day of employment of Employee with the City of Boynton Beach is , a date which has been approved by the City Manager. 4. The City will credit the Employee, who has a minimum of 15 years of credited service and who is within three years of normal or early retirement, either three years to the S:\CA\Ordinanc~'xl~RIl~ - 2003kERIP Package 100703 doc employees' time of service or age or both so that a minimum criteria for normal or early retirement is satisfied. When necessary to fully vest an employee in the police or fire service for years credited pursuant to this incentive, but not actually served or rendered, the pension administrator and the plan actuaries shall provide a benefit calculation factor for such police or fire employee which, when applied, result in the employee receiving the full retirement benefit set forth herein, without offset or penalty. 5. Non Police/Fire employees retirement cap is 75% of Final Average Compensation. Any employee who elects to participate in the Early Retirement Program may not receive time that would cause them to exceed the 75% cap. 6. Non Police/Fire employees who elect to participate in the Early Retirement Program and who doe not meet Normal Retirement criteria will be assessed a 3% penalty for each year they do not meet normal retirement criteria. 7. Employee shall receive any payment for any unused annual leave and/or sick leave in accordance with current City policy. The total cost of the pay-out will be added to the employees gross wages for pension calculation purposes. However, the actual pay-out will be made in three (3) equal installments. The first installment will be on the retirement date set forth in paragraph 3 above. The second installment will be paid on December 1, 2004. The third installment will be paid on December l, 2005. 8. Employee must complete all termination clearance procedures established by the City prior to the receipt of final payment from the City. 9. The City shall continue to pay medical coverage premiums for the Employee until the end of the month on the 3rd anniversary of employees retirement date. The Employee may continue participation in the medical plan offered by the City on the date stated above, but such continued participation shall be at the sole expense of the Employee. The current monthly premiums are as follows: Health HMO PPO-$100 der. Single Coverage $310.84 $310.84 Employee plus spouse $652.52 $652.52 Employee plus children $553.00 $553.00 Employee plus family $855.12 $855.12 Dental insurance coverage will not be paid by the City of Boynton Beach after employee's last date of employment. If the employee wishes to continue dental insurance it will be at the employees expense. 10. The Employee will be responsible for the payment of all premiums for insurance coverage for family members other than the Employee. City will deduct the premium for additional spouse, child or family coverage for the month of retirement from the Employee's final pay check. Thereafter monthly amounts for additional spouse, child or family coverage will be deducted from Employee's monthly pension check. No notice will be sent to employee concerning payments for additional coverage. 11. This Agreement contains the entire understanding of the parties hereof superseding all communications between the parties, whether oral or written, and this Agreement may $:\CA\Ordinance~ER.l~ - 2003'~R11a Package 100703 do~ not be altered, amended, or modified or otherwise changed, nor may any o f the terms hereof be waived except by written instrument executed by both parties. 12. By countersigning below, Employee acknowledges that Employee understands and agrees to this Agreement and that Employee has been advised by the City to consult with an attorney regarding Employee's rights and that Employee has had the opportunity to do SO. 13. Employee releases the City of Boynton Beach, Florida, its officers, employees, trustees and agents, from and against, any and all liability or causes of action arising out of the City's offer of an Early Retirement Incentive Program or Employee's decision to participate in the program. 14. Employee acknowledges understanding of Employee's rights under the Older Workers' Benefit Protection Act and the Age Discrimination and Employment Act and waives any right or claim provided by either of those Acts against the City. 15. Employee agrees not to seek or accept reemployment with the City of Boynton Beach. 16. Employee agrees that he/she will not seek or accept promotion or transfer after executing this Agreement. 17. THIS AGREEMENT MAY BE REVOKED BY THE EMPLOYEE FOR A PERIOD OF SEVEN (7) DAYS FOLLOWING EXECUTION OF THIS AGREEMENT. THEREAFTER, THIS AGREEMENT IS IRREVOCABLE BY THE EMPLOYEE. IN WITNESS WHEREOF, the City and the Employee execute and enter into this Agreement. Witnesses as to Employee: (Print) Wimess Name (Print) Employee Name Witness Signature Employee Signature (Print) Witness Name Witness Signature STATE OF FLORIDA COUNTY OF PALM BEACH On this ~ day of ., 2004, before me, the undersigned Notary Public of the State of Florida, personally appeared and whose name is Subscribed to the within instrument, and he/she acknowledged that he/she executed the same. S:\CA\Ordmances'~l~RiP - 2003~I~RIP P~ka$¢ 100703.dog WITNESS my hand and official seal. Notary Public - State of Florida (Seal) __ Personally known to me Produced Identification: EMPLOYER/CITY OF BOYNTON BEACH: Attested to: Mayor City Clerk City Manager S:\CA~Ordinance~',~ERll~ - 2003XERIP Package 100703.doe EXHIBIT "C" CITY OF BOYNTON BEACH EARLY RETIREMENT 1NCENTWE PROGRAM COMMENCEMENT NOTICE The City of Boynton Beach, Florida announces an Early Retirement Incentive Program. This program is available for participation by Full-Time Employees who, on September 30, 2004, will be within three years of normal or early retirement and have attained at least 15 years of service. The City has prepared an Information Fact Sheet which provides a detailed overview of the program. The City has prepared an Agreement For Participation in Early Retirement Incentive Program and Waiver of Rights form which interested Employees will be required to sign to participate in the program. Both the Information Fact Sheet and the form Agreement are available for review and may be obtained from the Finance Department. Eligible employees who wish to participate in the Early Retirement Incentive Program must execute an Agreement for Participation and Waiver of Rights by 5:00 P.M., on January 23, 2004. DATED: December 1,2003. S:\CA\Ordinancea'4~KIP - 2003~E!1.~ Par. ka~ 10070tdo~ EXHIBIT "D" CITY OF BOYNTON BEACH EARLY RETIREMENT INCENTWE PROGRAM ACKNOWLEDGEMENT OF RECEIPT OF PROGRAM COMMENCEMENT NOTICE AND INFORMATION FACT SHEET The Undersigned, a current employee of the City of Boynton Beach, Florida, acknowledges, that he/she: 1. Was given a PROGRAM COMMENCEMENT NOTICE, INFORMATION FACT SHEET, AGREEMENT FOR PARTICIPATION IN EARLY RETIREMENT INCENTWE PROGRAM AND WAIVER OF RIGHTS, and DECLINATION TO PARTICIPATE form, describing the Early Retirement Incentive Program being offered by the City of Boy'nton Beach. 2. Was advised that he/she may have fights which are protected under the Older Workers' Protection Act or the Age Discrimination in Employment Act. 3. Was advised to consult with an attorney prior to executing an Agreement For Participation in Early Retirement Incentive Program. 4. Was advised that he/she may have up to forty-five (45) days to consider the Agreement For Participation in Early Retirement Incentive Program. 5. Was advised that he/she may revoke his/her Agreement For Participation in Early Retirement for a period of seven (7) days following execution of the Agreement. 6. Is aware that he/she may not seek or accept a promotion following execution of the Agreement for Participation IN WITNESS WHEREOF, I have hereunto set my hand and seal this ~ day of , 200. Signed, sealed, and delivered in the presence off WITNESSES: (Witness Signature) (Employee Signature) (Print Name of Witness (Print Name of Employee) (Witness Signature) (Print Name of Witness) S:\CA\Ordinlnc~Rll~ - 2003kERI~ Pl~.agc 100703 doc EXHIBIT "E" CITY OF BOYNTON BEACH EARLY RETIREMENT INCENTWE PROGRAM FACT SHEET FACT SHEET Based on the City's current staffing needs and requests of employees, the City is offering an Early Retirement Incentive Program (ERIP). Eligible employees are not required to accept the offer and participate in the program. WHO IS ELIGIBLE? Any full-time employee who, on September 30, 2004, will have been a full-time employee for a minimum of fifteen years and is within three (3) years of normal or early retirement. In order to participate an eligible employee must execute an Agreement for Participation and Waiver document by 5:00 P.M., on Monday, January 23, 2004, designating a last day of employment, not earlier than April 30, 2004, and not later than September 30, 2004. The actual retirement date must be approved by.the City Manager who shall take into consideration the operational impact on the department from which the employee is retiring. An employee who elects to receive thc Early Retirement Incentive Program cannot also participate in the Deferred Retirement Option Plan. HOW WILL IT WORK? If you are eligible to participate in the program and elect to do so, you will receive: Three (3) years added to your years of service time and/or years of age. In no event will the additional years service or age exceed three (3) total years. (General Employees for example, i.e. If you have 15 years of service and you are age 59, 3 years would be added to your age; if you have 22 years of service and are age 55, 3 years would be added to your years of service; if you have 15 years of service and are age 62, 3 years would be added to your years of service. At no time will additional service time be added that would give the employee more than 75% of their final average compensation. For Police and Fire only, the pension administrator and 'the plan actuaries shall provide a benefit calculation factor, when applied, will result in the employee receiving the full retirement benefit set forth herein, without offset or penalty. · The City of Boynton Beach will continue to pay health insurance at the single coverage rate for 1095 days following the employees actual day of retirement for all employees who elect to participate in the early retirement program. Dental insurance coverage will not be paid by the City after employees last date of employment with the City. IS THIS A ONE TIME OPPORTUNITY? S:\CA\Ordit~anc~ERI1~ - 2003~!RIP Pa;k~c 100703 do~ At the time, the City does not anticipate offering this program again. HOW LONG DO I HAVE TO MAKE A DECISION? You will have up to 45 days from the date of formal notification, December 1, 2003, to accept or reject this offer. If you elect to participate, by signing an Agreement for Participation and Waiver, you will have an additional seven (7) days following signing to notify the City that you revoke your decision to participate. SHOULD I SEEK LEGAL AND FINANCIAL ADVICE BEFORE I MAKE MY DECISION? Yes, you should seek the advice of legal and financial counsel before accepting or rejecting this offer. WILL I BE REQUIRED TO SIGN ANY TYPE OF WAIVER TO ACCEPT THE PLAN? Yes, you will be required to sign an Agreement for Participation in Early Retirement which includes a Waiver and a general release of all claims against the City. A copy of the Agreement for Participation in Early Retirement is available for your review. CAN I REVIEW THE AGREEMENT, RELEASE AND WAIVER NOW? Yes, the documents have been released and are available in the Finance Department. WHERE CAN I GET MORE INFORMATION? You should contact either of the following individuals: Diane Reese, Finance Director (561) 742-6312 Barbara LaDue, Pension Administrator (561) 742-6081 BY SIGNING THE AGREEMENT FOR PARTICIPATION IN THE EARLY RETIREMENT INCENTIVE PROGRAM AND WAWER OF RIGHTS, IS AN EMPLOYEE WAIVING WORKERS' COMPENSATION CLAIMS? No. The Waiver contained in the Agreement is a waiver of age discrimination claims only. An employee does not waive claims arising from Workers' Compensation claims. BY SIGNING THE AGREEMENT FOR PARTICIPATION IN THE EARLY RETIREMENT INCENTIVE PROGRAM AND WAIVER OF RIGHTS, IS AN EMPLOYEE WAIVING WAGE AND HOUR MATTERS? No. The waiver contained in the Agreement is a waiver of age discrimination claims only. An employee does not waive claims arising from wage and hour matters. S:\CA\Ordinanc~F. Rl~ - 200$'~ERIP PaeXage 100703.ck~ WHAT IF INSUR.ANCE PREMIUMS INCREASE AFTER AN EMPLOYEE'S R_ETII:LEMENT DATE? For the first three (3) years after the retirement date the City pays the full premium for the employee coverage, regardless of whether it increases, decreases or remains the same. The employee is responsible for payment of all of the premiums for dependent coverage whether it increases, decreases or remains the same. BY SIGNING THE AGREEMENT FOR PARTICIPATION IS THE EMLOYEE PROHIBITED FROM SEEKING OR ACCEPTING PROMOTIONS OR TRANSFERS? Yes. No employee, after signing his/her Agreement for Participation, may seek or accept a promotion or transfer to another position. IMPLEMENTATION DATES: OFFER OF PROGRAM December 1, 2004 LAST DAY TO SIGN AGREEMENT TO PARTICIPATE January 23, 2004 EARLIEST RETIREMENT DATE April 30, 2004 LAST DAY OF EMPLOYMENT September 30, 2004 S:\CA\OrdinaneeskER.l~ - 2003",ER.I~ P~kl~¢ 100?03.do~ EXHIBIT "F" CITY OF BOYNTON BEACH EARLY RETIREMENT INCENTIVE PROGRAM EMPLOYEE DECLINATION TO PARTICIPATE IN THE CITY OF BOYNTON BEACHS' EARLY RETIREMENT INCENTWE PROGRAM The undersigned, a current employee of the City of Boynton Beach, Florida, acknowledges that after receipt and careful review and consideration of the PROGRAM COMMENCEMENT NOTICE and INFORMATION FACT SHEET describing the Early Retirement Incentive Program dated , (the "program"), being offered by the City of Boynton Beach, the undersigned has decided not to accept the Program. IN WITNESS WHEREOF, I have hereunto set my hand and seal this __ day of , 200 . Signed, sealed and delivered in the presence off WITNESSES: Witness Signature Employee Signature Print Name Print Name of Employee Witness Signature Print Name DATED: S:XCA\Ordinantms~RIP - 2003kERIP Par3~ 100703.ck~