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Agenda 06-01-04
WELCOME Thank you for attending the City Commission Meeting GENERAL RULES & PROCEDURES FOR PUBLIC PARTLCIPA1TON AT CI'TY OF BOYNTON BEACH COMMISSION MEETLNGS THE AGENDA: There is an official agenda for every meeting of the City Commissioners, which determines the order of business conducted at the meeting. The City Commission will not take action upon any matter, proposal, or item of business, which is not listed upon the official agenda, unless a majority of the Commission has first consented to the presentation for consideration and action. · Con~ent Agenda Items: These are items which the Commission does not need to discuss individually and which are voted on as a group. · Regular Agenda Items: These are items which the Commission will discuss individually in the order listed on the agenda. · Voice Vote: A voice vote by the Commission indicates approval of the agenda item. This can be by either a regular voice vote with "Ayes & Nays" or by a roll call vote. SPEAKZNG AT COI~IMISSION MEETZNGS: The public is encouraged to offer comment to the Commission at their meetings during Public Hearings, Public Audience, and on any regular agenda item. City Commission meetings are business meetings and, as such, the Commission retains the right to limit discussion on an issue. · Public Hearings: Any citizen may speak on an official agenda item under the section entitled "Public Hearings." · Public Audience: Any citizen may be heard concerning any matter within the scope of the jurisdiction of the Commission. · Regular Agenda Items: Any citizen may speak on any official agenda item(s) listed on the agenda after a motion has been made and properly seconded. · ADDRESSING THE COMMISSION: When addressing the Commission, please step up to either podium and state, for the record, your name and address. DECORUM: Any person making impertinent or slanderous remarks or who becomes boisterous while addressing the Commission will be barred from further audience before the Commission by the presiding officer, unless permission to continue or again address the Commission is granted by the majority vote of the Commission members present. Please turn off all pagers and cellular phones in the City Commission Chambers while the City Commission Meeting is in session. City Commission meetings are held in the Boynton Beach City Commission Chambers, :~00 East Boynton Beach Boulevard, Boynton Beach. All regular meetings are held typically on the first and third Tuesdays of every month, starting at 6:30 p.m. (Please check the Agenda Schedule - some meetings have been moved due to Holidays/Election Day). CITY OF BOYNTON BEACH REGULAR CITY COMMISSION MEETING AGENDA June 1, 2004 6:30 P.H. I. OPENINGS: A. Call to Order - Mayor Jerry Taylor B. Invocation - Reverend Rick Riccardi, Police Chaplain C. Pledge of Allegiance to the Flag led by Commissioner Carl McKoy D. Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption II, OTHER: A. Informational Items by Members of the City Commission ANNOUNCEIqENTS, COf4f4UNITY & SPECIAL EVENTS~ & PRESENTA'F~ONS: A. Announcements: B. Community and Special Events: 1. Information on July 4m Activities (Verbal Report by Staff) C. Presentations: 1. Proclamations: None 2. Presentation of certificates of appreciation to volunteers who participated in the 2003 Great American Clean-up held on Saturday, May 1, 2004 TV. PUBLIC AUDIENCE: INDIVIDUAL SPEAKERS WILL BE LZPlZTED TO 3-1qINUTE PRESENTAI'ZONS (at the discretion of the Chair, this 3-minute allowance may need to be adjusted depending on the level of business coming before the City Commission) Agenda Regular City Commission Meeting Boynton Beach, Florida 3une 1, 2004 V. ADM~[N~[STRAI'LVE: A. Appointments to be made: Appointment Length of Term To Be Made Board Expiration Date III Ferguson Advisory Bd on Children & Youth Alt i yr term to 4/05 IV McKoy Advisory Bd on Children & Youth Alt i yr term to 4/05 II McCray Bldg. Bd of Adj & Appeals Reg 3 yr term to 4/07 Tabled (2) IV McKoy Bldg. Bd of Adj & Appeals Reg 3 yr term to 4/07 Tabled (2) Mayor Taylor Bldg. Bd of Adj & Appeals Alt 1 yr term to 4/05 Tabled (2) ! Ensler Bldg. Bd of Adj & Appeals Alt 1 yr term to 4/05 Tabled (2) II McCray Cemetery Board Alt 1 yr term to 4/05 III Ferguson Cemetery Board Reg 3 yr term to 4/05 IV McKoy Code Compliance Board Alt 1 yr term to 4/05 Tabled (2) Mayor Taylor Code Compliance Board Alt i yr term to 4/05 Tabled (2) IV McKoy Community Relations Board Reg 3 yr term to 4/05 Tabled (2) Mayor Taylor Education Advisory Board Stu 1 yr term to 4/05 Tabled (3) I Ensler Education Advisory Board Alt I yr term to 4/05 II McCray Education Advisory Board Reg 2 yr term to 4/06 II:[ Ferguson Education Advisory Board Reg 2 yr term to 4/06 TV McKoy Education Advisory Board Reg 2 yr term to 4/06 Mayor Taylor Education Advisory Board Alt 1 yr term to 4/05 I Ensler Education Advisory Board Stu 1 yr term to 4/05 III Ferguson Senior Advisory Board Alt i yr term to 4/05 VZ. CONSENT AGENDA: Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments. A. Minutes: 1. Regular City Commission Meeting of May 4, 2004 2. Regular City Commission Meeting of May 18, 2004 B. Bids and Purchase Contracts - Recommend Approval - All expenditures are approved in the 2003-2004 Adopted Budget 2 Agenda Regular City Commission Meeting Boynton Beach, Florida 3une 1, 2004 1. Award Bid #033-2821-04/.1A, "WEST WELLFIELD DEVELOPMENT," to Florida Design Contractors, Inc. (FDC) to execute a contract in the amount of $847,960. Also approve an owner's contingency of 10% in the amount of $84,796 for a total project budget appropriate of $932,756 (Proposed Resolution No. 04-076) (TABLED ON $-18-04) (Left on Agenda for review by Interim Utility Director) 2. Award RFP for "FIVE YEAR CONTRACT FOR VENDING MACHINE SERVICES: SECTION I - BEVERAGE VENDING SERVICES," RFP #044- 1411-04/C]D to Florida Coca-Cola Bottling Company of Riviera Beach, Florida (Proposed Resolution No. R04-088) 3. Approve the "piggy back" of the CI-fY OF WEST PALM BEACH, BID #03/04-06, TO FLORIDA HIGHWAY PRODUCTS, INC. for the MICROSURFACING OF ROADWAYS in the estimated amount of $225,014.82, plus a project funding contingency of $10,985.18, for a total of $236,000 4. Award "PAINTING OF VARIOUS BUILDINGS AND PLAYGROUND STRUCTURES," Bid #054-2511-04/.1A, to EAGLE PAINTING, of Sunrise, Florida in the amount of $13,040 5. Multi-award the "ANNUAL BID FOR SAFETY CLOTHING AND EQUIPMENT," Bid #046-1412-04/.1A, on an overall basis to the lowest, most responsive, responsible bidder who meets all specifications with an estimated annual expenditure of $50,000 6. Approve the "piggy back" of the SCHOOL DISTRICT OF PALM BEACH COUNTY, BID #00C-010.I to SOUTH FLORIDA TRANE SERVICE for the REPLACEMENT OF THE MAIN AIR COND1TiIONING UNIT AT THE WEST WATER TREATMENT PLANT at a cost of $31,600 7. Multi-award "ANNUAL BID FOR HARDWARE SUPPLIES," Bid #053-1412- 04-CID, on an overall basis to the lowest, most responsible, responsible bidder who meets all specifications with an estimated annual expenditure of $35,000 C. Resolutions: 1. Proposed Resolution No. 04-078 Re: Approving five individual task orders for the East Water Treatment Plant Expansion (EPX), Stage 1, Phase I Project totaling $1,324,702. Also, approve an owner's contingency of 5% in the amount of $66,235.10 for a total budget appropriate of $1,390,937.10. The owner's contingency of 5% will be applied to individual task orders on an "as needed basis." ('TABLED ON $-18-04) (Left on Agenda for review by Interim Utility Director) - Recommendation on this item is to table the item for 3 Agenda Regular City Commission Meeting Boynton Beach, Florida June 1, 2004 one meeting to allow the Interim Utility Dj~ctor and opportunity to dJscu~ possible cost savings with consultants. Also, the project needs to be "Un-bundled" into five separate parts. 2. Proposed Resolution No. R04-089 Re: Authorizing the execution of an Assignment and Assumption Agreement among the City of Boynton Beach, Crossroads Engineering & Surveying, Tnc. and Erdman Anthony of Florida, :[nc. 3. Proposed Resolution No. R04-090 Re: Approving the Master License Agreement and the Amendment to the License Agreement with Exact Software North America, Inc. for the City's pension software 4. Proposed Resolution No. R04-091 Re: Authorizing the execution of an Agreement for Water Service Outside of City Limits with Patrick Webster for the property at 1180 Ridge Road, Lantana, Florida (Lot 130 & W. 1/2 of Lot 131, Ridge Grove) 5. Proposed Resolution No. R04-092 Re: Authorizing the execution of an Agreement for Water Service Outside the City Limits with William (Wilhelm) Keller for the property at 1200 Alto Road, Lantana, Florida (Lot 305, Ridge Grove Addition 1) 6. Proposed Resolution No. R04-093 Re: Authorizing the execution of an Agreement for Water Service Outside the City Limits with Dorothy M. Wiley for the property at 1207 Peak Road, Lantana, Florida (Lots 253 and 254, Ridge Grove Addition No. 1) 7. Proposed Resolution No. R04-094 Re: Committing to comply with minimum Countywide fire-rescue level of service standards 8. Proposed Resolution No. R04-095 Re: Ratification of Bargaining Agreement between the City of Boynton Beach and the NCF&O, SEIU Local 1227 Blue Collar Bargaining Unit for Fiscal Year 10- 01-03 through 09-30-04 9. Proposed Resolution No. R04-096 Re: Ratification of Bargaining Agreement between the City of Boynton Beach and the NCF&O, SETU Local 1227 White Collar Bargaining Unit for Fiscal Year 10- 01-03 through 09-30-04 10. Proposed Resolution No. R04-097 Re: Authorizing execution of cooperative funding agreement no. DG040192 with the South Florida Water Management District that will provide $50,000 in funding from the District for the North Federal Highway West Side and Park Trrigation Conservation Project Agenda Regular City Commission Meeting Boynton Beach, Florida June 1, 2004 D. Ratification of Planning & Development Board Action: 1. Hendricks Variance (ZNCV 04-003), 911 SW 28th Street - Request for relief from Chapter 2, Zoning Section 5.C.2.a, requiring a minimum rear yard setback of 25 feet for a single-family home within the R-l-AA zoning district, to allow for a variance of 10 feet, and a rear yard setback of 15 feet 2. Grove Plaza (MPMD 04-001), South side of Hypoluxo Road, east of Lawrence Road - Request for modification of the subdivision master plan to convert parcel "D" from a 9,000 square foot retail building to an 11,973 square foot retail building 3. Grove Plaza Parcel "D" (NWSP 04-007), South side of Hypoluxo Road, east of Lawrence Road - Request for New Site Plan approval for an 11,973 square foot retail building on a 1.22 acre parcel in a C-3 zoning district 4. (~uantum Park Use Approval (USAP 04-002) Medical Offices), Lot 3, Quantum Park P]:D - Request for Use Approval to include "Medical Offices" in the list of permitted uses on Lot 3 of the Quantum Park PID E. Ratification of CRA Action: None F. Approve the release of Cash Surety (Check #3111, Fidelity Federal Bank & Trust) for Hawk's Landing PUD in the amount of $2,467 G. Approve the release of cash surety for Boynton Commerce Center in the amount of $1,000 H. Approve acceptance of cash surety in the amount of $5,100 for site restoration with excavation and fill, Permit #03-1551 for the Quantum Park Lot 34C lake construction I. Approve return of cash bond to Premier Commercial Realty, Inc. in the amount of $2,200 for the project known as Premier Gateway Business Center (Lots 32- 38) Approve full release of surety covering the water and sewer systems for the project known as High Ridge Commerce Center, Lots 9-12, to Levitt Commercial High Ridge, LLC. in the amount of $5,125 K. Approve return of cash bond of $10,468.96 to Centex Homes for the project known as The Harbors (Buildings 3 and 5) Agenda Regular City Commission Meeting Boynton Beach, Florida 3une 1, 2004 L. Approve acceptance of Performance Bond for Quantum Townhomes East & West (a/k/a Parkside) in the amount of $137,500 M. Approve the "SURPLUS VEHICLE/EQUIPMENT LIST" as submitted by Public Works Department and allow for the sale of same N. Approval of donation from State Forfeiture Funds in the amount of $5,000 to Lake Worth Community High School Criminal .lustice Academy O. Approval of donation from State Forfeiture Funds in the amount of $1,000 to Florida Missing Children's Day P. Authorize the use of Community Investment Funds from Mayor Taylor ($500), Vice Mayor Ferguson ($500), Commissioner Ensler ($2,000) and Commissioner McKoy ($500) to American Legion Post 164 to help offset cost of the 19' x 20' addition for handicapped accessible restrooms for disabled veterans VII. CODE COMPLTANCE & LEGAL SEI-FLEMENTS: None vz'm'z. PUBLZC HEARZNG: 7:00 P. t4. OR AS SOON THEREAFTER AS THE AGENDA PERMZI'S A. Project: Waterside (ANNEX O4-002) (APPLICANT REQUESTS POSTPONEMENT- STAFF RECOMMENDS POSTPONEMENT TO Agent: Carlos Ballbe, Keith & Ballbe, Inc. Owner: Hector Garcia, Southern Homes of Palm Beach LLC Location East side of South Federal Highway, between Palmer Road and Chukker Road Description: Request to annex 7.30 acres of property in connection with the request to build :~15 fee-simple townhomes and related site improvements B. Project: Waterside (LUAR 04-002) (APPLICANT REi~UEST~ POSTPONEMENT- STAFF RECOMMENDS POSTPONEMENT TO Agent: Carlos Ballbe, KeJth & Ballbe, Inc. Owner: Hector Garcia, Southern Homes of Palm Beach LLC Location East side of South Federal Highway, between Palmer Road and Chukker Road Description: Request to amend the Comprehensive Plan Future Land Use map from Commercial High Intensity and Medium Density Residential (Palm Beach County) to Special High Density Residential Agenda Regular City Commission Heeting Boynton Beach, Florida 3une 1, 2004 C. Project: Waterside (LUAR 04-002) (APPI_TCANT RE(~UE.~I'~ POSTPOIVEI~fEIVT- STAFF RECONNENDS POSTPOIVEI~fEIVT TO 06/,ZS/04) Agent: Carlos Ballbe, Keith IA Ballbe, Inc. Owner: Hector Garcia, Southern Homes of Palm Beach LLC Location East side of South Federal Highway, between Palmer Road and Chukker Road Description: Request to rezone from Multi-family Residential and Commercial General (Palm Beach County) to Planned Use Development (PUD) D. Project: Largo Pointe (ABAN 04-001) Agent: .luan Perez - Moraitis, Cofar IA Karney Owner: Phegley Corporation Location: North side of Southwest :19th Avenue, approximately 800 feet east of Congress Avenue Description: Request for abandonment of the roadway portion of an unimproved roadway/utility easement ZX. CTrY MANAGER'S REPORT: A. Review of Crime Statistics B. Discussion and Consideration of Annual Board Dinner C. Proposed Ordinance No. 04-039 Re: Amending Ordinance 03-058 - Early Retirement Tncentive Program - to permit otherwise eligible firefighters to use prior military service buyback for purposes of satisfying the 15 year eligibility requirement for early retirement X. FUTURE AGENDA ZTEMS: A. Proposed Ordinance No. 04-013 Re: Development of Regional Impact Amendment (DR]A) approval amending the approved uses within the project, establishing a use conversion matrix and changing the name of the DR] project from Motorola to Renaissance Commons ('2~ READ_rlVG TABLED OIV 04/07/04 - AWAZ7'~IVI; APPROVAL FROM D.C.A. ON COI~fPAIVZOIV ORDZNANCE,) (June 15, 2004) B. Workshop regarding Old High School Refurbishment (Delayed due to poor bid response - Staff preparing alternate approach - (.lune 15, 2004) C. Discussion of additional Property Tax Assessment Exemption for Tncome Eligible Senior Citizens per FSS :196.075 (Delayed pending information from Palm Beach County- 3une 15, 2004) D. City Commission Budget Workshop Meetings (.luly :13, .luly :14 IA .luly :15, 2004) 7 Agenda Regular City Commission Meeting Boynton Beach, Florida June 1, 2004 E. City Commission Workshop Meeting to discuss the Comprehensive Plan Update with staff and the Town Center project with the CRA (.luly) F. Workshop regarding City Hall/Public Safety Space Needs Report (TBA) G. Proposed Lease Agreement with Boynton Woman's Club (TBA) H. Management of Colors along Congress Avenue, Federal Highway, Gateway Boulevard and Boynton Beach Boulevard (TBA) X~. NEW BUS~NESS: None XTI'. LEGAL: A. Ordinances - 2nd Reading - PUBLIC HEARING 1. Proposed Ordinance No. 04-034 Re: Annexing 2.46 acres of property in connection with the request to build 48 fee-simple townhomes and related site improvements (Bayfront) 2. Proposed Ordinance No. 04-035 Re: Amending Comprehensive Plan Future Land use map from Commercial High :[ntensity (Palm Beach County) to Special High Density Residential (Bayfront) 3. Proposed Ordinance No. 04-036 Re: Rezoning property from General Commercial and Residential Multi-family (Palm Beach County) to :[nfill Planned Unit Development (:[PUD) (Bayfront) 4. Proposed Ordinance No. 04-037 Re: Amending the Comprehensive Plan Future Land Use map from Local Retail Commercial to Special High Density Residential (Oceanside) 5. Proposed Ordinance No. 04-038 Re: Rezoning from C-2 Community Commercial to ]~nfill Planned Unit Development (:[PUD) (Oceanside) B. Ordinances - 1~ Reading 1. Proposed Ordinance No. 04-040 Re: Amending Land Development Regulations, Chapter 7, Surety; Article :[, in general, providing for clarification of procedure for handling of surety 8 Agenda Regular City Commission Meeting Boynton Beach, Florida 3une 1, 2004 2. Proposed Ordinance No. 04-041 Re: Amending Chapter 2 "Administration," Article V, "Code Compliance Board," Section 2-91, "Violations and Penalties"; and Chapter 9, "Fire Protection and Prevention," Article 1, "Penalty for Violations," to provide for enforcement of Fire Code Violations through the Code Compliance Direct Citation Process C. Resolutions: None D. Other: 1. Review and consider proposal from 3uan and Anna Valverde to purchase the vacant parcel adjacent to 730 SW 3rd Avenue (Motion requires roll call vote. Approval requires super-majority vote.) XI[[. UNFINISHED BUSINESS-' None XIV. AD3OURNr4ENT: NOT[CE IF A PERSON DEC[DES TO APPEAL ANY DECISION MADE BY THE Ct-FY COHH[SSION WFI'H RESPECT TO ANY MA~-I'ER CONSIDERED AT THIS HEET[NG~ HE/SHE WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE~ HE/SHE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS HADE~ WHICH RECORD INCLUDES THE TEST[PIONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. (F.S. 286.0105) THE CTTY SHALL FURNISH APPROPR]ATE AUX[UARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN [ND[V[DUAL WITH A D[SAB[LTI'Y AN EQUAL OPPORTUNITY TO PARTICIPATE IN AND EN~OY THE BENEFITS OF A SERVICE, PROGRAFI~ OR Acr'[V[TY CONDUCTED BY THE CTI-Y. PLEASE CONTACT .1OYCE COSTELLO, (56:1.) 742-6013 AT LEAST 'rVVENTY-FOUR HOURS PRIOR TO THE PROGRAM OR AC'F]VITY IN ORDER FOR THE CITY TO REASONABLY ACCONHODATE YOUR REQUEST, Fi'NAL AGENDA 5/2812004 11:18 AM BHH S:\CC\WP\CCAGENDA~,GENDAS\Year 2004\060104 - final agenda.doc III.-ANNOUNCEMIENTS & PRESENTA'rZONS CITY OF BOYNTON Item C.2 AGENDA ITEM REQU Requested City Connnission Date Final Form Must be Turned Requested City.' Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meetinq Dates in to City Clerk's Office [] April 6, 2004 March 15, 2004 (Noon.) [] June l, 2004 May 17, 2004 (Noon) [] April 20, 2004 April 5, 2004 (Noon) [] June 15, 2004 May 31,2004 (Noon) [] May4, 2004 April 19, 2004 (Noon) [] July 6, 2004 June 14, 2004 (Noon) [] May 18.2004 May 3, 2004 (Noon) [] July 20. 2004 July 5, 2004 (N(~n) [] Administrative [] Legal '~ ~ c~ NATURE OF zr~] Announcement [] New Business ar- ;o..< AGENDA ITEM [] City Manager's Report [] Presentation -o [] Consent Agenda [] Public Hearing .~. [] Code compliance/Legal Settlements [] Unfmished Busines~:::~ RECOMMENDATION: Recognition for the more than 100 volunteers who participated in the 2003 Great American Clean-up held in the City of Boynton Beach Saturday, May 1st. Certificates of appreciation will be issued to the participants during the commission meeting. EXPLANATION: On Saturday, May 1st the City Of Boynton Beach participated in its fifth annual Great American Clean-up. Neighborhoods and organizations participating included Golfview Habour, INCA, Bethesda Memorial Hospital, Deliverance By Faith Church, Boynton Terrace Neighborhood Assoc., Community Deliverance Church, AmeriCorps, Village Royale on the Green, Four Seas Sun Condo Association, Boynton Hills Neighborhood Assoc., International Pentecostal City Mission Prayer Center, Whaler's Cove, and Treasure Island, recognition to the city's solid waste division for picking the trash up and taking to the Solid Waste Authority, plus individual and family members who contributed their time to pick up trash on that day. PROGRAbI IMPACT: The above organizations and people contributed to our community by assisting to improve the city's image, instilling a sense of pride in our neighborhoods and helping to focus on our need to keep our community free of trash and litter. Over two hundred bags of trash were delivered to the Solid Waste Authority as a result of our volunteer efforts. FISCAL IMPACT: There is no fiscal outlay for funding the above project. It is funded entirely by the Keep Palm Beach County Beautiful Program and the Solid Waste Authority of Palm Beach County. ALTERNATIVES: There is no current funding available for this project ~utside of the above-mentioned program. Department Head s Signature/ )/~// ,a City Manager's'Signature / Neighborhood Services Department Name City Attorney / Finance / Human Resources S:'~BULLETINUFOILMS'OtGENDA ITEM REQUEST FORM.DOC VI'.-CONSENT AGENDA CITY OF BOYNTON BEAC] I'TEM B.1. AGENDA ITEM REQUEST FO .... Requested City Commissio~ Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned in Meeting Dates in to City Cl~rk's Office Meeting Dates to City Clerk's Office [] April 6, 2004 March 15, 2004 (Noon0 [] June 1, 2004 May 17, 2004 (Noo~) [] .aani120, 2004 April 5, 2004 (Noon) [] June 15, 2004 May 31, 2004 (Noon) : 2'~ May 4, 2004 April 19, 2004 (Noon) [] July 6, 2004 June 14, 2004 (Noon) [e .; May 18, 2004 May 3, 2004 (Noon) [] July 20, 2004 July 5, 2004 (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 award Bid #033-2821-04/JA, "WEST WELLFIELD DEVELOPMENT", to Florida Design Contractors, Inc. (FDC) and to execute a contract by resolution in the amount of $ 847,960.00. Also, approve an owner's contingency of 10% in the amount of $ 84,796.00 for a total project budget appropriation of $ 932,756.00. EXPLANATION: The western wellfield consists of both active and inactive production wells designed to supply raw water to the West Water Treatment Plant (WWTP) from the surficial aquifer. Four (4) of the wells (4W, 5W, 6W, 13W) were drilled in 1991 for future use but have never been put into production. These four (4) wells will provide additional raw water to the WWTP for current and future needs. On March 18, 2003, the City Commission approved Task Order 001-09 for Metcalf & Eddy to supply services at the west Wellfield that included a sand source study (the WWTP is experiencing an increase in the amount of sand in the transmission lines, causing premature plugging of cartridge filters and increased operational costs), televise the well casings and water transmission lines, develop a sand reduction plan and prepare bid specifications for this project. Revised 4/20/04 S:~,BULLETIN~ORMS~a. GENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM PROGRAM IMPACT: The project includes placing inactive Wells 4W, 5W, 6W, and 13W into service and modifications to Wells lW and 12W providing the raw water supply necessary to sustain the projected potable water demands and the expansion of the WWTP. Five (5) competitive bids were received and opened by Procurement Services on March 25, 2004. Ali bid proposals were submitted to Utilities and Metcalf & Eddy, our design professional for review and evaluation. During the evaluation of the bid proposals, an error was discovered in the calculation of Bid Item gl in four (4) of the five (5) proposals (Bid Item gl - mobilization, demobilization and cost of the general conditions). The Technical Specifications state that this bid item cannot exceed 8% of the base bid. Even though Bid Item gl for FDC exceeds the 8% by $5,604.00, their bid is $106,196.00 lower than the second lowest bid of $ 943,306.00. We concur with Metcalf & Eddy (see Attachments gl & g2) and recommend FDC as the lowest, most responsive, responsible bidder who meets all specifications and whose bid represents the most advantageous bid to the City, price and other factors considered. FISCAL IMPACT: Funds are available in the Utilities R&R Account g's 401-5000-590-96.02 WTR075 and Utilities CIP Account g401-5000-590-96.01 WTRll4 for the contract amount of $ 847,960.00 and a 10% contingency of $ 84,796.00 for a total budget appropriation of $ 932,756.00. ALTERNATIVES: There is no alternative due to the increased amount of sand intrusion in the transmission lines to the WWTP. The expansion of the WWTP is contingent upon the ability to supply raw water from the surficial aquifer. Additionally, with the upcoming Phase 4 expansion of the WWTP, all wells within the west Wellfield must produce the best raw water in the needed quantities to meet current and future demand of our customers and community. Revised 4/20/04 S:~BULLETINLIVORMS~OENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM ssistant City Manager City Manager Utilities Department (~'/m~ (~ ~_.~ .~//... / ~ Department Name ~ Ci[y-~'rney / Finance / Human Resources Attachments bc: Dale Sugerman, Assistant City Manager cc: Paul Fleming, Sr. Project Manager Bob Kenyon, Deputy Utilities Director John Reynolds, Well Maintenance Supervisor Procurement Services Utilities File Revised 4/20/04 S:~BUI .! .E~RMSX3tGENDA ITEM REQUEST FORM.DOC 1 2 RESOLUTION NO. R04- O'7~ 3 4 A RESOLUTION OF THE CITY OF BOYNTON 5 BEACH, FLORIDA, APPROVING THE AWARD OF 6 BID #033-2821-04/JA TO FLORIDA DESIGN 7 CONTRACTORS, INC., (FDC), FOR WEST 8 WEIJ.FIELD DEVELOPMENT IN THE AMOUNT 9 OF $847,960.00; AUTHORIZING THE CITY 10 MANAGER TO EXECUTE CONTRACT 11 DOCUMENTS; AND PROVIDING AN EFFECTIVE 12 DATE. 14 WHEREAS, five competitive bids were received and opened by Procurement 15 Services on March 25, 2004, for the West Wellfield Development, and together with 16 Metcalf & Eddy., our design professional, staff is recommending the award to Florida 17 Design Contractors, Inc., (FDC) as the lowest, most responsive, responsible bidder 16 who meets all specifications; 19 NOW, THEREFORE, BE IT RESOLVED BY THE CITY 20 COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 21 Section 1. The City Commission of the City of Boynton Beach, Florida, 22 hereby approves the award of Bid g033-2821-04/JA to Florida Design Contractors, 23 Inc., (FDC) for the West Wellfield Development, and does hereby authorize the City 24 Manager to execute a contract in the amount of $847,960.00, a copy of which 25 Contract is attached hereto and made a part hereof. 26 Section 2. That this Resolution shall become effective immediately. 27 S:\CA\RESO~Agreements\Bid Awards~Award of Bid - FDC - West Wellfield.doc 1 PASSED AND ADOPTED this __ day of June, 2004. 2 3 CITY OF BOYNTON BEACH, FLORIDA 4 5 6 Mayor 7 $ 9 Vice Mayor 12 Commissioner 15 Commissioner 17 18 Commissioner 19 ;T: 2O 22 , Clerk 23 24 Seal) 25 26 27 28 :\CA\RESOV~,greements\Bid AwardsXAward of Bid - FDC - West Wellfield.doc BID TITLE: WEST WEI,I,FIEI,D DEVEI,OPMENT BID NUMBER: 033-2821-04/.1A PROJECT NUMBER: WTR075 & WTR114 CITY OF BOYNTON BEACH, FLORIDA CONTRACT FOR CONSTRUCTION SERVICES THIS CONTRACT, made and entered into this 4TH day of MA.Y_._2fl~, by and between the CITY OF BOYNTON BEACH, a municipal corporation of Florida, hereinafter called the "CITY" or "OWNER" and FLORIDA DESIGN CONTRACTORS, INC. a Florida Corporation ( X ) Check One a Florida General Partnership ( ) a Florida Limited Partnership ( ) a Sole Proprietor ( ) hereinafter called "CONTRACTOR". WITNESSETH WHEREAS, 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: WEST WELLFIELD DEVELOPMENT WHEREAS, Contractor, in compliance with the bidding requirements announced by the City, submitted a bid on the 11 TH day of ~I&RF_,IJ.,_211~ for the total bid amount of ~; and, WHEREAS, On the ~ of 3tJ2~L,_ZI~L4, the City Commission designated contractor as having submitted the bid that was most advantageous to the City and authorized the execution of this Agreement; and, WHEREAS, the Parties agree that the Project is scheduled to achieve Substantial Completion without interruption within 141 calendar days as specified in the Notice to Proceed, subject to CITY approved time extensions. NOW, THEREFORE, in consideration of these premises and the mutual conditions and covenants contained herein, the parties agree as follows: c-1 Utilities Department Rev. 12/30/03 1. AGREEMENT 1.1. The Parties agree that: 1.1.1. The foregoing "Whereas" clauses 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 amounts set forth in Contractor's bid. 1.1.4. Contractor is an independent contractor as that term is set forth in the General Conditions for Construction GC-2, INDEPENDENT CONTRACTOR. 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. Technical Specifications 2.2.10. Contract Drawings and Plans 2.2.11. Addenda 2.2.12. Written directives or interpretations 2.2.13. Manufacturers warranties C-2 Utilities Department Rev. 12/30/03 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. Furnish all tools, equipment, materials and supplies and to do all the work above mentioned in a first-class, substantial and workmanlike manner, and in conformity with the detail for said work on file in the office of the Project Manager and strictly in accordance with the Contract Documents. 3.1.4. CONTRACTOR shall furnish each subcontractor or material supplier with a copy of his Public Construction Bond within five (5) days of subcontractors' work or material supplying and shall maintain records to establish that notice. A copy of said notice shall be provided to the City's Project Manager at time of issuance. 3.1.5. Guarantee all work and materials for a period of one (1) year, as set forth in the General Conditions for Construction GC-24, WARRANTY. Warranty period shall commence with date of fmal acceptance as set forth in the Technical Specifications for Construction 01700, EXECUTION REQUIREMENTS.Comply with the provisions of Section 255.05, Florida Statutes, if applicable. 3.1.7. Pay promptly, before final settlement, any and all claims or liens by subcontractors or material suppliers, incurred in and about this work. 3.1.8. 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. C-3 Utilities Department Rev. 12/30/03 3.1.9. Observe and comply with the provisions of the charter, ordinances, codes and regulations of the City of Boynton Beach, Florida. 3.1.10. Obtain written approval from the CITY of all subcontractors not disclosed in the Contractor's bid document. 3.1.11. Perform such other tasks as set forth in the Contract Documents. 3.1.12. Shall provide all required bonds, insurance certificates and any other required security for performance of the Project within ten (10) 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 subcontractors or suppliers. 4. CITY'S OBLIGATIONS 4.1. City shall provide a written Notice to Proceed at the time of the scheduled Pre- Construction Meeting. 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 within (10) calendar days of the Commencement Date specified in the written "Notice to Proceed," and to achieve Substantial Completion without interruption within ! 41 calendar days thereafter. 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, the amount stipulated in Section 6.0 hereinbelow for each and every calendar day that the CONTRACTOR shall be in default of achieving certification of Substantial Completion. C-4 Utilities Department Rev. 12/30/03 5.3. CONTRACTOR shall notify the Project Engineer in writing of any change in the names and addresses of each subcontractor proposed for principal parts of work, and any changes in subcontractors from those proposed in CONTRACTOR's bid proposal, and for such others as the Project Engineer may direct, and shall not employ any that CITY may, within a reasonable time, object to as incompetent or as unfit. 6. LIQUIDATED DAMAGES 6.1. The CONTRACTOR further agrees to pay $1,.~00.00 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 achieve Substantial Completion within 141 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. 6.2. Punch list items recorded as a result of inspections for Substantial Completion are to be corrected by the CONTRACTOR within thirty (30) calendar days and prior to any request for Final Inspection, Testing and Acceptance as stated in the General Conditions for Construction (GC-50). If the Substantial Completion punch list items have not been corrected by the CONTRACTOR within the thirty (30) calendar day period, at the discretion of the Project Manager, Liquidated Damages may be applied as described in Section 6 above. 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 Technical Specifications for Construction, 01540, SECURITY AND SAFETY PROCEDURES FOR INFRASTRUCTURE PROJECTS, and/or 01541 SECURITY AND SAFETY PROCEDURES FOR WATER TREATMENT PLANT PROJECTS. 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. C-5 Utilities Department Rev. 12/30/03 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. 8.3. The execution of this Agreement by the CONTRACTOR shall obligate CONTRACTOR to comply with the foregoing indemnification provision, as weI1 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. C-6 Utilities Department Rev. 12/30/03 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 stun 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-46, FIELD CHANGE DIRECTIVES/CHANGE ORDERS. 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 Jay Ameno,. P.E.,. Metealf& Eddy. 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. C-7 Utilities Department Rev. 12/30/03 12. INSURANCE 12.1. The Contractor shall obtain and maintain insurance as set forth in the General Conditions for Construction GC-27, INSURANCE. 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-17, CONTRACT INTERPRETATION. In reconciling conflicting provisions of the Contract Documents, the Contract shall have the greatest weight, followed by the General Conditions for Construction and finally by the balance of the Contract Document 14. TIME OF ESSENCE 14.1. Inasmuch as the provisions of the Contract Documents relating to the times of performance and completion of the work are for the purpose of enabling the CITY to complete the construction of a public improvement in accordance with a predetermined program, all such time limits are of the essence of the Contract. 15. REMEDY FOR DELAY 15.1. 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. C-8 Utilities Department Rev. 12/30/03 CONTRACTOR hereby acknowledges that he has read and understands the above provision. INITIALS 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-23, EXTENSION OF TIME/NO DAMAGES FOR DELAY. 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-18, DISPUTES. 16.2 Upon resolution of a dispute by the Owner, either party may request the appointment of a mediator. C-9 Utilities Department Rev. 12/30/03 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 Attorney Signed, sealed and witnessed FLORIDA DESIGN CONTRACTORS, INC. in the presence of: President or Vice President Attest as to CONTRACTOR State of Florida ) ) SS.' 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 instrument and has acknowledged before me that they have executed same. Notary Public My Commission Expires: C-10 Utilities Department Rev. 12/30/03 ATTACHMENT #1 BlD #033-2821-04/JA Utilities Department AGENDA 05/04/04 City of Boynton Beach Project Management Team Interoffice Correspondence TO: Bill Atkins DATE: Revised 4/20/04 Deputy Director of Finan~n n ~ FROM' Paul Fleming, ~f~/r ~ PHONE: 6487 Senior Project Uanage~t~ V~-'" (.] PROJECT: West Wellfield Development SUBJECT: Recommendation of Contract Award bcc: File 2.2 R. Kenyon B. Conboy Jim Penkosky, Metcalf & Eddy This office has reviewed the bid tabulation sheet and related information for this project/bid and hereby recommends contract award in accordance with the following data: Project Name: West Wellfield Development Recommended Contractor: Florida Design Contractors, Inc. (FDC). FDC is the lowest bidder for Bid #033-2821-04/JA whose bid represents the most advantageous bid to the City, price and other factors considered. Award Amount: Contract award amount is $ 847,960.00. A contingency of 10% of the award amount, $ 84,796.00, that brings the total budget appropriation to $ 932,756.00. Errors were discovered in four (4) of the five (5) proposals regarding the 8% calculation for mobilization/demobilization and general conditions (Bid Item #1). FDC exceeded the 8% by $5,604.00; however, they remain the lowest bid by $106,196.00. It is in the best interest of the City to accept the bid from FDC "as is~. It was mutually agreed that it was more advantageous to accept the bid due to the substantial cost savings and the possibility of a re-bid. On April 20, 2004 a pre-award recommendation meeting was held with Thomas Clarke and Greg Williams from Florida Design Contractors; Jim Penkosky and Jay Ameno from Metcalf & Eddy; and Bob Kenyon, John Reynolds, Paul Fleming and Karen Riseley, Utilities. Flodda Design was concemed over the interpretation of the 8% amount for Bid Item #1 and after discussion, there was a mutual agreement to recommend FDC for the award based on the information provided by Metcalf & Eddy since three other bidders also misinterpreted Bid Item #1. The payment procedure for lump sum items was also discussed. FDC will be required to submit milestones for the percentage of work completed under each lump sum amount and will not be permitted to "top load" the lump sum (ask for the largest portion of the amount in the first payment, but prorate the payments accordingly). Utilities Department City of Boynton Beach Project Management Team Interoffice Correspondence Account Number: ~401-5000-590-96.02 WTR075 and ~01-5000-590-96.01 WTR114. Verification of Contractor Responsibility: The Utilities Department and Metcalf & Eddy, our design professional have vedfied that FDC has experience with similar projects and received favorable references. Compliance with the Plans and Specifications: FDC stated no exceptions and meets all required specifications. Client Office Concurrence: Bid results were discussed with Bob Kenyon, Deputy Utilities Director, who has indicated his concurrence with the award recommendation to FDC. After you sign the Agenda Item Request Form along with Finance, please provide the City Clerk's Office with the required additional copy of these documents. If you have any questions, please contact me at 6487. Attachments: Agenda Item Cover Sheet/Checklist Agenda Item Request Letter of Recommendation from Metcalf & Eddy Letter from Florida Design Contractors, Inc. Procurement Tabulation Sheet (signed by Paul Fleming) METCALF EDDY Fax:95JJ505100 Apr 20 200~ 15:25 P.02 ATTACHMENT 02 BID #033-2821-01/JA AGENDA 05/04/04 Nlet~lf & Eddy :~z4o ~utiv~ W~y Miramat~ FL April 20, 2004 T~I: 954-450.7170 ~ax: 954-450-~ 1 ~ Mr. Paul M. FI~ ~w.m~.com Sc~or ~j~t M~ager Ci~ of Boston Beth 12~ E. Woolb~t Road Boston B~h, Flo~da 33435 Re: ~-R~o~tion M~a~g W~st Wollfiold Developm~t Bid N~b~: 033-2821-04/JA M&E T~k ~d~ ~01-09 De~ ~. Flem~g: To~y, a p~-~eo~dafion meeting w~ held be~ ~e City, M&E, ~d Flofi~ Deai~ Con~to~ ~ ~ac~a bid it~ ~ 1 in rela6on to ~ value allow~ ~ ~ Sch~ule of Bid It.s. ~ sho~, Florida Desi~ e~t~ ~er~ is ~bi~ity be~e~ ~e description for bid it~ I ~d the ~lowablo v~ua when subtot~ing ~e bid. W~ cone~ ~ may b~ ~om for ~ffer~t ~t~ations. ~e~fo~, we ~ve re-~uat~ each bid p~g a e~t~a wh~ bid it~ 1 would be limit~ to 8% of~e tot~ bid. All bidd~s meet this cfit~a, ~d Flofi~ D~si~ Con~to~ r~a ~a low~at reactive bidder. We re~ o~ ~eo~~fion of Flofi~ ~si~ Coniston, ~c. for bid aw~ on · e r~f~need p~j~t in ~e ~o~t of $847,960. Plebe con.et me wi~ ~y queations or eo~ta at 95~-~50-5159. ~TC~F & EDDY, ~C. cc: Bob Kenyon -Boynton Beach Karen Riseley - Boynton Beach Jay Amcno, P.E. - M&E P: \ g,n&4neerin8;\ Boy~tonBea ch\ Boyr, ton 200'1 .-~ \ toO1,-O9 welLtielcl \ pR)40420, doc B)D TABULATION BID ~ 033-2821-04~JA CITY OF BOYNTON BEACH WEST WELLFIELD DEVELOPM ES',iT Jam~ O. F'enkusky, P.F- ' z~ >_ >_ >. · ~ ~ o~ m w m m m w o _ ~ > >_ >_ z~ > > o ~ ~.~ :~z m uJ ~ z ~~° ~ o 0 LLI-- UJ 0 VT.-CONSENT AGEN DA ITEM B.2. 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 [] April 6, 2004 March 15, 2004 (Noon.) [] June 1, 2004 May 17, 2004 (Noon) [] April 20, 2004 April 5, 2004 (Noon) [] June 15, 2004 May 31, 2004 (Noon) [] May 4, 2004 April 19, 2004 (Noon) [] July 6, 2004 June 14, 2004 (Noon) [] May 18, 2004 May 3, 2004 (Noon) [] July 20, 2004 July 5, 2004 (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 RFP for "FIVE YEAR CONTRACT FOR VENDING MACHINE SERVICES: SECTION I - BEVERAGE VENDING SERVICES", RFP#044-1411-04/CJD to FLORIDA COCA- COLA BOTTLING COMPANY of Riviera Beach, Florida. EXPLANATION: On April 13, 2004, Procurement Services received and opened (1) proposal for the above referenced RFP. After review and evaluation it has been determined to recommend award of this RFP to Florida Coca-Cola Bottling Company of Riviera Beach, Florida whose RFP was overall responsive and responsible proposer. Coca-Cola Bottling Company will be providing to the City the following: (1) A 20% Commission of Gross Beverage Sales. (2) A one-time capital improvement payment of $15,000.00. (3) A $7,500.00 annual payment fee. (4) Produce & distribute 10,000 bottleneck rings annually. :~ '~"~ (5) 30 custom 3 x 8 banners for any occasion. (6) 100 cases of 12 oz. CSD/Water annually. (7) Customized Truck backs promoting special events co:~ (8) In store promotions of 2 events annually (9) Unlimited use of special events wagons. Section II of this RFP received no response therefore Procurement Services will be re-bidding for Snack~ol~d Vending Machine Services. The provisions of this RFP award will allow for a one (1) year extension at the~jae terms, conditions, and prices subject to vendor acceptance, satisfactory performance and determination that'S'he renewal is in the best interest of the City. Teresa A. Zabik, Special Events Coordinator, concurs with this recommended award (See attached memo). PROGRAM IMPACT: The purpose of this RFP was to seek a sole vendor to provide vending machines for the Employee locations as well as the parks within the City of Boynton Beach. The proceeds from the machines and additional promotions are listed above. Our previous awards for vending machine services were limited to a 20% commission on gross sales. This award will provide greater benefits to the City. S:\BULLETIN~ORMS~AGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM FISCAL IMPACT: The following financial benefits will result from this a~vard: AMOUNT TO BE RECEIVED: 20% Commission on Gross Beverage Sales (Employees Party) $15,000.00 Capital Improvements $7,500.00 Annual Payment Fee It has been past practice to utilize the commissions received on vending machines to fund the Employees Party. Deputy Director of Financial Services x~ City Manager's Signature cc: Wilfi'ed Hawkins - Assistant City Manager Wayne Segal - Director of Public Affairs Teresa Zabik - Special Events Coordinator S:~BULLETIN~ORMSL~GENDA ITEM REQUEST FORM.DOC 1 2 3 RESOLUTION NO. R04- 4 5 A RESOLUTION OF THE CITY OF BOYNTON 6 BEACH, FLORDA, APPROVING THE AWARD OF 7 RFP #044-1411-04/CJD TO FLORIDA COCA-COLA 8 BOTTLING COMPANY, PROVIDING FOR A "FIVE 9 YEAR CONTRACT FOR VENDING MACHINE 10 SERVICES: SECTION 1 - BEVERAGE VDNING 11 SERVICES"; AUTHORIZING THE CITY 12 MANAGER TO EXECUTE AN AGREEMENT 13 BETWEEN THE PARTIES; AND PROVIDING AN 14 EFFECTIVE DATE. 16 WHEREAS, on April 13, 2004, Procurement Services opened one (1) 17 )roposal to the RFP "Five Year Contract for Vending Machine Services: Section 1 - 18 3everage Vending Services"; and 19 WHEREAS, after review and evaluation it has been determined appropriate 20 ~y staff to recommend award of this RFP to Florida Coca-Cola Bottling Company of 21 ~iviera Beach, Florida whose RFP was overall responsive and responsible prOposer; 22 tnd 23 WHEREAS, upon recommendation of staff, the City Commission of the City 24 ,f Boynton Beach does hereby approve the award of RFP No.044-1411-04/CJD to 25 qorida Coca-Cola. Bottling Company of Riviera Beach, Florida. 26 NOW, THEREFORE, BE IT RESOLVED BY THE CITY 27 ~OMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 28 Section 1. The City Commission of the City of Boynton Beach, Florida, 29 ~ereby approves the award of RFP No. 044-1411-04/CJD to Florida Coca-Cola. 30 Iottling company of Riviera Beach, Florida, for a Five Year Contract for Vending :\CA\RESO~Agreements~Bid Awards'~Award of RFP - Coca-Cola -Vending Machines.doc Services - Section 1 - Beverage Vending Services. 2 Section 2. That the City Manager is hereby directed to execute an 3 between the City of Boynton Beach and Florida Coca-Cola Bottling 4 of Riviera Beach, Florida, a copy of which is attached hereto. 5 Section 3. That this Resolution shall become effective immediately. 6 PASSED AND ADOPTED this __ day of June, 2004. 7 8 CITY OF BOYNTON BEACH, 9 FLORIDA 10 12 Mayor 13 14 15 Vice Mayor 16 17 18 Commissioner 19 2O 21 Commissioner 22 23 24 Commissioner 26 27 28 Clerk 29 30 Seal) 31 32 33 34 :\CA\RESO~Agreements\Bid Awards~,ward of RFP - Coca-Cola -Vending Machines.doc VENDING SERVICES FOR BEVERAGES AGREEMENT. BETWEEN Florida Coca Cola Bottling Company AND THE CITY OF BOYNTON BEACH, FLORIDA THIS AGREEMENT between Florida Coca Cola Bottling Company (Vendor) and the CITY OF BOYNTON BEACH, FLORIDA (City) is made this 1st day of June~ 2004. WITNESSETH: WHEREAS, Vendor and the City wish to enter into an agreement to incorporate the terms and conditions of RFP #044-1411-04/CJD regarding the provision of beverage vending services. NOW, THEREFORE, for the mutual promises, covenants, and agreements contained herein, the parties covenant and agree as follows: 1. That the recitations set forth above are incorporated as if fully set forth herein. 2. The term of this Agreement shall commence on or about June 1~ 2004 and extend until May 31~ 2009. This Agreement may be renewed for one (1) additional year term, if both parties mutually agree and it is in the best interest of the City. 3. Vendor shall have the full service vending placements as provided by RFP #044-1411- 04/CJD, attached hereto and incorporated herein. Vendor shall provide 24 hour, 7 days a week priority service for all mechanical problems with its equipment. Response time will be within 24 hours of the service call. 4. Vendor shall provide the brand names of the Product as set forth in RFP #044-1411- 04/CJD The vending machines shall be filled by a full service driver employed by Vendor. Rev. 05/30/02 C- 1 5. Vendor shall reimburse the City the amounts, as provided in RFP #044-1411-04/CJD from the sales it incurs from the vending machines. 6. Vendor shall obtain and maintain insurance as set forth in the General Conditions 1-14 (Per attachment "A") 7. Vendor shall provide on an annual basis throughout the (5) year term, and any renewal periods, of this Agreement all of the items that were set forth in RFP#044-1411-04/CJD. 8. This Agreement shall be governed by the laws of the State of Florida as now and hereafter in force. The venue for actions arising out this agreement shall be Palm Beach County, Florida. 9. All notices, requests, demands, and other given if personally delivered or mailed, certified mail, return receipt requested, to the following addresses to: As to City: City of Boynton Beach 100 E. Boynton Beach Blvd. Boynton Beach, FL 33425 Attn: Carol Doppler As to Vendor: Florida Coca-Cola Bottling Company 6553 Garden Road Riviera Beach~ FL 33404 10. Vendor shall not, without prior written consent of the City, assign any portion of its interest under this contract and, specifically, Vendor shall not assign any moneys due or to become due without the prior written consent of the City. C-2 11. The City and Vendor each binds itself, its partners, successors, assigns and legal representatives to the other party hereto in respect to all covenants, agreements and obligations contained in the contract documents. 12. Vendor, for good and valuable consideration shall indemnify, defend and save harmless the City, its officer's agents, and employees, from or on account of any claims, damages, received or sustained by any person or persons resulting from the work provided for this Project; or by or in consequence of any negligence in connection with the same; or by use of any improper materials or by or on account of any use of any improper materials or by or on account of any act or omission of Vendor or its subcontractors, agents, servants or employees. Vendor agrees to defend, indemnify and save harmless the City its officers, agents and employees, against any liability arising from or based upon the violation of any federal, state, county or city laws, by-laws, ordinances or regulations by Vendor, its subcontractors, agents, servants or employees. 13. Vendor further agrees to defend, indemnify and save harmless the City, its officers, agents, or employees from all such claims, fees, and from any and all suits and actions of every name and description that may be brought against the City or its officers, agents or employees on account of any claims, fees, royalties, or costs for any invention or patent, and from any and all suits and actions that may be brought against the City, its officers, agents, or employees for the infringement of any and all patents or patent rights claimed by any person, finn or corporation. The indemnification provided above shall obligate Vendor to defend at its own expense or to provide for such defense, at the City's option, any and all claims or liability and all c-3 suits and actions of every name and description that may be brought against the City, its officers, agents, or employees which may result from the operations and activities under this contract whether the work be performed by Vendor, its subcontractor or by anyone directly or indirectly employed by either. This indemnification includes all costs and fees including attorney's fees and costs at trial and appellate levels. 14. This Agreement shall be considered null and void unless signed by both Vendor and the City. 15. The contract documents constitute the entire agreement between the City and Vendor and may only be altered, amended or repealed by a duly executed written instrument. C-4 IN WITNESS WHEREOF, the parties hereto have executed this Agreement, on the day and year first above written. ATTEST: CITY OF BOYNTON BEACH, FLORIDA By: By: City Clerk Kurt Bressner, City Manager Approved as to legal sufficiency and form: By: City Attorney WITNESSES: FLORIDA COCA-COLA BOTTLING COMPANY By: (Print or Type Name) (Print or Type Name) (SEAL) (Print or Type Name) STATE OF COUNTY OF The foregoing instrument was acknowledged before me this __ day of ., 200, by , as (name of officer or agent, title of officer or agent), of (name of corporation acknowledging), a (state or place of incorporation) corporation, on behalf of the corporation. He/She is personally known to me or has produced (type of identification) as identification. Notary Public - State of Florida c-5 MEMORANDUM To: Bill Atkins, Deputy Director of Financial Services From: Teresa A. Zabik, Events Coordinator CC: Wilfred Hawkins, Assistant City Manager Wayne Segal, Director of Public Affairs Carol Doppler, Senior Buyer Date: April 28, 2004 Re: Recommendation for award of RFP#044-1411-04/CJD Based on review of the items submitted for the "FIVE YEAR CONTRACT FOR VENDING MACHINE SERVICES: SECTION I - BEVERAGE VENDING", RFP # 044-1411-04/CJD, our recommendation is to award the bid to FLORIDA COCA-COLA BOTTLING COMPANY. In summary, Coca-Cola will provide the following: 1. 20 percent Commission of Beverage Sales for City Employee Party 2. $15,000 for Capital Improvements 3. $7,500 Annual Fee 4. Promotional, Marketing, and/or Advertising Support: · Production and distribution of 10,000 neck ringers annually (similar to door hangers on bottles) · Production of 30 custom 3x8 banners annually · 100 cases of CSD/water annually · Customized track backs promoting special events throughout Boynton (4 weeks annually, 5 tracks) · In store promotion of any 2 events annually including displays in major retailers · Unlimited use of Special Events Wagons, free of charge As part of developing stronger partnerships with local businesses, a proposal for City beverage vending was requested to include a commission of beverage sales, funding for capital improvements (towards purchase of mobile stage), an annual sponsorship fee and assistance with marketing of Special Events. In addition, the awarded company will maintain separate records for designated "Benevolent Funds" for the Boynton Beach Fire Department. In return, the company awarded would be designated "The Official Soft Drink of the City of Boynton Beach"; all facilities (with the exception of the Links of Boynton Beach; currently under contract) will only sell product from the awarded company. In addition, all vendors, non-profit groups, etc. at all City produced events will sell only beverages produced by the awarded company. By creating this partnership, the City of Boynton Beach will gain a previously inaccessible methodology for promotions and marketing of Special Events. With these marketing opportunities, additional sponsorship values/benefits will be available to pass on to additional sponsors. Finally, with the use of a drink trailer, the opportunity to recover some of the costs of the events will be available. In addition, with the $15,000 towards the proposed purchase of a new mobile stage, the City will save a considerable amount of money in regards to the labor costs to set-up and breakdown of our current stage. Thus, this partnership will assist in creating increased economic development opportunities for the City of Boynton Beach. V]'.-CONSENT AGENDA 'TEM B.3. O 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 [] April 6, 2004 March 15, 2004 (Noon.) [] June 1, 2004 May 17, 2004 (Noon) [] April 20, 2004 April 5, 2004 (Noon) [] June 15, 2004 May 31, 2004 (Noon) [] May 4, 2004 April 19, 2004 (Noon) [] July 6, 2004 June 14, 2004 (Noon) [] May 18, 2004 May 3, 2004 (Noon) [] July 20, 2004 July 5, 2004 (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 the "piggy-back" of the CITY OF WEST PALM BEACH, BID #03/04- 06, to FLORIDA HIGHWAY PRODUCTS, INC. for the MICROSURFACING OF ROADWAYS in the estimated amount of $ 225,014.82, plus a project funding contingency of $10,985.18, for a total of $236,000.00. EXPLANATION: Procurement Services received a request from Public Works/Engineering Division to "piggy-back" the City of West Palm Beach, Bid #03/04-06 to utilize Florida Highway Products, Inc. for the purpose of microsurfacing roadways. This will assist in the repairs of deteriorating roadways throughout the City. All City streets have been inventoried and their condition rated. The worst streets have been identified for immediate repair. A ten-year road maintenance program is being designed and will be implemented next year. Procurement Services requests Commission's review, evaluation and approval. PROGRAM IMPACT: Microsurfacing is a proven bituminous surface treatment that aids in stopping pavement oxidation and surface failure. Microsurfacing is not an asphalt overlay and, as such, has an entirely different visual appearance. Proper maintenance extends pavement life and reduces future costs. FISCAL IMPACT: Funds are allocated within the CIP budget as follows: Account Description Account Number Budget Street Improvements 302-4905-580-63-08 $ 260,000.00 (Project #CP0266) ALTERNATIVES: To continue with repair of isolated areas (potholes)./ '~) ~-/ Deputy Director o£Financial Services City Manager's Signature Procurement Services _n~a,az_~, Department Name City Attorney / Finance / Human Resources cc: Jefl~ey Livergood - Public Works Laurinda Logan - Engineering S:LBULLETIN~ORMS~AGENDA ITEM REQUEST FORM.DOC RECEIVED DEPARTMENT OF PUBLIC WORKS NAY I) $ ENGINEERING DIVISION MEMORANDUM NO. 04-074 /.;T TO: Bill Atkins, Deputy Director (Finance), Purchasing FROM: Laurinda Logan, P.E., Senior Engineer ~ -- DATE: May 3, 2004 ~ X~ RE: Request for Procuring Contract Serv~ees~ Microsurfacin~l Attached please find the following: · Microsurfacing Proposal from Florida Highway Products; and · Copy of the City of West Palm Beach contracts with Florida Highway Products. Could your office please proceed with preparing a purchase order for the above microsurfacing services by "piggy-backing" onto the City of West Palm Beach contract? The Florida Highway Products proposal is for $236,000.00 (Two Hundred Thirty Six Thousand Dollars), which includes approximately 5% (five percent) to allow for field overruns. This project has been initiated by the Department of Public Works/Engineering Division to address repair of deteriorating roadways throughout the City. All city streets have been inventoried and their condition rated. The worst streets have been identified for immediate repair. A ten-year road maintenance program is being designed and will be implemented next year. Microsurfacing is a proven bituminous surface treatment that aids in stopping pavement oxidation and surface failure. Microsurfacing is not an asphalt overlay and, as such, has an entirely different visual appearance. Monies have been budgeted by the Public Works Department for this work. Sufficient in-house forces and expertise are not available for this work. Proper maintenance extends pavement life and reduces future costs. The alternative to approval of this piggy-back is to continue with repair of isolated areas (potholes) or to "Do Nothing." Placement of microsurfacing will extend the life of the roadway significantly. Should you have any questions or require additional information please feel free to contact me at ext. 6482 or Jeff Livergood at ext. 6201. LUck Cc: Jeffrey R. Livergood, P.E., Director, Public Works (via e-mail) H. David Kelley, Jr., P.E./P.S.M., City Engineer, Public Works/Engineering (via e-mail) George Mantell, Street Supervisor, Public Works/Streets Division File S:\Engineedng\Kdbs\Microsurfacing, Req. for Procuring Contr. Serv., Memo to B. Atkins 5-3-04.doc Florida Highway Products, Inc. P.O. Box 928 · Bartow, FL 33831 3900 US Highway 17 N. · Bartow, FL 33830 April 24, 2004 (863) 533-7881 · FAX: (863) 533-4404 Jeffrey Livergood, P.E., Director Department of Public Works City of Boynton Beach 222 NE 9t~ Avenue (PO Box 310) Boynton Beach, Florida 33425-0310 VIA FACSIMILE: 561-742-6211 RE: Microsurfacing Proposal by Florida Highway Products, Inc. (FHP) Dear Jeff: Florida Highway Products and I are very pleased to have this opportunity to provide a proposal for mierosurfacing the roadways reflected on the list provided me by your staff. Below are reflected the specific areas from the map provided me and the listed streets with lengths, widths and square yards of each. S~.~t Name Len~h (ft.} Width (ft.} Square Yards Area/, NE 1 Ct (Victoria Blvd.) 3,115 19 6,576 NE 1 Ct 1,003 20 2,229 NE 3 Ct 800 20 1,778 NE 3 St 2,504 20 5,565 NE 4 Ct 2,380 20 5,289 NE 25 Ave 1,260 20 2,800 NE 21 Ave 530 20 1,178 NE 1 St 700 20 1,556 NE 2 St 480 20 1,067 NE 2 Ct 1,013 20 2,251 NE 2 Way 1,145 20 2,545 NE 20 Ave 2,360 20 5,245 NE 18 Ave& 1 St 1,103 20 2,451 NE 19 Ave 1,437 20 3,193 NE 17 Ct 710 20 1,578 NE 2 Ct 460 20 1,022 NE 17 Ave 1,202 20 2,671 NE 1 St 245 20 545 www.florldahighway.com Email: fhpmlcro@gte.net April 24, 2004 Boynton Beach Re: Microsurfacing Proposal Page 2 Street Name Length fft.) Width (ft.) Square Yards. Area H SW 1 St 3,558 20 7,907 SE 2 Ave 1,225 20 2,722 SE 3 Ave 1,180 20 2,622 SE 4 Ave 1,140 20 2,533 SE 5 Ave 1,115 20 2,478 SE 6 Ave 1,015 20 2,256 SE 7 Ave 950 20 2,111 SE 8 Ave 890 20 1,978 SE 9 Ave 850 20 1,889 SE 10 Ave 820 20 1,822 SE 11 Ave 650 20 1,445 Area ,m SW 25 Ave 483' + 95' culd. 20 1,782 SW 25 Place 825 20 1,833 SW 13 St 250 20 556 SW 27 Place 1,350 20 3,045 SW 13 Ct 280 20 622 SW 11 Ct 240 20 533 Total 87,673 Based on my measurements of the listed roadways, I calculate there are a total of 87,673 sq. yds. I estimate these roadways will require a total of 52 tons of leveling and 1,I80 gallons of crackfili prior to microsurfacing. FHP is pleased to offer the following existing contract for piggybacking: · City of West Palm Beach Annual Microsurfacing Contract Double Course of micro (28# - 32#/sq. yd.) ~ $2.34/sq. yd. Leveling ~ $155.00/ton Craclcfilling ~ $10.00/gal. April 24, 2004 Boynton Beach Re: Microsurfacing Proposal Page 3 Based on these contract prices and my calculated and estimated quantifies listed above, the total project is estimated to cost $225,014.82 for all maintenance strategies recommended. I would respectfully suggest you issue a P.O. for $236,000 to provide an approximate five- percent (5%) contingency to cover any possible shortfall in my estimates for leveling and crackfill. If you have any questions in this regard, please feel free to call me at your convenience at 954- 401-8107. Again, I would like to express our appreciation for this opportunity to serve your City. Should you desire to add to the project in any way, the unit prices provided will still be in effect throughout the rest of this fiscal year. Most sincerely, cc: Robert H. Maggard, Vice-Pres., Florida Highway Products, Inc. FHP file 05/1~/200~- i0:3~ 5G1~350028 C~TV O~ 5~P3 PAG~ 01/~2 ~ ~ PROCUREMENT D~ISION ~ 1~5 ChaHoEe Aven~e TEL: (~1) 65~803~ FAX: (~1) 83~0028 "~e C~ttal O~ ~[ th, Palm ~mm~r 12, 2003 Fl~da Hig~y P~ucts, inc. P.Q Box 928. Ba~o~, FI. 33831 Sub. t: Sealed Bid ~ 03/~, ~nual Mi~osudacing Contra~ - N~ce of Intent to Awa~ Dear Mr. Maggard: This letter will aevise you that Florida Highway Products, inc, has submitted a proposal for the above subject project that has been determined to be the best value to the City for the annual contract for microsurfacing various roads Citywide. The City proposes to contract with Flortda Highway Products, Inc. for the work specified in Sealed Bid ~03/04-06. The City's Engineering Services Division will be advising you of the required insurance and bond submittals, if applicable, so that the contract documents csn be compiled and presented to the Mayor for approval and execution. Thank you for participating in ~e bidding process. We look forward to contracting with your company to accomplish this project. With Regards, ~r~ermilk, CPPB Procurement Official cc: K Rearden, Director of Public Utilities R. Williams, Fiscal Services Manager NasimiTahed, Senior Project Engineer Jonati'ian Bramley, Project Engineer 10.' 34 5513350028 C~']'"/ OF b~B PAGE 0'2/02 OFFK;E OF THE crr~ ATTORNEY Chandre IVlcC-~, Conffact Specialist Leader, Public UtililJes Jonathan W. Bram.~y, Project Engineer, Public Utilities ~/Nom Laudermiik, Procummer¢. Official Chuck Langley, Engineering Manager, Public Uti{{ties Ken Re. arden, Director, Public Utilities Nancy Jennifer H.R. Hunecke, Assistant City Attomey,~l~vw Florida Highway Products, Inc. Bid # 03/O4,06 $342,739.00 04.040 The above-referenced Contract was delivered to the Mayor for execution on this date. This memo will confirm the basic terms for contract administration: Total Contract Value: $342,739,00 Contract Expiration: February 2005 Insurance Expiration (earliest date on certif~:ates:) 03/31/2004 Insurance: The cerlJficate of insurance indicates that certain policies expire in March 2004. If th~ contract term is extended or vv~rk is performed after March 30, 2004, please remember to follow up and obtain an updated cer'dficete of insurance showing insurance renewals for the contract term. Bonds: Modify b~nd dates to._match the_c...o, ntract date I~er the $~. ret~.s auth~Hzatlon letter dated December 31, 2003, Please provide a set of original dated bonds to the Surety. Warranty: Please obtain alt written warranties from Contractor. Warranty inspection should be conducted nine (9) mOnths from date of acceplance by City. CONTRACTOR'S PROPOSAL CITY OF WEST PALM BEACH, FLORIDA SEALED BID N(~. 03/04-06 PROJECT NO. VARIOUS PROJECT TITLE: ANNUAL MlCROSURFAClNG CONTRACT Date: 'Z~)<~2. (~ (-~mpany Name) TO: Procurement Official City of West Palm Beach .West Palm Beach, Florida 33401 The undersigned, as Bidder, hereby declares that the only persons, company, or parties interested in this proposal or the Contract to be entered into, as principals, are named here~m;..and that this proposal is made without connection with any other person, company or parties making a bid or proposal; and that it is in all respects fair and in good faith without collusion or fraud. That the Bidder has carefully and to his full satisfaction examined the attached Invitation to Bid, including the scope of work, terms, technical specificatiOns, and form of contract and bonds, if applicable, together with the accompanying plans, and that he orshe has read all addenda issued prior to the opening of the bids; and that he has made a full examination of the location of the proposed work and hereby agrees to furnish, unless otherwise provided, all implements, machinery, equipment, transPortation, tools, materials, supplies,.labor'and other things necessary to the prosecution and completion of the work, to wit; ANNUAL MICROSURFAClNG CONTRACT In accordance with the Contract Documents pertaining thereto for estimated amount of:, ? _ _.~. o'~//~u,-~ { t J ' to the Contractor by the City of West Palm Beach, all in accordance with the requirements and provisions of the Contract Documents. If awarded the contract the undersigned agrees: 1) to commence to obtain a Performance Bond, Labor and Matedal Bond, and Certificate(s) of Insurance immediately after receiving a Notice of Contract, and 2) to submit same within ten (10) calendar days after Notice of Contract. PropOsal P-I BIDS SHALL INCLUDE ALL REQUIRED INFORMATION REGARDING THE CITY OF WEST PALM BEACH SMALL BUSINESS PROGRAM POLICY SET FORTH IN THE GENERAL TERMS AND CONDITIONS SECTION tHE BID DOCUMENTS. The undersigned understands that the contract time stads on date of Notice to Proceed. There is enclosed a bid guarantee consisting of five percent (5%) of bid price ($ / ~ Z~ Z. ~ ). .- The undersigned fudhermore agree that, in case of failure on his part to execute said contract and bond within ten (10) calendar days after being awarded the contract, the check, bond, or other security accompanying his bid and the money payable thereon, shall become the prope.rty of the City, by forfeit as agreed and liquidated damages; otherwise the check or bond accompanying this proposal shall be returned to the undersigned. The undersigned, if awarded the contract, agrees to furnish at time of signing of contract, a surety Or performance bond in the amount of one hundred percent (100%) of the contra'ct as set forth in the Special Terms and Conditions. The undersigned states that this proposal is the only proposal for this project in which he is interested. The undersigned further agrees to bear the full cost of maintaining all work until final acceptance. ,~' r 'ED: ~¢.C, ~ ,2003 BUSINESS ADDRESS: ZIP CODE ~ ~ ~ / STATE OF INCORPO~TION: ~ ~/~ FULL NAME AND ADDRESSES OF PERSONS OR PARTIES INTERESTED IN THE FOREGOING BID, AS PRINCIPALS: ~,. ~NDA NO(S). RECEIVED AND ATTACHED HERETO. ~roposal. P-2 ' RESPONSIBLE OFFICIAL: Signature -~ -'- Pdnt Name: ~,~(~:~,--Jr- t-Jr. t'~o~ Title: VF~3.~ t~e.~,-c~,_/- proposal P-3 SCHEDULE OF BIDITEMS CITY OF WEST'PALM BEACH_, FLORIDA PROJECT NO..~/ARIOUS SEALED BID NO. 03/04-06 PROJECT TITLE:ANNUAL MICROSURFACING CONTRACT -':" UNIT TOTAL NO. DESCRIPTION QUANTITY UNIT PRICE AMOUNT 1. Single Micro-Sudacing (1,000--4,099 SY) 4,500 8.¥. $_ 2. Double Micro-Surfacing (1000-4000 SY) 4,500 S.Y. 3. DOuble Micro-Surfacing cul-de-sac (1,0004,990) 2,200 S.¥. $-- ~,o_~ $ ~,~.?~o 4. Double Micro-Surfacing (5000-25,000 SY) 46,000 S.Y. $ Z, ~ $/O ~/~dr-O. 5. Double Micro-Surfacing (over 25,000 SY) ' 54,500 S.Y. $ ~-. 6. Rut Fill (under 250 Tons) 100 TN. $ 7. Crack sealing 5,200 Gallons $ /~.~-'-~ $ 8. 6" Solid white Thermoplastic striping 2,000 L.F.- $ 9. 6" Solid yellow Thermoplastic stdping 3,000 L.F. $. /. ~-----/ $. 10. 6"x6" double yellow Thermopla{tic striping 1,200 L.F. $ ,~. o.~_~ - 11. Miscellaneous Thermoplastic(white) 1,500 S~F.'- $ /, Retro-Reflective Pavement Markers (RPM's) 900 EA. $ ~,, '7._~ $ ~ 7~', TOTAL BID ITEMS (1 12) .. = ..... '7.5 NOTES: t~ 1. The wo~ items of ~is ~nt~t shall include blading/mmoving ~e grass back Eom existing pavement ~ges, maintaining traffiC and any other ~ems inciden~l to the ~mpletion of micr~u~g. 2. The C~ of West Palm Beach resewes ~e right to increase or d~r~se ~e t°~l quant~ as necessa~ to meet their actual n~ds. 3. All b~ items shall include pries for ~mishing to ~e C~, all ~r, material, ~uipmen~ suppli~, and all ~ i~ur~ to provide all work sh~n on the plans and sp~ons f~ ~e ~nual Micmsu~acing Contract. This shall 'include incidental ~sb such as, b~ not lim~ to, mobil~ation, traffic mainte~n~, su~wision, inspe~ions, se~cing, la~r, pe~it fees, ~xes, bonds, insurance, m~cellaneous ~sts, re~ d~ings, ~n~, evened and pro~ 4. The Con~ctor shall ~ awarded a ~a~ for ~elve (12) mon~s. At the ~ option of ~e C~, ~ ~ntmct may be rene~ f~ up to thr~ (3) additional ~lve (12) month pe~s. N~ P~t a~ Pedo~a~ ~ ~a ~ ~red for ~ch subs~uent renewal ~. Options to m~w wal on~ ~me eff~ u~n m~al w~en ~r~enL RenewN te~s and ~nd~s will ~ ~e same ~ ~e ba~ contm~ ex. pt ~at ~e ~ ~ will be subje~ to adjus~en~, up or d~, pumuant to the Consum~ P~ I~e~ The ~dex. to ~ us~ f~ ~ ~se will be ~e Highly & S~eet Con~cfion Index, ~ries ID: PCUBH~N) ~tego~ as ~bl~h~ by ~e U.S. De~dmentof ~bor. The ~ex at the time of advedis~ent of this pmj~t shall ~ ~e pmlimin~ Seamer 2003 Index Value A 136.9. T~ Con,ct sha~ ~mmen~ on the date ~en the ~n~ is ex~ut~ by ~e C~ of W~t Palm Bea~. P4 Bid Bond -5. This project is to bid as a unit price contract. The quantities Shown are esb'.'mated. Final quantities shall be field measured and accepted by the City prior to final payment. ' 6. All costs for Mobilization and Maintenance of Traffic (MOT) shall be considered incidental and shall be included in .unit pdces for each pay item. 7. The City may issue separate Purchase Orders for individual projects, as funding becomes available. 8. All bid items will include the cost of adhering to the City's inspection requirements as outlined in Section 01400, quality' Control. 9. Small Business participation for this project is 4%. 10. Liquidated damages are $100 per calendar day. 11. All items shall be furnished and installed by the Contractor. 12. The Contractor shall be responsible for all permitting fees. 13. Ail debds must be legally disposed of at a State of Florida licensed disposal Site in accordance with City, State, and Federal standards. 14. Award shall be based on "The best value to the City". The City reserves the dght to choose the alternates that best fit the City's needs and budget. Bid submitted by: Name of C°mpany: -~'1 o~"~'~o.. H ~'~ ~u~o~j Telephone: ~3~ - 53'~- 7~6/) S~te License Number: F~ ~;~~ C°un~ License Number: A~. ZZO Ci~ License Number:. J~O0~ ~00--~ Print Name: Date: END SCHEDULE OF BID ITEMS " P-5. Bid Bond BIDDER'S BOND AND R~ELATING POWER OF ATTORNEY AND SURETY CERTIFICATE KNOW ALL MEN BY THESE PRESENT, that we, Florida Highway Products, Inc. (hereinafter called the Principal), and Un~ted States Fire INsurance Company (hereinaftercalled the Surety), a Corporation chartered and existing under the laws of the State of_ _,,!e:-: York with its principal offices in the City of Hn,-ri~: t~pw .]Prsey and authorized to do business in the State of Florida, and the City of West Palm Beach and having an Agent resident therein, such Agent and Company acceptable to the City of West Palm Beach in the full and just sum of Five Percent of Amount Bid Dollars ($ 5% ) good and lawful moneyofthe United States of America, to be paid upon demand of the City of West Palm Beach, Florida, to which payment well and truly to be made we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally and firmly by these present, WHEREAS, the Principal is about to submit, or has submitted to the City of West Palm Beach, Florida a proposal for the construction of Project No. Various, entitled Annual Microsurfacinq Contract for said City; WHEREAS, the Principal desires to file this bond in accordance with law, in lieu of a certified bidder's check otherwise required to accompany this proposal. NOW THEREFORE, the conditions of this obligation are such that if the Proposal be accepted the Principal shall *within ten (10) calendar days after receipt of notification of the acceptance thereof, execute a contract in accordance with the Proposal and upon the terms, conditions and pn,'.ce.set forth therein, in the form and manner 'required by the City of West Palm BeaCh, Flodda, and execute a sufficient and satisfactory Surety or Performance ,d payable to the City of West Palm Beach, Ftodda, in an amOunt of one hundred percent (100%) of the total , . ,tract price, as indicated in the proposal, in form and with security satisfactory to the said City, then this obligation to .be void, otherwise to be and remain in full force and virtue in law; and the Surety shall upon failure of the Principal to comply with any or all of the foregoing requirements within the time specified above immediately pay to the aforesaid City upon demand the amount hereof in good and lawful money of the United States of America, not as a penalty but as liquidated damages. IN TESTIMONY THEREOF, the Principal and Surety have caused these present to be duly signed and sealed this day of December , 2003 . PRINCIPAL Florida Highway P~oducts, Inc. SURETY United States ATTORNEY-IN-FACT, G~aM o ~ 'r~~ FLORIDA COUNTERSIGNATURE Bryce ~.TGuign~ 19/~ Boothe Circle, Longwood, FL 32750, 407-834-0022 P-6 Bid Bond jr SS: STATE' OF NEW YORK '~l COUNTY OF NASSAU % ~ On this 3rd day of Dedember in the year 2003, before me pers.onally came Gary M0rrissey to me known, who being by me duly sworn, did deCo.se and say that he resides in Chestnut Ridge, NY, that he is the attorney-in-fact of.UNITED STATES FIRE INSURANCE COMPANY, the corCoration described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation, and that he signed his name thereto by like order. -- - NOTARY PUBI~ SCHISSEL NOTARY PUBLIC, State of New York No. 01SC6065816 Qualified in Queens County Commission Expires October 29, 20 ~ -:' NOTARY PUBLIC INDIVIDUAL - PRINCIPAL STATE OF ,~ SS: COUNTY OF On this __ day of , 20 , before me, the undersigned personally came and appeared , to me personally known and known to me lo be the individual described in and who executed the foregoing instrument and duly acknowledged to me that executed the same. NOTARY PUBLIC STAMP NOTARY PUBLIC CORPORATION - PRINCIPAL . STATE OF ~ \~*-',,3,.~.,e~ { SS: ,. COUNTY OF%---~- ,,V,._ On this q day of~"~.~.~...~, e.b~, 2(]F__~Z:~ before me cam~~--~'--~- ~,J~._~x. oxo._~- A to me known, who, being by me duly swc;rn, did depose and say that he resides at ~..~_~,~----1,.~L~_ ~F._.f.._ , ~ % FLORIDA HIGHWAY PRODUCTS, INC. the corporation described in and which ex~uted the foregoing instrument as principal; that he knows the seat of said corporation; that the seal affixed to said inst~ment is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation, and that he signed his name thereto by like order. ~,;2~,~,[;" ~ ~ng ~, ~. - "- " NOTARY PUBLIC PARTNERSHIP - PRINCIPAL STATE OF ~ SS: COUNTY OF On ~is ~ day of .20 , before me personally ~me to me personally known, and k~n to me to be a ~m~r of the firm of a~ he duly acknowlCg~ to .me ~at he ex~ut~ the same for the ~es and put.sas therein mentionS. NOTARY PUBLIC STAMP NOTARy PUBLIC ~ey, ~ ~de, co~mted ~ a~te~ ~ do~ by ~ p~ ~, co~m~ ~ a~t ~e~ L~ge~ ~n .~ssd, ~chard Gm~ G~ Mousey, ~d ~thony G. Bu0no, old.den Ci~, New Yor~ each i~ ~e ~d la~I Agar(s) ~d ARomey(s)-~-Fact, ~ ~1 Pow~ ~d au~ofi~ h~eby co~ ~ i~ ~e, place'~d stm~ to execute, s~l, ac~owledge ~d delve: ~y ~d all ~ ~d ~de~ngs ~d to brad ~e Coition ~eby ~ ~lly ~d to ~e ~e ext~t ~ ff tach bon~ ~d ~ dffiy executed ~d ac~owledged by ~e ~l~ly elect~ office~ of ~e ~omhon at i~ offices ~ Mo~s Tom.p. New J~y, in their om ~op~ pemons. ~s Pow~ of ARomey ~ ~e act of ~ose ~ed ~em to ~e ~n~ ~d, ~d~gs ~ffi~ly nam~ ~e~, ~d ~ey ~ve no au~ofiW to b&d ~e Co~y ex.pt ~ ~e ~ ~d to ~e extent ~e~ ~. ~is Pow~ of ARom~ revokes aH pre.om ~w~ issued ~ ~lf of ~ aRom~s)-~-faet ~ a~ve. ~ ~SS ~~F ~e Uni~ S~tes Fke hs~ce Co~y ~ ca~ ~ ~ to ~ ~ ~d aRe~ed by iB appro~ate offi~ ~d i~ eo~mte stol he~ affixed ~ 9m ~y of J~, 2~3. · ~.-f.~ :-:~ Assistant Secretary ~4".!'~-/ David Pesce .. ' Peter J. Daly "STATE OF JERS .Y) SS.-' COUNTY OF MORRIS ) -On this 9~ day of January, 2003, before the subscriber, a duly qualified Notary Public of the State of New Jersey, came the above-mentioned Vice President 'and Assistant Secretary of United States Fire Insm-anee Company, to me personally known to be the officers described in, and who executed the preceding instrument, and they acknowledged the execution of the same, and being by mc.duly sworn, deposed and said, .that they are the officers of said Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and the said Corporate Seal and their signatures as officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Company. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my seal at the Township of Morris, the day and year first above written. .<,'%-. "-" ;." -.. .'?, -¢ == ~:: ~-- : ~? ~ Catherine A Sincavage · ". -%.._ / Sotary Public of Sew -~. ,~ '-.- '-~ ~- .~- .a &-- My Co~i~sion ExPi~s July ~ UNITED STATES FIRE INSURANCE COMPANY NEW YORK,' I~EW :YORK STATEMENT AS OF DECEMBER 31, 2002 ASSETS LIABILITIES AND SURPLUS Bonds .............................. $1,383,038, I05 Losses and Lo.~s Adju.~tment Common Stocks .............. 169,751,228 Expenses ................... $1,518,981,962 Cash and Bank Taxes and Deposits ....................... (13,401,698) Expenses ................... 44,600,489 Short Term Unearned Investments ................... ' 98,294,607 Premiun'm .................. 229,642,799 Prcmium Balances Other L/abilities .......... (390,361,439) Receivable ..................... 140,666,194 Capital ......................... $4,5862.62 F_ziuirlcs and Deposits Paid in and in l~ols and Contribute4/ Associ~ons .................. 3,832,399 Sm'plus ...................... 274,329.699 Other Assem .................... 224,105,466 Other Surplus .............. 324,506,529 Surplus to Policyholders ............ 603A22~¢90 Total Admitted Assets $2,006,286,301 Total Liabilities ~d 'Surplus $2,006,286,301 Noms: Bond~ and Common Stock a~c valued in acconianc~ with thc basis ad~pt..xl by thc National '- Association of Insurance Comm/ssiOuc~s. Othcr I/abilities and other surplus includ~ $505.2 million f~nn thc company:~ retroactive reinsoraac¢ cessions STATE OF NEW JERSEY I SS COUNTY OF MORRIS DENNIS J. HAMaMER, Sen/or V'~e President & Conuoller and pleurisy, j. DALY, Sca/or Vic~ President of Unit~i $tar~ l~re Insurance Company be~.~g duly sworn, each for himself deposes and says that thcy a~ the above described officer8 of the said Company aad th~ o.n ;he 31" day of December. '2(X)2 the Company actually possessed the assets set fotlh in th~ foregoing statement and that ~uch asscts were available for thc payment of los,scs and claims and held for the ga~otection of its pol/cyholders and creditors,; ¢xccpt as here/nbefor~ indicatcd, and that the fowgoing statement is a cornet exhibit of such assets and liabiiiti~ of thc said Company on the 31' day of December. 2002 according to thc , C. atherirm A. $1ncaya,, NOTARY PUBUC OF NEW JERSEY MY COMMIS~;~ON EXPIRES JULY 12, 2004 ~lttllttlllltt%~,~x'~ ., CiTY OF WEST PALM BEACH, FLORIDA PROJECT No. Various Project Name: Annual Microsurfacinq Contract SCHEDULE OF SUBCONTRACTORS The following is a complete list of all sub-cont~, cto?s utilized for this project:. Dollar amount of subcontract work (company name) ~ype Of'~ork~/ (address) (tel. #) City (circle (zip COde) (federal LD. #) (company name) (~ of wo~) c~e} (f~eml I.D. 3. (~mpany name) (~ of Work) (address) 0el. Ci~ Ce~fied? ~e) Yes t No (zip ~de) (~d~l I.D. 4. $ (company name) (type of work) (address) (tel. ~ City Certified? (cirde one) Yes t No (zip COde) (federal I.D. #) $. $ (company name) ' . (type of work) (address) (tel. #) City Certified? (circle one) Yes ~ No (zip code) (federal I.D, #) Total dollar amount to be awarded to sub-contractors (this page) $ Schedule of SubcontracWrs P-7 PROJE(~T No. Various ,_ SCHEDULE OF suBCONTRACTORS (continued if necessary) 6. (company name) (type of work) (address) (tel. #) ,~' City Certified? (circle one) Yes ~ No (zip code) (federal I.D. #) 7. $ (company name) (type of work) (address) ' (tel. #) City Certified? (dr(de one) Yes \ No (zip code) (federal I.D. #) 8. $ (company name) (type of work) (address) itel. #) '"" City Certified? (circle one) Yes \ No (zip code) ' (federal I.D. #) 9. $ (company name) (type of work) (address) (tel. #) City Certified? (circle one) Yes ~ No (zip code) (federal I.D. #) Total dollar amount to be awarded to Sub-contractors $ Signature of Responsible Official ~"~~ ~"~/ '~ /- Note: The above schedule of sub-contractors will become a part of the Contract documents. Changes made to the above schedule of subcontractors after the contract has been awarded and duly executed must be submitted in writing to the Public Utilities Department, Engineering Services Division for approval prior to that sub--contractor performing the work. Schedule of Subcontractors P-8 Small Business Division 200 2"a Street, 5th Floor West Palm Beach, FL 33401 Tel. (561) 659-8029 .Fax (561) 653-2698 Small Business Program Statement of Subcontractors Participation Instructions: List all the Small Businesses that will participate on this project/contract. O. nly Ci.W certified Small Businesses can be used to meet the goals established for this project/contract. Submit this form with your bid/proposaL SECTION I. General Information Bidder or Proposer's Name: V gov-~da_ [-J~-~o~ P~"c~(:[t.~c--]cS, ereparer's Name: ~o~ [4-. t"/Qa4~o~ Title: V~l-ca~ Project Name: Annual Microsurfacing Contract Project Number: Various Sealed Bid or RFQ Number: 03/04-06 SB Goal (if established) Total Base Bid: $ 34_5~ Z4~ °'~ Total Bid (base bid and altemative, if applicable): $ SECTION II. Small Business Participation The firm , listed below have al )ate on this 'ect or contract. ........ 7-~-! .- ................. r ...... r ..... r ........... l---d ..... ~ $ ' % '% 3. $ % % 4. $ % -' % 5. $ % % 6. $ % % 7. $ % % 8. $ % % 9. $ % % 10. $ % % .'-~.-"~-..,~.--:,:~: ;~,;:' ~-~2-~-: .... ~-;~} '~-.-;-~?.', '-;:::'-".~':~:s~.:~:::~.:--'~...~ ~-~ -~.t-i.,.,-...,~.~ . ,,~; - '--':',~.:2. '-~- - - ' ~.~--:'::-i~.~.-'-~-~.~'.~-: :;~x-.~t :,:: ,..-~,; ~-~. ~:AC--~.- %-~_~;~I. '¢?'~-' .... ' ~, '- '-Iq' ::¢ ~.~-.. . .-*.?..r:~*}.'~ -,~.~.~ ..... ,. .... ............ . ..... 4:. /4s Preparer's Signature: ~ Z~- ~ ! ~ Date: / Form SB 04 Oct00 P-9 Statement of Subcontractor Participation " Small Business Division 200 2~ Street, 5a Floor West Palm Beach, FL 33401 Tel. (561) 659-8029 ' Fax (561) 653-2698 Small Business Program ~-- Subcontractor's 'List ocll ~, v.~a_- tt-~ r~ k,.,a a_~_f 03/04-06 Annual Microsurfacing Contract The Municipal Code requires the Small Business Division to compile and maintain information on all subcontractors that submits bids for City projects. Please fill out. this form with the required information. List ALL subcontractors that submitted a bid/quote/proposal to you for this project, including those identified on the Contractor's Statement of Subcontractors Participation. State NONE, if none where sought/received. Submit this form and with your bid. Omission ef this form is cause for rejection of your bid/proposa! 3) 4) $) 7) 9) Form SB 05 Oct00 P-10 ' List of Subcontractors Small Business Division .. 200 2~..~ Street, 5th Floor ' West Palm Beach, FL 3~401 Tel. (561) 659-8029 Fax (561) 653-2698 Small Business Program Letter of Intent Instructions: The bidder/proposer will complete Section I. The Small Business subcontractor will complete Sections II and III. It is the responsibility of the bidder/proposer to verify that the uni]ersigned is a City Certified Small Business. Only City Certified Small Businesses can be used to meet the goals established for this project/contract. This completed form will be required before contract award. SECTION L General Information Project Name: Annual Microsurfacinl~ Coniract Sealed Bid or RFQ Number: 03/04-06 Project Number: Various SECTION H. Small Business Participation The undersigned in~nds to perform the following work pertaining_tO _the above p_roj_ect: SECTION III. Informati°n on the Small Business Small Business Name: ~-C~' //9///T-&WZ_~ / . Form SB 07 OctO0 P-11 Letter of]ntent SMALL BUSINESS OFFICE GOOD FAITH EFFORTS Submit this form ON[,¥ when you do act meet the goals established for this bid, either completely or partially. S¢c thc form £or instructions. This £orm is not included with thc scaled bid package. You can obtain copies of this form by calling 561-659-8029. SB P-12' Good Faith Effort .,- . ?: ~.~-~ ;,;~ .. _ JT' CITY OF: WEST ~ALM BEACH: FLORIDA PROJECT ~O. Yario~$ SEALED BIB NO. 03104~)6 PROJECT: Annual MiCrosurfacin.q Contract SUBSTITUTIO'I~ SHEET DESCRIPTION OR MAKE PROPOSED ADD DEDUCT BID ITEM NO. SPECIFIED SUBSTITU:TION //~//~ $ $ $ $. $ $ $ $. P-13 Substitution Sheet CITY OF WEST PALM BEACH PROJECT NO.: Various SEALED BID NO. 03104-06 PROJECT: Annual Microsurfacin.q Contract CONTRACTOR VERIF~ICATION FORM THE FOLLOWING IS TO COMPLETED BY PRIME BIDDER: Name of Firm: Corporate Title: ~i'c_~ Address: ~, 4:~, '[:~ oX_ (Zip Code) By: (Pdnt name) (Print title) (Authorized Signtature) Telephone: (.~63) ~'~- 7~5 / 'Fax: (~'~) ~.5'~- State License # ~'-DOT~ ~e~-~-' '~ o~~[~o~(A~ACH COPY) Coun~ License ~ ~Z~ - ~o oD ~ ~ ~Qol~ ~.) (A~ACH COPY) C~ License: (ATTACH COPY OF CI~ CONSTRUCTION SERVICES APPLICATION FOR OCCUPATIONAL LICENSE OR OFFICIAL RECEIPT FOR REGIST~TION) Type 0f License: ~nlimited (ye~ P- 14 ~ Conlractor Verification CITY OF WEST. PALM BEACH, FLORIDA SEALED BID NO. 03104-06 ~ PROJECT NO. Various PROJECT: Annual Microsurfa~cinfl Contract LIST OF REFERENCES OWNER'S NAME PROJECT '~ CONTACT TELEPHONE & ADDRESS PERSON NUMBER ! / P- 15 List of References NONCOLLUSION AFFIDAVIT OF PRIME BIDDER County of ~o[ ~-_ } - ~:~/"J~-~'J- ['-[' ~~~ , being first duly sworn, disposes and says that: (Name/s) ": 1. They are ~'~ ~ F~ of ~1 o~T~ ~~ ~~, ~- the Bidder that ~itle) (Name of Company) has submi~ed the affached bid; 2. He is fully informed respecting the preparation and contents of the a~ached bid and of all peAinent circumstances respecting such Bid; 3. Such Bid is genuine and is not a collusive or sham Bid; 4. Neither the said Bidder nor any of its officem, padners, owners, agents, representatives, employees or padies in interest, including th~ affiant, has in any way ~lluded, conspired, connived or agm~, directly or indirectly with any o~er bidder, fi~ or pemon to subm~ a collusive'or sham Bid in connexion with the contract for which the a~ached bid has been submiffed or to refrain from bidding in conne~on with such Contract or haS in any manner, directly or indirectly, sought by~g[eement or collusion or communication or conference w~h any other Bidder, firm or pemon to fix ~e price or pdces in the affached Bid or of any o~er Bidder, or to secure ~rough any collusion, conspiracy, connivance or unla~ul agreement any advantage against the Ci~ of West Palm Beach or any person intemst~ in the proposed Contm~; and 5. The pdce or prices quoted in the aEached Bid are fair a~ proper and are not tainted by any ~ltusion, conspiracy, connivan~ or unla~l agreement on the pad of the Bidder or any of ~s agents, representatives, ownem, employees, or paAies in interest, including this affiant. (Signed) ~ ~ ~/ ~ STATE OF FLORIDA } COUN~ OF PALM B~CH } SS: T.he foregoing instrument was aC~owledged ~fore me this ~q ~,-.~.. ~ C~ ~ ~ C.~C..'~ b~ ~ , (Date) A;:~ .z A q~ . ~.~%c~ who is personally known to me or who has produced as identifi~fion and who did (did not) take an oath. CITY OF WEST PALM BEACH DRUG FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that (Name of Business) 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use ora controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violation of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business' policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and em. ployee 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 employees 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 contendbe to any violation of Chapter 1893, 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. Date ' P- 17 Drag Free Workplace CITy OF WEST PALM BEACH :- FLORIDA TRENCH SAFETY COMPLIANCE Bidder acknowledges that included in the various items o.f~theproposal and in the Total Bid Price are costs for complying with the Florida Trench Safety Act (90-96), Laws of FI., effective October 1, 1990. The bidder further identifies the costs to be summarized below: Trench Safety Units of Unit .Ur~it Extended Measure Measure Quantity Cost Cost {Description} {LF,SY} B. E. FAILURE TO COMPLETE THE ABOVE MAY RESULT IN THE BII~' BEING DECLARED NON- RESPONSIVE. "P-18 Trench Safety Florida Department of Transportation j£~ I~usll 605 Suwonnee Street GOX'~:RXt), Tallahassee, FL 323.99-0450 .:XU2 . ::' - , '" P. O. Box i~."-, B~rtow, FL - '. Gentlemen: and the type o~ .-~..,~k ~ndicated ~elow. 0nles.~ your company ~s otherwise, this ~'.-}L Lng will expire Sep[ember'3{7, 2004. Please 5ake ~o% = ~.~ th.a5 to ensure contlnu[~v in your cer[ificaEio~ [hirty {~0 %~v~:. m:~s~c Le allowed for the p~_.~essin.~ of your for quaiifi~a~ t2. In accordance with S.337.14 (1) F.S. your next application must ~ filed within (4) monks of the ending date of the applicant's audlted annual financial statements and, if applic~le, the audited interim financial or the struqrur:~ ~ ',:c2r firm as descrized ~ Secuion i4-22.005~2~, A~inisYra%iTM =-' ~3.XiMU~ CAPAC~7'~ RAT[[+S: $28, 850,000.00 WORK CLASS~n .... ......... -..~c-'-. ~. Br!dGe~ x-~ [ch include Bascule Spans ............................... __ b Bz ~ ~.-':~'~ ..... ~' : .... .~ .......... nclude Curved q .... r;:_:ders . '-'.' - - . : : : :..: '.-zi' ~. .i~.:lt': .-.' ~ -:'.:i[. ~ : · ' :. :. .: , _ - '--1--3:~:'=~;:,,3X.:':]t" .... " :- -': . : "- ~;:.'.UF;~::- . : :'.' :, t Florida Highway Products, Inc. August 18, 2003 Page Two SPECIALTY CLASSES OR NOPE: Asphalt Microsur_~ ac i nq Please be advised ~:!-.-: [~e::a:'lmen~ of Trans~o:-ta~ion has considered vc'~: company's quaiifJ,w:~:_o:~ ::: all work classes requested. We have eva~uz: : your company' s or?~.~::a- c.n, management, wQ[k .~-- ~-' ~.-.p~[~ence, work perle:'" :- and adequacy of e3-:J:-::-:.?~:-- as directed by section ~q-22.003, ~lor.id-:} You may appJy', i;: w:':-.:.::, ~or a Reviser] Cer~-~:'i..:aLe of Qualifica~%'. .:' : time prior to l:k,:..: :~'::'.~-.t¢;n date of this ,:erLificace according Eo ~:-:-': 14-22.0041(3;, F'},): -~-~ ?=-:7, JnisErative Code. P~.ease be advised needed ~o show ~',,=--.. v,::,u:. .uom~an~ has done such v¢ork with your own ~ ~:: :-: :: ; equipment or that e:-::%-e:':.e:.2e was gained wi. ch.-another contractor and :: ;:- .' _ have the necessar~ ...... i~m=nt for each additional ciass of work reoue.~--. : :_ Also, refer to ti}e n-JLa at the bottom of Page 16 of the Application Qualification whe:: ~up[;!ying additional Lnforma(ion. Sincerely yours, Juanita Moore, Manager Contracts Administration Office JN:vas 12/89 [SEE NOYES · ,~ > NOTICE OF ADIVIINISTRATIVE HEARING RIGI:tTS You may request an administrative hearing pursuant-to Sections 120.569 and 120.57, Florida Statutes. If you disagree wiih the facts stated in the ~foreguing Notice oir Intended Department Action (hereinafter Notice), you may request a formal adm~ve heating pui~tiant to Section 120.57(1),~Fiorida Statutes. If you agree with the facts stated in the Notice, you may request an informal administrative hearing pursuant to Section 120.57(2), Florida Statutes. You must send the wh.tten request to: Clerk of Agency Proceedings Depmunent of Transportation Haydon Bums Building 605 Suwarmee Stt'~et, MS 58 Tallahassee, Florida 32399-0458 The written request for an administrative hearing must conform to the requirements of either Rule 106.201 (2) or Rule 28-106.301 (2), Florida Administrative Code, and mt/st be .received by the Clerk of Agency Proceedings by 5:00 P..M., no later than 10 days after you received the Notice. The written request for an adminislamtive hearing should include a copy of the Notice, and must. be legible, on 8 ¼ by 1 1 inch white paper, and contain: 1. Your name, address, telephone number, an))Department identifying number on the Notice, if known, and name, address, and telephone number of your representative, ffany; 2. An explanation of how yottr substantial ifiterests will be affected by the action described the Notice; 3. A statement of when and how you received the Notice; 4. A statement of all disputed issues of material fact. If there are none, you must so indicate; 5. A concise statement of the ultimate fac~ alleged, as well as the rules and statutes which entitle you to relier and 6. A demand for relief. A fomal hearing will be held if there are disputed issues of material fact Ifa fomal hearing is held, this matter will be referred to the Division of Administrative Hearings, where you may present witnesses and evidence and cross examine other witnesses before an administrative law judge. If there are no dispmed issues of material fact, an informal he~aring will be held, in which case you will have t_he right to provide the Department with any written documentation or legal arguments which you wish the Department to consider_ Mediation, pursuant to Section 120.573: Florida Statutes, may be available if agreed to by all parties, and on such terms as may be agreed upon by all parties. The right to an administrative hearing is not affected when mediation does not result in a settlement. Ifa written requext for an administrative hearing is not timety received you witl have waived your right to have the intended action reviewed purs'uanr~to ChApter 120, Florida Statutes, and the action set forth in the Notice shall be conclusive and final. Any applicant for a certificate of quaiifization who is aggrieved by the action of the Depar'tment ma3', within 10 days after.receiving notification of such action, request a hearing pursuant to Chapter 1 20 Fiorida Statutes (337.t4(6) F.S.). " 1790034400-8 PAVING/G~ING CO~R · F~RIDA HI--AY PRODU~S ~NC REGIS~TION 3900 US ~ 17 N L~E~{ NO. CAT~GORY DESCRIPTION F~ EXPIRES SEPTEMBER 2004 CHANGES PENALTIES TOTAL..., THIS DOCUMENT NOT VALID I :S~;'~i'~l~;3'h~i-'~l~ 35~r'1-~1~ UPI~A ~iV-3O;~-Id SP, OflOld~3NOO V NI;1sOd aNY A N~O-FJ8 H0¥130 3S¥3-1d :SNOIIOdUISNI AVQli:I=! - AYONOiAI -- INd 00:9 - IAIV 00:g SI:IFtOH / 9E0g-699 (L9S) X¥=I HO 00Z9-G09 (t99) 'l"lVO NOI±VINt:IO=INI ElOJ -XIOJO3u{s - ~eI 'X]unoD 'X~tD 3o suo~IOZ~ ut~Ioo uodn p~oAa~ ~o popuodsns 9q X~m osfl ~o aq~ p~J aseald '~olaq u~oqs s~mnu eq{ )e xe~ Jo auoqdeiei Aq sn {oeluoo ol alel{saq lou op asea . e3uels!sse ~o aq ue3 a~ 11 'qoea~ ruled lsa~ ~o RUO aql 1o ql~o~6 panu~luo3 aql u! uoiied~3i~ed alei3eJdde I 'Jeer ssau!snq ~OOE-gOOE eql Jol asr 1o aie3Ul~aO / asuaoiq leuo!ledn3oo ]noA s~ s~ql Small Business DiviSion 200 2~q-Street, 5* Floor West Palm Beach, FL 33401 Tel. (561) 659-8029 Fax (561) 65~-2698 Small Business Program Letter of Intent Instructions: The bidder/proposer will complete Section I. The Small.Business subcontractor will complete Sections 1I and III. It is the responsibility of the bidder/proposer to verify that the undersigned is a City Certified Small Business. Only City Certified Small Businesses can be used to meet the goals established for this project/contract. This completed form will be required before contract award. SECTION I. General Information Bidder or Proposer's Name: ~-~e. v'-i'~c[o~ 1L4FT~}~- c~ o~ Project Name: Annual Microsurfaeing Contract Sealed Bid or RFQ Number: 03/04-06 Project Number: Various SECTION II. Small Business ParticiPation The undersigned intends to perform the following wo[k ~ertaining to the above project: $ SECTION III. Information on the Small Business Form SB 07 OctO0 P-I 1 Letter oflntent Vt.-CONSENT AGENDA I'TEM B.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 [] April 6, 2004 March 15, 2004 (Noon.) [] June 1, 2004 May 17, 2004 (Noon) [] April 20, 2004 April 5, 2004 (Noon) [] June 15, 2004 May 31, 2004 (Noon) [] May 4, 2004 April 19, 2004 (Noon) [] July 6, 2004 June 14, 2004 (Noon) [] May 18, 2004 May 3, 2004 (Noon) [] July 20, 2004 July 5, 2004 (Noon) [] Administrative [] Legal ~__< NATURE OF [] Announcement [] New Business &_. :,~_< AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing zl: ~ :z: [] Code compliance/Legal Settlements [] Un£mished Business RECOMMENDATION: Motion to award the "PAINTING OF VARIOUS BUILDINGS AND PLAYGROUI'~ STRUCTURES", Bid # 054-2511-04/JA, to EAGLE PAINTING, of Sunrise Florida, in the amount of $13~040.00. EXPLANATION: On April 27, 2004, Procurement Services received and opened eight (8) bids. The proposals have been reviewed and it was determined that EAGLE PAINTING of Sunrise, Florida was the lowest most responsive bidder who met all specifications. Richard Feige (Facilities Management Supervisor) concurs with this recommendation, (see attached memo #04-093). PROGRAM IMPACT: The purpose of this bid was to seek a contractor for the prepping and painting of the various City buildings and playground structures within the City Of Boynton Beach, Florida. FISCAL IMPACT: BUDGET ACCOUNT # DEPARTMENT EXPENDITURE 302-4106-580-49.17 ART CENTER $1,400.00 302-4205-580-49.17 CIVIC CENTER $3,140.00 302-4118-580-49.17 FIRE STATION # 3 $3,930.00 302-4209-580-49.17 MADSEN CENTER $ 840.00 302-4111-580-49.17 SENIOR CENTER $1,000.00 302-4299-580-49.17 KID'S KINGDOM $ 2~730.00 TOTAL AM UNT $13,040.00 Deputy Director of Financial Services City Manag~}4s Signature Procurement Services Department Name City Attorney / Finance / Human Resources S:~BULLETIN~ORMS~AGENDA ITEM REQUEST FORM.DOC C: Richard A. Fiege - Facilities Management Supervisor Jeffi'ey Livergood - P.E, - Public Works Director Christine Roberts - Assistant Public Works Director File RECEIVED MAY 0 7 200 DEPARTMENT OF PUBLIC WORKS PROCUREMENTSERVI Memorandum No. 04-093 TO: Bill Atkins, Deputy Director of Finance Procurement Services THRU Jeffrey Livergood, P.E., Public Works Director_ii~c/ Christine Roberts, Assistant Public Works Director ~ FROM: Richard A. Fiege, Facilities Management Supervisor - DATE: May 5, 2004 SUB]ECl-: PAINTING OF THE VARIOUS c~r"l-Y BUILDINGS AND PLAYGROUND STRUCTURES Bid #054-2511-04/]A T have reviewed the bids submitted and it is my recommendation that the Iow bidder, Eagle Painting, 10062 NW 50 Street, Sunrise, FL 3335:[ be awarded the bid for their quoted price of $13,040.00. Funding for this bid is as follows: Project # Account # Location Budgeted Cost CPO407 302-41:[06-580-49.17 Art Center 3,000 1,400 CPO407 302-4205-580-49.17 Civic Center 3,500 3,140 CPO407 302-4118-580-49.17 Fire Station #3 16,000 3,930 CPO407 302-4209-580-49.17 Madsen Center 2,700 840 CPO407 302-4111-580-49.17 Senior Center 6f000 1~000 CPO424 302-4299-580-49.17 Kid's Kingdom 12f000 2,730 Total Amount 13, 040 Should you need additional information in order to process this bid award, please contact me at Ext. 6020. RAF:jam Copy: PW File S:\PW\Correspondence\2004 Memos - lnterdepartment & Interoffice\04-093 Procurement - Eagle Painting Bid Award.doc VI.-CONSENT AGENDA ITEM B.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 City Clerk's Office Meeting Dates in to City CIerk's Office [] April 6, 2004 March 15, 2004 (Noon.) [] June 1, 2004 May 17, 2004 (Noon) [] April 20, 2004 April 5, 2004 (Noon) [] June 15, 2004 May 31, 2004 (Noon) [] May4, 2004 April 19, 2004 (Noon) [] July 6, 2004 June 14, 2004 (Noon) [] May 18, 2004 May 3, 2004 (Noon) [] July20, 2004 July 5, 2004 (Noon) [] Administrative [] Legal NATURE OF [] Announcement [] New Business c~ c-~--~ AGENDA ITEM [] City Manager's Report [] Presentation ~ -< c:~ [] Consent Agenda [] Public Hearing -< [] Code compliance/Legal Settlements [] Unfinished Business a:- ~_< RECOMMENDATION: A Motion to multi-award the "ANNUAL BID FOR SAFETY CLOTHI'~G EQUIPMENT", Bid # 046-1412-04/JA, on an overall basis to the lowest, most responsive, responsible I~l~er~l~ meets all specifications with an estimated annual expenditure of: $50~000.00. CONTRACT PERIOD: June 1, 2004 to May 31, 2005. EXPLANATION: On April 14, 2004, Procurement Services received and opened fifteen (15) bids. There were several vendors, who did not type their proposals, therefore they are considered unresponsive. It is recommended to award this bid to multi vendors as overall "Low Bidders". The evaluating factors used in determining the award were based on: price, availability and delivery time. In addition to proposing the lowest prices, a catalog discount was offered from several companies for overall discount pricing. Dominic De Mauro (Warehouse Manager) concurs with this recommendation per memo attached). The provisions of this bid award will allow for a one (1) year extension at the same terms, conditions, and prices subject to vendor acceptance, satisfactory performance and determination that the renewal is in the best interest of the City. PROGRAM IMPACT: The purpose of this bid is to establish a source of supply for the purchase of safety clothing and equipment. Safety clothing and equipment will be ordered on an "AS NEEDED BASIS" and stocked within the City's Warehouse for the use of various departments within the City. FISCAL IMPACT: BUDGET ACCOUNT NO. ESTIMATED ANNUAL WAREHOUSE EXPENDITURE ~I~~~~~~-502-0000-141'01'00 Deputy Director of Financial Services City Manager's Signature Procurement Services Department Name City Attorney / Finance / Human Resources S:LBULLET1N'~FORMSL~GENDA ITEM REQUEST FORM.DOC C:Dominic De Mauro - Warehouse Manager File The City of Boynton Beach Finance Department WAREHOUSE DIVISION TO: Bill Akins Deputy, Finance Director FROM: Dominic DeMauro, Warehouse Manager DATE: May 10, 2004 SUBJECT: Safety Clothing & Equipment Bid I reviewed the tabulation sheet sent from your office. The evaluating factor used was price, availability, delivery time and warehouse processing time. My recommendation is a multi axvard to low vendors. If you have any question please call me at 6324. Item 1 General boots Ritz Safety Item 2 Leather bunker boats Ritz Safety Item 3 Hearing protection Central Public Safety Item 4 Ear muffs Central Public Safety Item 5 Clear anti-fog Ritz Safety Item 6 Gray anti- fog Ritz Safety Item 7 Amber anti-fog Ritz Safety Item 8 Clear anti-fog Aaron Industrial Item 9 Gray anti fog Aaron Industrial Item 10 Black eye cords Ritz Safety Item 11 Clear anti fog goggles Ritz Safety Item 12 Amber anti fog goggles Ritz Safety Item 13 Long cuff gloves Manhattan Supply Item 14 Knit gloves Ritz Safety Item 15 Gray nitric gloves Ritz Safety Item 16 Black mechanics glove Grainger Item 17 Disposable gloves Manhattan Supply Page two Item 18 Fire wall gloves Ritz Safety Item 19 Deluxe Infectious kit Ritz Safety Item 20 Defend response kit Pro-Am Safety Item 21 Hard hats Central Public Safety Item 22 Rain suits Pro-Am safety Item 23 Raincoats Pro-Am safety Item 24 First aid kit Ritz Safety Item 25 First aid refill Ritz Safety Item 26 CPR mouthpiece Pro-Am Safety Item 27 Micro shield key chain Ritz Safety Item 28 First responder Pro-Am Safety Item 29 Lime green safety vest Grainger Item 30 Orange safety vest Grainger Item 31 Orange safety vest Pro-Am Safety Item 32 Traffic cones Ritz Safety Item 33 Crime scene tape Ritz Safety Item 34 Caution Tape Grainger Item 35 Do not enter tape Grainger Item 36 Do not Cross Ritz Item 37 Safety Flares Pro-Am Safety Item 38 Gas Cans Manhattan Supply Item 39 Standard Back Belts Ritz Safety Item 40 Back Belt with straps Ritz Safety Item 41 Gatorade Manhattan Supply Item 42 Oil absorbent booms Ritz Safety Item 43 Traffic cones Industrial Supplies The following venders are offering discounts for items not listed on the bid. Grainger 10% Manhattan Supply 20% Ritz Safety 30% SAFETY CLOTHING & EQUIPMENT PROPOSAL PAGES UNIT ITEM# COMMODITY# ITEM DESCRIPTION AWARDED VENDOR PRICE General Purpose Boots 1 200-006-00001-6 Steel Toe RITZSAFETY $7.32 2 200-006-00012-25 14" Leather Bunker Boots RITZ SAFETY $172.75 3 200-003-00001 Hearin~ Protection (ear plu~s) CENTRAL PUBLIC SAFETY 17.05/200 4 200-003-00002 Ear Muffs CENTRAL PUBLIC SAFETY $4.75 5 200-003-00003 Clear Anti-Fo~ Safety Glasses (Genesis) RITZ SAFETY $4.47 6 200-003-00004 Gray Anti-Foci Safety Glasses (Genesis) RITZ SAFETY $5.13 7 200-003-00005 Amber Anti-Fo~ Safety Glasses (Genesis) RITZ SAFETY $5.13 8 200-003-00006 Clear Anti-Fog Safety Glasses AARON INDUSTRIAL $3.55 (over the ~llasses~ 9 200-003-00007 Gray Anti-Fog Safety Glasses AARON INDUSTRIAL .$4.52 (over the cjlasses) 10 200-003-00008 Black eye cords for Safety Glasses RITZ SAFETY $1.14 11 200-003-00009 Clear Anti-Fo~l Go~l~les RITZ SAFETY $0.69 12 200-003-00012 Amber Anti-Fo~l Go~les RITZ SAFETY $0.74 13 200-027-00001 Lon~ Cuff Leather Work Gloves MANHATTAN SUPPLY $0.51 14 200-027-00003 Knit Wrist Cotton Gloves W/~lrip RITZ SAFETY $3.11 15 200-027-00004 Gray Nitrile Ultra Tech Gloves RITZ SAFETY $11.05 16 200-027-00002,5,7 ! Black Mechanic's Glove GRAINGER $7.34 17 200-027-00006 Disposable Gloves MANHATTAN SUPPLY $2.39 18 200-027-00009-13 Shelby Fire Wall Gloves RITZ SAFETY $34.95 19 200-041-00136 Deluxe Infectious Disease Kit RITZ SAFETY $8.89 20 200-041-00183 Defend Response Kit PRO-AM SAFETY, INC. $16.38 21 200-045-00001-2 Hard Hats tfull brim) White, Yellow CENTRAL PUBLIC SAFETY $6.46 9.87-M,XL 22 200-045-00003-6 Rainsuits-Oran~le PRO-AM SAFETY, INC. 10.36-XXL 7.79-M,XL 23 200-045-00008-11 Raincoats-Orange PRO-AM SAFETY, INC. 8.18-XXL 24 200-041-00144 First Aid Kit RITZ SAFETY $9.71 25 200-041-00145 First Aid Kit Refill RITZ SAFETY $8.13 26 200-041-00147 CPR Mouthpiece (Waterproof) PRO-AM SAFETY, INC. $4.94 27 200-041-00148 Microshield Ke¥chain RITZ SAFETY $6.46 28 200-041-00194 First Responder Kit PRO-AM SAFETY, INC. $22.94 29 200-045-00013 Lime Green Safety Vest with GRAINGER $3.92 Reflective Strip 30 200-045-00014 Orange Safety Vest with GRAINGER $3.68 Reflective Strip 31 200-045-000~6 Oran~le Obse~er Safety Vest PRO-AM SAFETY, INC. $3.03 32 200-008-00001 Traffic Cones RITZ SAFETY $3.05 33 200-009-00001 "Crime Scene" Caution Tape RITZ SAFETY $4.10 34 200-009-00002 Caution Tape GRAINGER $3.71 35 200-009-00003 "Do Not Enter" Caution Tape GRAINGER $3.57 36 200-009-00010 "Fire-Do Not Cross" Caution Tape RITZ SAFETY $4.10 37 200-008-00007 Safety Flares PRO-AM SAFETY, INC. $45.43 MANHATTAN SUPPLY 1 GALLON $19.30 2 GALLON $20.83 38 200-008-00008-10 Gas cans w/Spout 5 GALLON $24.73 SAFETY CLOTHING & EQUIPMENT PROPOSAL PAGES UNIT ITEM# COMMODITY # ITEM DESCRIPTION AWARDED VENDOR PRICE 39 200-009-00004-5 Standard back support belt RITZ SAFETY $17.90 40 200-009-00006-8 Backbelt w/shoulder straps RITZ SAFETY $6.90 and reflective strips 41 200-018-00006,7, Gatorade - 2.5 pouches; Flavors- MANHATTAN SUPPLY $2.55 9,11 Oranc, le,Grape,Lemon-lime,& Fruit Punch 42 200-009-00009 Oil Absorbent Spill Booms RITZ SAFETY $48.43 43 200-008-00002 36" DOT Traffic Cones INDUSTRIAL SUPPLIES $13.89 'ONI ',~J..l. 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SnQNI N0~1¥¥ o ,< ~ sSOaN~A Z 0 ,_1 Lu 0 LL o UJ 0 ~_ "-",~ = ,,:,,,,,,,,-,o.,.,-o':"'". .-'"' ,,*,"":"':"¢~,~,,-,,,,-,,,,,,,,,,,,,,,=.,.,.,,:o. . . . _~¢.,J'~,~o,, >- oooo~,,',,.,:, ,-":, ~~~zO~OOOOOOO {~ ~- ~ ~ ,4 m zzzz'~ '~ ¢' '~ '- zzzzzzz ,,, z ~ ~ ~ ~;o=~;,~O~z Oz z°;;°z°z~z°~;°°°°~°~°°z z=z zz z o~S~-,:,, ,,, o o ,,, -~ ~ ~ .~ o~g~g~ >. - -- ~ OzzOm~F~oo o o~oo:oooooooo~ ~ =~ ~ =~ ~o ~ , zz z z zzzzzzzzzz o, : ~ .~-~'~ ~ .~ _1 zz"7 F-- ::::) - ~ E ~ t ,,~ r./) -- -- -- LU [2.. ~ VI.-CONSENT AGENDA ITEM B.6 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested Cie,,' 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 [] April 6, 2004 March 15, 2004 (Noon.) [] June 1, 2004 May 17, 2004 (Noon) [] April 20, 2004 April 5, 2004 (Noon) [] June 15, 2004 May 31, 2004 (Noon) [] May 4, 2004 April 19, 2004 (Noon) [] July 6, 2004 June 14, 2004 (Noon) [] May 18, 2004 May 3, 2004 (Noon) [] July 20, 2004 July 5, 2004 (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 the "piggy-back" of the SCHOOL DISTRICT OF PALM BEACH COUNTY, BID #00C-010J to SOUTH FLOR/DA TRANE SERVICE for the REPLACEMENT OF THE MAIN AIR CONDITIONING UNIT AT THE WEST WATER TREATMENT PLANT at a cost of $31,600.00. EXPLANATION: Procurement Services received a request from Utilities Department to "piggy-back" the School District of Palm Beach County, Bid #00C-010J for replacing the air conditioning unit at the West Water Treatment Plant. This air conditioning unit is eleven (11) years old and is no longer reliable. The unit requires frequent repairs, and the coils are disintegrating and will need to be replaced. To replace the coils will cost approximately 70% of what it would cost for replacing the unit. Procurement Services requests Commission's review, evaluation and approval. PROGRAM IMPACT: FISCAL IMPACT: Fund are allocated in the 2003/2004 Renewal and Replacement account as follows: Account Description Account Number Budeet Renewal & Replacement/Water 401-5000-590-96-02 $ 37,000.00 (Project #WTR017) ALTERNATIVES: Continue to provide high maintenance to this air conditioning unit. Deputy Director of Financial Services City Manager's Signature Procurement Services Department Name City Attorney / Finance / Human Resources cc: Robert Kenyon - Utilities Department File S:~BULLET1NLFORMS~AGENDA ITEM REQUEST FORM.DOC MEMORANDUM Utilities #04-62 TO: Bill Atkins, Deputy Director Department of Financial Services FROM: Robert Deputy Utilities Director DATE: May 13, 2004 SUBJECT: Replacement of Air Conditioning Unit West Water Treatment Plant The main air conditioning unit at the West Water Treatment Plant is eleven (11) years old and is no longer reliable. This unit requires frequent repairs~the coils are disintegrating and will need to be replaced soon. Replacement of the coils will cost approximately 70% of the price of a new unit. The Utilities Department is requesting authorization to replace the A/C unit at the West Water Plant via School District of Palm Beach County, Bid #00C-010J awarded to South Florida Trane Service in the amount of $31,600.00. Funds to replace this unit have been budgeted and approved in the 2003/2004 Utilities Renewal and Replacement account #401-5000-590-96~02 WTR017 in the amount of $37,000.00. Please submit this request to Commission for approval at the earliest possible date. Rk/dmp Attachments cc: Dale Sugerman Barb Conboy Dave Ailstock Miami District Airport Corporate Center John P Tighe The Trane Company 7415 N W. 19~ Street Suite C District Manager Miami FL 33126 305 592 0672 Dade 954 522 2214 Broward 561 833 3445 Palm Beach 305 592 0221 FAX 5-7-04 The City of Boynton Beach Procurement Services P.O. Box 310 Boynton Beach, FL 33425-0310 Sub: West Water Treatment plant 50 Ton Condensing Unit Replacement Revised with detailed discount information Attn: Ms. Carol Doppler, CPPB, Senior Buyer Dear Ms. Doppler: South Florida Trane is pleased to provide this turnkey proposal for the replacement of the 50-ton condensing unit at the West Water Treatment Plant. Per your requested scope of work description and our meetings and site visits, we are including: 1. One Trane model RAUCC50 50-ton air cooled condensing unit to replace existing. Please note that your specification listed a 40-ton unit. However, the existing unit is 50 tons. The new unit will be furnished with suction service valves, hot gas bypass, copper coils, and a whole unit five-year extended warranty. Per my conversation with Dave Ailstock, low ambient control dampers are not recommended and are not included. 2. Shut down system and recover refrigerant from both circuits. Drain oil from old unit and recycle. 3. Disconnect existing spring isolators from structural steel. Rig and remove from roof with crane service. Salvage old unit and dispose off site. 4. Install new spring isolators for support of new chiller. Set unit in place. 5. Make new piping connections and insulate with armaflex insulation. 6. Provide new load wiring from existing disconnect using existing disconnect. 7. Furnish and install all necessary piping and fittings. Reuse existing controls. An American Standard Company www. trane, com This proposal does not include: · Revisions to existing control system. · Identification of removal of any hazardous materials · Cutting, patching, painting, or repairs of walls, as may be required · Work not stated above Your price for the turnkey installation of the 50-ton air-cooled condensing unit is $31,600. This proposal is based on the terms and conditions the Palm Beach County Schools RFP-00C-010J. Per the terms of the RFP our labor is priced at $75 per hour, Trane equipment is priced at a 0.41 multiplier, and our materials and subcontractors have a 26.5% markup. This quotation is based on performing the work during weekend hours. Pricing Summary: Equipment: Trane 50 ton air cooled condensing unit RAUCC Manufacturer's List Price: $44,726.00 Net Price ~ RFP-OOC-010J multiplier: $20,010.00 Discount: $24, 716. O0 Direct Labor and Supervision: Project Management 24 hours Standard Billing Rate ~ $85.00/hr: $ 2,040.00 Rate ~ RFP-OOC-010J $75/hr: $1,800.00 Discount: $ 240.00 Technician Labor 60 hours Standard Billing Rate ~ $85.00/hr: $ 5,100.00 Rate ~ RFP-OOC-010J $75/hr: $ 4,500.00 Discount: $ 600.00 Purchased Materials and Suncontracts: Electrical Subcontract $1,050 Cost Standard Service Markup ~ 1.3 $1,365.00 Allowable markup RFP-OOC-010J ~ 1.265: $1,328.25 Discount: $ 37.25 Crane Service $2,000 cost Standard Service Markup ~ 1.3 $ 2,600.00 Allowable markup RFP-OOC-010J ~ 1.265: $ 2,530.25 Discount: $ 69. 75 Installation Materials $1131.62 cost Standard Service Markup ~ 1.3 $1,471.11 Allowable markup RFP-OOC-010J ~ 1.265: $1,431.50 Discount: $ 39. 61 Grand Total Project Cost: $31,600.00 Grand Total Discount: $25, 702. 61 An American Standard Company www. trane, com Upon order approval, South Florida Trane will commence with equipment order. The condensing unit is a factory production item with a six-week lead-time for manufacture and shipping to the site. It is anticipated that the job will be completed with a weekend system shutdown to install the unit and minimize downtime. Total estimated downtime for the installation is Friday afternoon through Sunday evening. If you have any questions concerning this proposal, please do not hesitate to contact me. If this proposal meets with your approval, please issue your purchase order to our attention. We thank you for this opportunity to be of service. Sincerely, Steve Corson South Florida Trane An American Standard Company www. trane, com and conditionS tandard contract TermS ~ta, a~e,~, o, - e ~ "' o~ ~e - ~tionS a.~ ~ Wo~ "' d c~'' o~e?s -- aOd s~, ~ ~ w.- ~ ~t~.- iailu~e ,, .~v~ot t .... sbai% ~ ~r shall ~ _~en~On. - se~ -st -~o~ ag ~ct tO any ..,- to ~e o · .~aod oi S~ a ,~ coStS o~ a me due ~-' ~a~u~ ~"~U _ attorney~ e,.,~. ;on ~tn~- r ~ ~ ~a~''' ~'~, '" ~tule a-~ ~, to exceed ~- .- the due dar .,~ col~e~ ~mo -.esslY agf~' ~_ ~Tane ~' ..,,_ ~'~"- .~e date o. _.a ~ Lq ~ ~p~eS ~ eafli~ o~ ~ us lntendeu 7_ant oot ~' ~oac~ve t~. ~emPt~g ~ ,h~ise e~. ~,n~ded u~ -ntv, ~n~,~ i[on~ ~'~ ~T~d~ ~J.~ ~ have u,~ -~l De t~ ~ ~o~ ~ -~ne eq~P"~ .~ or fate. [~ hv ~mne tn ~,- ,~ ,he e~ent 0..-a~l dates v'~ estimates ~ ~s ~ fane ~nStal~eu "~.. end [ti) s~'.~mpletiO~ ~" ~ utilize u'~.~ incU~ "' . ~9t,~''' ~ne, ~ te6O~ a.~ -n~eted ua.- , ~kme~,~'v' _ubStant~ ~ ~ustome~ ~u_~ o{ the ~ ~s ~e ~- ~z~ [e~ _.~em. v :7 efl~s t~ . an So. ,~ the ~": '~-tW co.~ .~iveS ~ ~ ~ is u~ - . ,~ - ~u~ Cun~an~ o( t~ .... ed~m~'~ o~ ~su o~a~eSSlY p~R~E BE ~'" ~ ~alt be inteTsre -,ed or Un~n~at ~ Pfem~S~allv tf~ t~'-ns oi an u~U~¢al~~ [~ shalt r · LaW- T~s ~ the state u,-, (eqU[T~ '~ '. ~., Cheng~ ~ .-~ and ouw- -nt deanw._.~yt he{~, ~t ~a~ n~ ~ ~~W~ ~ i9 ~t e ~ ~ ~ne CO~' Sn-. ~. both- ..~e{ia{S- "- ;aentifi~t~"._~ potY~u~] ~ ~ateno,- -' ~e Pa~e= - ,~a~ to -- ~ ~e W~.-* (~e, u. -~OUS ~'- ~-deS a~ '~ ,.~ asDeStU=, %~a~~ ~ ~., ~a~e. "' .,nt~ ~' *h~ scope ~' ~ this ~o~at of u~ mstedatS w .x~pt as s='~t ~i~l in a~ - o( a~ dis~s~' T~ ~afdOU~ ~sen~ ~at, ~ .~emises ~ ~nd t ~PC~ of OU'~]_~m and reP~atS ~ me ~t~ e~sten~ ~ the Wo~- there ~ ~Cust~e~ -thinwhi~' ~¢ese~e u, ~ CustO," '~ondi~On n, ~atCTiat9 ,n ~a~e o( of =~ed a{ea" ~sSS~ to s~%l be e~ ..aha to ,. ~ _~ ~ o[.~ in the m,;-~q a¢6on ~ CuStomeT ,~ o~ or fm~ ~ bY {esp~,~ _~ouS ~ax~,, ~{red ~ ~ ~aatedals o. obli~teu ' fete~ AGENDA ITEM REQUEST FOR PROPOSAL NO.00C-010J - RFP FOR INSTALLATION, REPAIR AND/OR PURCHASE OF AIR CONDITIONING SYSTEMS DATE: March 3, 2004 PRESENTED TO BOARD: April 21, 2004 CONTRACT PERIOD: May 18, 2004 through May 17, 2005 DEPARTMENT: Various FUNCTION: Various OBJECT: 3501 FUND: Vadous FUNDING SOURCE: Various Budgets - Repair and Maintenance and Services REQUESTING DEPARTMENT: Maintenance and Plant Operations / Program Management FINANCIAL IMPACT I The financial impact to the District fund budget is estimated at $2,000,000. The source of funds is the Maintenance and Plant Operations/Pro,tram Mana~lement Departments bud~iets. Purchase orders processed from May 19, 2000 throuc~lh March 15, 2004 total $8,859,191. CONTRACT RENEWAL Term Contract No. 00C-010J was awarded by Board action on May 17, 2000, to Carrier Commercial Service, Farmer & Irwin Corp., FIo-Rite, Inc., Hawthorne Industries, Hill York Service, Precision Air Systems, Inc., South Florida Trane Service, Southeastern Chiller, Stokes Mechanical Contractor, Inc., Wright Superior and York International for three years from May 18, 2000 through May 17, 2003, with the option to renew for two additional one-year periods. By Board action on November 20, 2001, the estimated expenditure was increased by $4,775,000. By Board action on April 23, 2003, the first option to renew contract was exercised for the period May 18, 2003 through May 17, 2004. By Board action on January 21, 2004, the estimated expenditure was increased by $2,300,000. 2005., Carrier Commercial Service, Farmer & Irwin Corp., Flo-Rite, Inc., Hawthorne Industries, Hill York Service, Precision Air Systems, Inc:?~;.Elo.~a~ _-[~:?S~ic~: Southeastern Chiller, Stokes Mechanical Contractor, Inc., Wdght Superior and York International have agreed to honor terms, conditions and pricing of existing contract for the forthcoming contract period. Items to be purchased include purchase, installation and repair of air conditioning systems. Last Printed 4/23/2004 10:26AM RFP for lns~alhttlon, Repair, and/or Purcltas~ of Air Conditioning COST OF SERVICES . . , Hourly rates t'o~ persOaael (7:00 a.m to 5:00 p,~ S75.00 Hourly rams for p~'so~cl to include premium & Holiday ta~es 8;94.00 Repair parts&~efial Cost 26.$% Markup Ho~ly z~tes for peesonneI (7:00 a.m to 5:00 p.m* $75.00 I-Iourby rates for perso-~el to inclMe premium & Holiday rates $94.00 Fbccd Percentage Dbcoum/Mark'up offManuf~ List t:ri~ 26.5% Markup Direct purchases of Trane equipment will be Fbrmi percentage disco~ offl~t pric~ offered to the Palm Beach County Schools at contractor pricing levels, South Florida Trane Service 12 April 19, 20eX) COST OF SERVICES... Hourly rates for l~r~0nu,l (7:00 a.m to 5:00 p,m. Hourly rates for personnel to include prm/mm & Holiday rates $94.00 l~cpa/r pms/IVlaterial Cost 26.S% Markup Ho~ly rates for personnel (7:00 a.m to 5:00 p.m. $75.00 Hourly rates for pe~mel to include premium & Hominy rates $94.00 F~ P~c~e ~~~ offM~ L~ ~ 26.5% Mn~p Direct purchases of Trane equipment wifl be Fix~ p~rcentege disco~ offlist price offered to the Palm Beach County Schools at contractor pfieh~g levels, South Florida Trane Servioe 12 April 19, 2000 The Trane Company's ~eublished prices referred to as "list prices" are established by Trane Headquarters and are an integral part of an electronic (computer based) pricing system. The company no longer publishes paper price sheets. The Trane Company allows the district offices to sell its HVAC products at an average discounted multiplier level (of its list prices). These discounted prices are very competitive In the HVAC market and are not intended to be discounted further. The multipliers in Section 2 are to be applied 'to the family of products in Section 3. Each family' of product's resl:~ective price schedule identifies and describes its ..appropriate use of its multiplier. The list price and its multipliers apply only to the standard delivery schedule. Accelerated shipment of equipment will have a different multiplier. Net prices are firmed for a two,~ year period. VI.-CONSENT AGEN DA ITEM B.7 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 [] April 6, 2004 March 15, 2004 (Noon.) [] June 1, 2004 May 17, 2004 (Noon) [] April 20, 2004 April 5, 2004 (Noon) [] June 15, 2004 May' 31, 2004 (Noon) [] May 4, 2004 April 19, 2004 (Noon) [] July 6, 2004 June 14, 2004 (Noon) [] May 18, 2004 May 3, 2004 (Noon) [] July 20, 2004 July 5, 2004 (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 multi-award the "ANNUAL BID FOR HARDWARE SUPPLIES", Bid#053-1412-04/CJD, on an overall basis to the lowest, most responsive, responsible bidder who meets all specifications with an estimated annual expenditure of: $35~000.00 CONTRACT PERIOD: JUNE 2, 2004 TO JUNE 1, 2005 EXPLANATION: On April 21, 2004, Procurement Services opened six (6) bids. One of the proposals was rej~,ted since it was not typed, therefore considered non-responsive. It is recommended to award this bid to multi vending as_ ~c~ , · ,, ....... overall Low B~dders . The evaluating factors used in determmmg the award were based on: price, avadabil~an~ delivery time. In addition to proposing the lowest prices, a catalog discount was offered from most prop, o'gtYs fo'Ir? overall discount pricing. Dominic De Munro, (Warehouse Manager) concurs with this recommendation l~r m~,'~ attached. The provisions of this bid award will allow for a one (1) year extension at the same terms, con~d~i prices subject to vendor acceptance, satisfactory performance and determination that the renewal i~ I~,~'~t interest of the City. ..~ ~'~ PROGRAM IMPACT: The purpose of this bid is to provide a competitive established price for the )~ ~ouse stocked best quality hand tools and hardware supplies. Hardware Supplies will be stocked in the City's ,{ '~house and issued to requesting departments on an "As Needed Basis". FISCAL IMPACT: BUDGET ACCOUNT NO. ESTIMATED ANNUAL WAREHOUSE EXPENDITURE 502-0000-141-01-00 Deputy Director of Financial Services City Manager's Signature Procurement Services ~ ~ Department Name City Attorney / F~a_ ~n~fi)~/Human Resources S:~BULLETIN~ORMS~AGENDA ITEM REQUEST FORM.DOC C: Dominic De Munro - Warehouse Manager File The City of Boynton Beach Finance Department WAREHOUSE DIVISION TO: Bill Atkins, Deputy Director of Financial Services FROM: Dominic DeMauro, Warehouse Manager fi~ DATE: May 14, 2004 SUBJECT: Hardware bid I reviewed the tabulation sheet sent from your office. The evaluating factor used was price, availability, delivery time and warehouse processing time. My recommendation is a multi award to loxv vendors. HAND TOOLS K&M Discount tools 1,3 MSC Manhattan Supply 2,4,5,6,7,8,13,14,16,21,22,23 Grainger 9,10,11,12,15 National Waterworks 17,18,19,20 Blades and Bits National Waterworks 26 Grainger 24,25,27,29 K&M discount tools 30 MSC-Manhattan supply 28 Lawn and Garden MSC-Manhattan supply 31,33,34,35,36,39 Grainger 32,37,38 National Waterworks 40 Hardware page two Type MSC-Manhattan supply 41 Grainger 42,43 Mower and Edger Supplies NO BID 44,45 Paint and Painting Equipment MSC-Manhattan supply 46,47,48,49 Grainger 50,51 No bids received for this item. 52,53,54,55,56 FLASHLIGHTS AND BATTERIES Battery Banl(, 57,58,59,60,61,62,63 Grainger 64 BUILDING SUPPLIES Grainger 65,70 MSC-Manhattan supply 71 No Bid 66,69 No Award 67,68 Miscellaneous Products MSC-Manhattan supply 72,75,78,82 Grainger 73,74,76,77 K&M Discount tools 79,80,81 In addition to the over low prices. The following companies are offering the following discounts. Grainger 10% K&M Tools 20% MSC-Manhattan 1 15% National Waterworks 20% ANNUAL CONTRACT FOR HARDWARE SUPPLIES BID # 053-1412-04/CJD HARDWARE SUMMARY SHEET COMMODITY # 445-058-00002 $9.70 445-038-00003 $12.00 445-038-00002 $4.05 445-038-00001 $8.75 445-052-00004 NO BID 445-052-00002 $10.75 445-052-00003 $11.50 445-052-00001 $7.45 445-012-00001 NO BID 445-064-00001 $1.95 445-064-00002 $2.45 445-064-00003 $3.25 445-064-00004 $2.75 445-064-00005 $2.80 445-064-00006 $4.08 445-064-00007 $2.68 445-046-00004 445-046-00005 445-046-00006 445-012-00003 445-091-00005 445-091-00006 445-091-00007 445-009-00005 445-009-00006 445-009-00004 445-009-00008 445-009-00009 445-068-00008 445-088-00005 445-073-00001 445-073-00002 445-076-00001 445-061-00004 445-043-00002 445-043-00001 445-061-00008 445-061-00007 445-043-00003 445-061-00005 445-088-00002 NO BID 445-088-O0OO4 NO BID Hardware Summary ANNUAL CONTRACT FOR HARDWARE SUPPLIES # 053-1412-04/CJD HARDWARE SUMMARY SHEET 0 ITEM # COMMODITY # ~Z ~; 43 445-088-00001 NO BID 44 445-008-00005 C ~, NO BID 45 445-008-00002 _ _[ 3 NO BID 46 445-030-00001i I' NO BID 47 445-030-00002 -~ NO BID 48 445-030-00003 i i NO BID 49 445-030-00004 NO BID 50 445-032-00005-7 NO BID 51 445-032-00001-4 $3.50 52 445-030-00017 3 NO BID 53 445-035-00001-4 ~ NO BID 54 445-032-00008 =t NO BID 55 445-008-00007 3 NO BID 56 801-009-00001-3 ~ NO BID 57 445-026-00001 3; NO BID 58 445-026-00002 3; NO BID 59 445-026-00003 ~ NO BID 60 445-026-00004 ~ NO BID 61 445-026-00006 ~ NO BID 63 445-061-00002 ~ NO BID 64 445-061-00001 NO BID 65 445-006-00030 NO BID 66 445-006-00031 NO BID 67 445-003-00001 $4.12 68 445-003-00002 $4.91 69 445-085-00001 NO BID 70 445-085-00002 ~ 71 445-090-00001 NO BID 72 445-090-00002 -_ NO BID 73 445-o9o-oooo3~~ NO BID 74 445-008-0o006 NO BID 75 285-054-oooo3 NO BID 76 285-o54-oooo2 NO BID 77 285-054-oooo1 NO BID 78 445-021-00001 NO BID 79 445-021-00002 NO BID 80 445-021-00003 NO BID 81 445-021-00003 NO BID 82 445-049-oooo1 NO BID 82 445-049-oo0o2 NO BID 82 445-049-00003 NOBID %OFF I N/A I 10+% 20% CALENDAR DAYS FOR DELIVERY 2-3 1-3 15 Hardware Summary ~ >. >_ 13. 0 0 ~(~ z z ,~ 0 . -J ~ ~ ~'"2~ z z ~ - 0 0 0 0 0 0 0 0 ~ · ~ z z z ~ < z z z z ~m~ 0 0 0 0 0 0 0 0 0 0 ~~Z z z z z Z z z z z z w~ ~ 0 ~ ~ o~ ~ ~ o~° o° ._== ~ ~ ~ o oo~ w ~ ~ ~ z o ~ ~ > ~ i~ >~ ~ ~ ~ o ~ = ~ - ~0 0 ~ I~ ~~o ~ ~ ,~ ~.o ,~ o ~ zO o o ~o ~g ~ z z z z z ~ ~ z z z z z ~_o ~ ~"-~ ~ ~ ~ ~ ~ ~ o ~0~0 ~ ~ ~ ~ ~ ~ ~ ~ m ~ ~ o ~0~0~, zz~ ~ ~o · o ~oo~8 - , Z~ ~ o ~ : ~ ~ 00~ ~ :x ~ o < ~ ~ ~ ~ ~ Z ~ VI.-CONSENT AGENDA CITY OF BOYNTON BEA ITEM C.1. AGENDA ITEM REQUEST I ..... Request~l City Commi~ion Date Final Form Must b~ Turned Requited City Commi~ion Dat~ Final Form Must b~ Turned in Me~-ting Dates in to City Cl~k's Offi~ Meeting Dates to City Clerk's [] April 6, 2004 March 15, 2004 (Noon.) [] June 1, 2004 May 17, 2004 (Noon) [] April 20, 2004 April 5, 2004 (No~n) [] June 15, 2004 May 31, 2004 (Noon) [] May 4, 2004 April 19, 2004 (Noon) [] July 6, 2004 June 14, 2004 (Noon) ~ May18,2004 May 3, 2004 (Noon) [] July20,2004 JulyS, 2004(Noun) [] Administrative [] Legal NATUm~ O~ [] ~umouncemcnt [] ~ewm~iness AGENDA ITEM [] City Manager's Report [] Presentation '~' [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unfinished Business ~ mc-~ RECOMMENDATION: Motion to approve and execute by Resolution five (5) individual task orders for the East Water Treatment Plant Expansion (EPX), Stage 1, Phase 1 Project totaling $1,324,702.00. Also, approve an owner's contingency of 5% in the amount of $ 66,235.10 for a total budget appropriation of $1,390,937.10. The owner's contingency of 5% will be applied to individual task orders on an "as needed basis". Each Consultant will be contracted individually and will be responsible for the scope of the work developed within their task order as follows: Globaltech, Inc. - Program Management · CH2M Hill, Inc. - Upper Floridan Aquifer Wdlfidd Development · Kimley-Horn and Associates - Water Treatment Plant Design and Site Plan Devdopment · Metcalf & Eddy - Off-Site Pipelines Development · Arcadis G&M, Inc. - Membrane Concentrate Disposal Development 8:~BULLETIN~ORMS~AGENDA ITEM REQUEST FORM. DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM PROGRAM IMPACT: On April 12, 2004, the City Commission attended a workshop presented by the Water Resources Leadership Team. At that time, a Project Master Schedule was reviewed to demonstrate the department's intention to synchronize project activities to avoid water shortages and/or restrictions that would impact our customers and communities. An approved and agreed-to Project Master Schedule is attached for reference (Exhibit 'A'). The EPX project will be delivered in two (2) stages to accomplish the need for alternative water sources. Staee 1 - Current Schedule May 2004 throueh Auuust 2008 · Siting study for ten (10) new raw water Upper Fioridan wells to provide a total of 21.3 mgd of raw water used to produce 16 mgd of membrane permeate water for the build-out plant capacity and two (2) pilot webs (with monitoring wells). · New raw water main. · New LPRO facility with 8 mgd of membrane permeate capacity, expandable to 16 mgd permeate at build-out plant site including a new 5 MG ground storage tank. · New membrane concentrate waste disposal system. It is the intention of the Utilities Department to implement Stage 1 of the EPX project in two (2) phases to identify and develop alternative raw water sources, Phase I - Conceptual/Preliminary Design and Phase 2 - Design and Construction. The initial task orders for Phase 1, are the first step toward meeting the more stringent restrictions for the City's WUP required by the SFWMD beginning August 2008. Phase 2 services are to be provided in subsequent task orders following the completion of Phase 1. Stage 2 - Current Schedule August 2008 through December 2013 · Addition of an 8 mgd build=out expansion of LPRO treatment capacity · Addition of a second $ MG ground storage tank · Decommissioning of existing lime softening plant S:~BULLE~RMb-~AGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM EXPLANATION: As required by the City's Water Use Permit (WUP), issued by the South Florida Water Management District (SFWMD) on August 14, 2003, the City is implementing a plan of action to begin replacing lost wellfieid capacity due to withdrawal restrictions from the surflcial aquifer in our eastern wellfield. This plan of action requires the City to begin withdrawing and processing raw water for our potable water supply from the Upper Floridan aquifer by August 2008 and to plan for and implement withdrawal reductions out of the eastern wellfield from the surficial aquifer (due to concerns of saltwater intrusion). SFWMD encourages the use of the Upper Floridan aquifer as an alternative water source, since currently there are no withdrawal restrictions or limitations for the Upper Fioridan aquifer. Utilization of the Upper Floridan aquifer water will require a multi-faceted project team approach involving siting of potential supply wells including pilot wells for aquifer testing (flow characteristics and raw water quality), cross-country raw water pipelines, a new water treatment process (Low Pressure Reverse Osmosis, commonly referred to as LPRO) including an above ground storage tank and disposal of the concentrate (a "rejected" liquid bi-product, high in chlorides). To implement Stage I of the EPX project, the Utilities Department has chosen a team of five (5) consultants to provide professional services and serve as a highly qualified team focused on the project's mission and goals. The five (5) team members were chosen from the list of qualified Consultants/Engineers under the terms and conditions for the Request for Qualifications 0065- 2821-03/CJD, approved by the City Commission on November 18, 2003. Consultants were chosen for the five (5) separate and distinct activities to take advantage of each Consultant's resources and specialization. The expression of ideas or concerns among aH EPX project team members has been established to provide the best work product possible. The Utilities Department, Senior Project Manager, will provide direction for the EPX project team while Globaltech, Inc. will serve as the overall program manager by providing day-to-day management, technical oversight and coordination with the other EPX project team members. The existing EWTP is a lime softening plant that was constructed in 1963. The lime softening process is not capable of properly treating the brackish raw water from the Upper Floridan aquifer. The City intends to continue to use the surficial aquifer as its primary raw water source and to use the Upper Floridan aquifer source and the new LPRO membrane treatment process as needed going forward. The LPRO plant will provide the City with the best available technology to meet ali current and future potable water quality requirements, future demands and environmental stewardship. S:~BULLETIN~ORMS~AGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM FISCAL IMPACT: The five (5) task orders for Phase 1 of Stage 1 total $1,324,702.00. Funds are available in Utilities Account #401-5000-590-96.10 WTR122 NAME OF TASK ORDER RESPONSIBILITY AMOUNT OF CONSULTANT NUMBER TASK ORDER Globaltech, Inc. U04-08-02 Program Management $ 231,220.00 CH2M Hill, Inc. U04-5-06 Upper Floridan Aquifer Well Field Development $ 484,950.00 Kimley-Horn and Water Treatment Plant Design & U04-10-02 $ 350,996.00 Associates, Inc. Site Plan Development Metcalf & Eddy, Inc. U04-15-03 Off-Site Pipelines Development $ 128,722.00 Arcadis G & M, Inc. U04-01-01 Membrane Concentrate Disposal $ 128,814.00 Development Total Task Orders for Engineering Services $1,324,702.00 5% Owner's contingency for application to individual task orders "as needed" $ 66,235.10 TOTAL BUDGET APPROPRIATION $1,390,937.10 ALTERNATIVES: Beginning August 2008, restricted withdrawals from the surficial aquifer will only allow an annual raw water withdrawal to 2,325 MG or a daily average of 15.5 mgd, a substantial decrease from the current permit that allows an annual 7,844 MG or a daily average of 24.7 mgd. Overall, this is an average decrease of an annual 3,921 MG (average between wet and dry season restrictions). It is critical for the City to identify alternative raw water sources to meet regulatory requirements and allow for growth and meet the demands of our customers and community for potable water. ~/l~) Assistant City Manager City Manager Utilities Department ~(~~/t~ ~Q~aa~ Department Name /ff - City ~[t~'n~y~/Finance / Human Resources S:~BULLETINWORMS~GENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Attachments - Three Original Contracts/Per Consultant for Execution Globaltech, Inc. CH2M Hill, Inc. Kimley-Horn & Associates, Inc. Metcalf & Eddy, Inc. Arcadis G&M, Inc. Exhibit 'A' bc: Dale Sugerman, Assistant City Manager Paul Fleming, Sr. Project Manager Bob Kenyon, Deputy Utilities Director Tom Fitzgerald, Chief Operator EWTP Utilities File/WRLT Procurement Services S:'~BULLE~RMS~GENDA ITEM REQUEST FORM.DOC 1 RESOLUTION NO. R04- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, AUTHORIZING THE CITY MANAGER TO 5 EXECUTE FIVE INDIVIDUAL TASK ORDERS FOR 6 THE EAST WATER TREATMENT PLAN EXPANSION 7 (EPX), STAGE 1, PHASE 1 PROJECT TOTALING 8 $1,324,702.00, BETWEEN THE CITY OF BOYNTON 9 BEACH AND: GLOBALTECH, INC., FOR PROGRAM 10 MANAGEMENT; CH2MHILL, INC., FOR UPPER 11 FLORIDAN AQUIFER WELLFIELD DEVELOPMENT; 12 KIMLEY-HORN AND ASSOCIATES FOR WATER 13 TREATMENT PLANT DESIGN AND SITE PLAN 14 DEVELOPMENT; METCALF EDDY FOR OFF-SITE 15 PIPELINES DEVELOPMENT AND ACRADIS G&M., 16 INC., FOR MEMBRANE CONCNTRATE DISPOSAL 17 DEVELOPMENT; AND PROVIDING AN EFFECTIVE 18 DATE. 19 20 WHEREAS, as required by the City's Water Use Permit (WUP) issued by the 21 South Florida Water Management District (SFWMD) on August 14, 2003, the City is 22 implementing a plan of action to begin replacing lost wellfield capacity due to withdrawal 23 restrictions from the surficial aquifer in our eastern wellfield; and 24 WHEREAS, this plan of action requires the City to begin withdrawing and 25 processing raw water for our potable water supply from the Upper Floridan aquifer by 26 August 2008, and to plan for and implement withdrawal reductions out of the eastern 27 wellfield from the surficial aquifer; and 28 WHEREAS, to implement Stage 1 of the EPX project, the Utilities Department 29 ha chosen a tam of five (5) consultants to provide professional services and serve as a 30 highly qualified team focused on the project's mission and goals; and 31 WHEREAS, the City Commission upon recommendation from staff, deems it 32 appropriate and in the. best interest of the residents of the City to approve five (5) $:\CA~RESO\Agreernents\Task - Change Orders\East Water Treatment Plant Expansion - 5 task orders_doc 1 individual task orders for the East Water Treatment Plan Expansion (EPX), State 1, Phase 2 1 project totaling $1,324,702.00; as follows: 3 1) Globaltech, Inc., - Program Management - Task Order U04-08-02; 4 2) CH2M Hill, Inc. - Upper Floridan Aquifer Wellfield Development- Task 5 Order U04-5-06; 6 3) Kimley-Horn and Associates - Water Treatment Plant Design and Site 7 Plan Development - Task Order U04-10-02; 6 4) Metcalf & Eddy - Off-Site Pipelines Development - Task Order U04-15- 9 03; 10 5) Arcadis G&M, Inc., - Membrane Concentrate Disposal Development - 11 Task Order U04-01-01. 12 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION 13 OF TItE CITY OF BOYNTON BEACIt, FLORIDA, TItAT: 14 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed 15 as being true and correct and are hereby made a specific part of this Resolution upon 16 adoption hereof. 17 Section 2. The City Commission of the City of Boynton Beach, Florida does 18 hereby authorize and direct the City Manager to execute five individual Task Orders for 19 the East Water Treatment Plant Expansion, Stage 1, Phase 1 Project totaling 20 $1,324,702.00, as follows: 21 1) Globaltech, Inc., - Program Management - Task Order U04-08-02; 22 2) CH2M Hill, Inc. - Upper Floridan Aquifer Wellfield Development- Task 23 Order U04-5-06; 24 3) Kimley-Hom and Associates - Water Treatment plant Design and Site S:~CA~lESOV~greements\Task - Change Orders~East Water Treatment Plant Expansion - 5 task orders.doc I Plan Development - Task Order U04-10-02; 2 4) Metcalf & Eddy - Off-Site Pipelines Development - Task Order U04-15- 3 03; 4 5) Arcadis G&M, Inc., - Membrane Concentrate Disposal Development - 5 Task Order U04-01-01. 6 Section 3. This Resolution shall become effective immediately upon passage. 7 PASSED AND ADOPTED this __ day of June, 2004. 8 9 CITY OF BOYNTON BEACH, FLORIDA 10 11 12 Mayor 13 14 15 Vice Mayor 16 17 18 Commissioner 19 [TTEST: 2O 21 Commissioner 22 2ity Clerk 23 24 Commissioner 25 Corporate Seal) 26 27 28 CA~ESO~Agreements\Task - Change Orders\East Water Treatment Plant Expansion - 5 lask orders.doc GLOBALTECH, INC. TASK ORDER U4-08-02 EAST PLANT EXPANSION Task Order No. U04-08-02 AGENDA 5/18/04 City of Boynton Beach East Water Treatment Plant Expansion Stage 1 Conceptual/Preliminary Design Phase 1 Engineering Services for Program Management A. Background The City of Boynton Beach (City) is embarking on a major improvement project for the City's East Water Treatment Plant (WTP). The project named "East Plant Expansion" (or "EPX" for short) will address the City's future water needs. Currently, the South Florida Water Management District (SFWMD) limits the qUantity of water available for withdrawal from the City's primary source of water, the surficial Biscayne aquifer, for potable water use. If not addressed, this existing water withdrawal restriction will create water shortages for the City in the future. The EPX Project will resolve the potential water shortage issues by changing the East WTP's primary water source from the existing surficial Biscayne aquifer to the deeper more plentiful upper Floridan aquifer. The change in the primary water source will provide potable water to the City and help the environment by reducing the potential for salt-water intrusion into the surrounding area's groundwater near the 'East WTP. By changing the primary water source to the upper Floridan aquifer, the EPX Project will also change the water treatment process at the East WTP from lime softening to a low-pressure reverse osmosis (LPRO) treatment system. The new LPRO treatment process will produce fresh water from the brackish upper Floridan aquifer water source, while also improving other water quality parameters that is currently being produced by the East WTP. It is anticipated that the required facilities for the East WTP will be constructed in two stages. In Stage 1, the City will install 8 million gallons per day (mgd) of treatment capacity and approximately ten Floridan wells to supply water by August 2008. In Stage 2, the City will install the remainder of the equipment needed to expand the treatment facilities to 16 mgd of product water capacity by year 2013. To assist the City with Stage 1 of this large project, the City has assembled a team of five Consultants to provide profeSSional services for the planning, preliminary design, design, permitting and construction of the required facilities. The City will engage each Consultant separately for each phase of the Stage 1 construction: ~, Phase ! - Conceptual/preliminary Design Phase · Phase 2 -Design and Construction Phase TASK ORDER NO. U04-08-02 EPX PROJECT PHASE 1 - PROGRAM MANAGEMENT Based on the results of the Conceptual/Preliminary Design of Phase 1, the development of plans and specifications will be conducted in Phase 2, along with the construction services. These Phase 2 services are to be provided in subsequent task orders following the completion of the Phase 1 services. The remainder of this section provides additional information as to why the EPX Project is needed and how it will be implemented and executed. Water Supply The City's current raw water supply is provided from a fresh underground source called the surficial Biscayne aquifer. Water fi:om the surficial Biscayne aquifer is withdrawn by the City from two well fields (East well field and West well field) and treated in two separate City owned and operated potable water production facilities (East WTP and West WTP). Historically, the surficial Biscayne aquifer has .provided water for potable water use to many south .Florida communities. However, the South Florida Water Management District (SFWMD) is limiting water withdrawals from the surficial Biscayne aquifer due to regional water demands, periodic droughts, and degradation in groundwater quality. As such, the current Water Use Permit (WUP) issued by the SFWMD requires the City to restrict withdrawals from the surficial Biscayne aquifer in the following manner: The East Well field serving the East WTP is limited to a monthly allocation of 240 MG (million gallons) or less than an average of 8 million gallons per day (mgd). This limitation is intended to prevent saltwater intrusion from the coast The total annual allocation from the East and West well fields is limited to less than 7,844 MG or less than an annual daily average of 21.5 mgd · The monthly allocation from the East and West' well fields is limited to less than 741.1 MG or less than a monthly daily average of 24.7 mgd · Beginning in August 2008, the WUP will impose additional and more stringent limitations on the surficial Biscayne aquifer: dry season (January through May) withdrawals will be limited to 2,325 MG not to exceed a monthly allocation of 465 MG (monthly daily average of less thanl5.5 mgd); and wet season (June through December) withdrawal will be limited to 5,522 MG not to excee'd a monthly allocation of 771 MG (monthly daily average of less than 25.7 mgd) Due to these withdrawal limitations and restrictions placed on the surficial Biscayne · aquifer, the City is turning to the Floridan aquifer as an additional alternative water source to the surficial Biscayne aquifer in order to meet its future water demands. In south Florida, the Floridan aquifer is being encouraged by the SFWMD as an alternative water supply that currently has no withdrawal restrictions or limitations. The Floridan aquifer is a brackish water source requiring deeper well depths and additional treatment than are currently being used for the surficial Biscayne aquifer. TASK ORDER NO. U04-08-02 EPX PROJECT PHASE 1- PROGRAM MANAGEMENT Water Treatment As previously mentioned, the City has two water treatment plants, the East and West WTPs. The East WTP is a lime softening plant and the West WTP is a membrane softening plant. The City will continue to use the surficial Biscayne aquifer as the primary water supply source for the West WTP since the SFWMD will allow greater water withdrawal from the West well field than the East well field. In addition, the cost of treating the surficial Biscayne aquifer water is less than treating the Floridan aquifer water. The Phase 3 and Phase 4 expansions of the West WTP are currently under way to increase the treatment capacity of the West WTP. Expansion of the West well field to outfit and place on line existing wells also is in the works. These improvements to the West WTP will assist the City in meeting the near-term water demands before the Floridan aquifer source and treatment facilities are constructed at the East WTP. At the East WTP, the City intends to use the Floridan aquifer as its primary raw water -~- source and to use the surficial Biscayne aquifer source as needed. As the Floridan aquifer source water is brackish, the existing lime treatment system at the East WTP will not provide adequate treatment. A new low-pressure reverse osmosis (LPRO) membrane treatment process is required to remove dissolved salts in the source water before the water can be used as potable water. The LPRO membrane treatment process is similar to the existing membrane softening process at the West WTp but requires more specialized material of construction and operates at a greater pressure. In addition, the new LPRO membrane treatment process will produce a higher quality of water that is low in color and hardness than the water quality produced by the existing lime treatment process. The new LPRO membrane treatment process also provides the City with the best available technology to meet the existing and pending water quality requirements of the Environmental Protection Agency. Project Approach In order to meet regulatory requirements and the growth of the City, the East WTP will need to supply and treat the Floridan aquifer as an alternative water source on or before August 2008. The required improvements include the development of a new Floridan well field, the addition of new raw water mains, and installation of a LPRO treatment system with a membrane concentrate waste disposal system. The City plans to provide supply and treatment facilities in two stages for the East WTP. · Stage 1 - Initial Construction for 8 mgd LPRO system completed by August 2008 - Approximately ten new raw water Floridan wells will be drilled to provide a total of 21.3 mgd of raw water that will be used to produce 16 mgd of membrane, permeate water for the build-out plant capacity - New raw water main - New LPRO facility with 8 mgd of membrane permeate capacity expandable to 16 mgd permeate at build-out of plant site TASK ORDER NO. U04-08-02 EPX PROJECT PHASE 1 - PROGRAM MANAGEMENT - New membrane concentrate waste disposal system - New 5 MG ground storage tank · Stage 2 - Build-out Construction for LPRO system to produce a total 16 mgd of membrane permeate by 2013 - Addition of 8 mgd of LPRO capacity - Addition of a second 5 MG ground storage tank - Decommissioning of existing lime softening plant To implement Stage 1 of the EPX Project, the City chose five consultants to provide professional engineering services and serve as a highly qualified team focused on the project's mission and goals. Because of the magnitude of the project, five separate activities/priorities were identified and a consultant assigned to each to take advantage of each consultant's resources and specialization. Each consultant was chosen for the firm's particular expertise and represents the best .talent for the project.~- By choosing the best "people" and working together as a "team", the EPX Project will achieve innovation and excellence as mirrored in the City's team-based management style and the Utilities Department vision off Creating value for our customers and community by achieving excellence in service, products, and environmental quality. PEOPLE- TEAMWORK- INNOVATION The EPX Project team consists of the following consultants with their respective project responsibilities: · Globaltech, Inc. - Program Management · CH2M Hill, Inc. - Floridan Aquifer Well Field Development · Kimley-Horn and Associates - Water Treatment Plant Design and Site Plan Development · Metcalf & Eddy- Off-Site Pipelines Development · Arcadis G&M, Inc. - Membrane Concentrate Disposal Development Each EPX Project team member will be contracted individual and will be responsible for their portion of the work. However, the expression of ideas or concerns among all EPX Project team members has been established to provide the best work product possible. The City's Utilities Department Sr. Project Manager will provide the overall direction for the EPX Project. However, Globaltech, Inc. will serve as the overall program manager for the EPX Project by providing day-to-day management, oversight, and coordination with and among the City and the other EPX Project team members. Project Execution The design and construction of the EPX Project Stage 1 by the EPX Project team shall be executed in two phases. TASK ORDER NO. U04-08-02 EPX PROJECT PHASE 1 - PROGRAM MANAGEMENT · Phase 1 - Conceptual/Preliminary Design Phase · Phase 2 -Design and Construction Phase The task orders for Phase 1 will address the work required to construct the Stage 1 improvements on or before August 2008. However, considerations required for the expansion of Stage 2 will be included with the overall design and construction concepts developed in Phase 1. In general, the Conceptual/Preliminary Design Phase work by the EPX Project team will accomplish the following: · Select well site locations · Construction of two Floridan aquifer test wells to determine water quality and water withdrawal rates for well and plant process sizing · Identify raw water main routing considerations · Develop the flew East WTP Water site lay6ut to include the new LRPO facilities and the existing facilities · Develop the treatment process criteria to be used in Phase 2 design work · Determine the most feas~le membrane concentrate disposal option(s) and provide design criteria for the most feas~le disposal option(s). · Determine budgetary cost for all improvements Services to acquire the land for raw water wells sites, membrane concentrate disposal site, and easement are not included in the scope of any of the EPX Project team members. The City will engage a separate Consultant for these services. Based on the results of the Conceptual/Preliminary Design Phase 1, the plans and specifications for construction will be prepared in the Phase 2 - Design and Construction along with construction services. These services are to be provided in subsequent task orders following the completion of the Phase ! services. Project description for Globaltech's Program Management activity under the EPX Project Phase 1 services is provided in the remainder of this task order. B. Project Description for Globaltech, Inc. Because of the large magnitude of the EPX Project, the EPX Project has been subdivided into five individual activities. GLOBALTECH, Inc. (CONSULTANT) will provide program management services providing a single point of management respons~ility for planning, design management, and permitting compliance for the EPX Project team. GLOBATECH will coordinate and manage the other individual EPX Project team members to obtain 'benefits not available from managing each project activity individually. GLOBALTECH will provide the project and team with a partnership that will enable the team to accomplish their goals and to establish the following: TASK ORDER NO. U04-08-02 EPX PROJECT PHASE 1 - PROGRAM MANAGEMENT · A highly qualified team focused on the program's mission and goals · Continuity throughout the program's lifecycle · Flexible access to a wealth of professional and specialized resources among the EPX Project team · Accelerated schedules and comprehensive financial controls · Point of communication among the EPX Project team and the City GLOBALTECH shall provide coordination with the EPX Project team, community involvement, program organization, master permit planning, master scheduling, and pre- design planning as described below. C. Scope of Services GLOBALTECH shall provide program management services as descried below for the duration Conceptual/Preliminary.Design Phase 1 of the EPX Project. Task 1 -EPX Team Coordination and Support GLOBALTECH shall schedule and attend bi-monthly meetings with the EPX Project team. Meetings shall include EPX Project progress meetings and Technical Review Committee (TRC) meetings in which project status and issues related to the conceptual/preliminary design issues will be discussed with the EPX Project team members. It is anticipated that two members from GLOBALTECH will attend each meeting and that the task duration wffi be 18 months (total of 36 meetings). During this phase of the work GLOBALTECH, with the input of the CITY and others, will develop the priorities and respons~ilities for the Program. The successful implementation of the EPX Project will require coordination, discussion, and review with other EPX team members outside of the bi-monthly review meetings. It is anticipated that one member from GLOBALTECH will attend twelve additional meetings with the individual EPX Project team members (total of 24 meetings). During this phase of the work GLOBALTECH, with the input of the CITY and others, will develop the priorities and responsibilities for the Program. Task 2 - Public Outreach Task 2 consists of a number of sub-elements to support the EPX Project team and project. Task 2.1 - Grant Application GLOBALTECH shall coordinate with EPX Project team members that will be applying for grants on behalf of the City and attend meetings with the grant agencies as required CH2M HILL and ARCADIS are anticipated to make grant application to the SFWMD. TASK ORDER NO. U04-08-02 EPX PROJECT PHASE 1- PROGRAM MANAGEMENT Task 2.2 - Community Involvement GLOBALTECH shall assist the CITY with a public information plan sufficient to keep the public informed of the status and progress of the Program as it proceeds. GLOBALTECH shall prepare for, participate in, and conduct public information meetings as deemed appropriate by the CITY. At the request of the CITY staff, GLOBALTECH will attend and participate in City Commission meetings and provide updates to the City Commission. In addition to time spent at the meetings, this task will provide additional funding for the preparation of summary materials and visual aids. GLOBALTECH will provide necessary exhibits for display at public meetings and will coordinate visual aids with CH2M HILL whom is providing graphic assistance. GLOBALTECH shall create a web site for the public to access that will descn'be the EPX project. The web site will provide background for the project, anticipated schedule, and project progress and status. Task 2.3 - Technical Paper Preparation and Public Awareness To promote the CITY and the EPX Project, GLOBALTECH has been requested to allocate funding to prepare technical papers and/or make presentations regarding the EPX Project to professional societies, civic groups, or trade organizations. To this effect, a $5,000 allowance has been dedicated to this subtask. Task 2.4 - Permitting Seminars and Pre-permitting Activities It is anticipated that the EPX Project team will host several pre-permitting events to inform and update the regulatory agencies as to the goals of the CITY~ EPX Program. Early meetings will provide an overview of the program, however, as the program progresses, preliminary reviews and technical issues will be discussed to gain pre. approval from the permitting agencies. GLOBALTECH will organize and conduct a permitting round table seminar inviting all the relevant permitting agencies. GLOBALTECH will also attend separate regulatory agency meetings with the EPX Project team member as required to keep abreast of the regulatory impacts to the CITY. Task 3 - Program Organization GLOBALTECH shall provide the following for the program organization for the Conceptual/Preliminary Design Phase 1 of the EPX Project: Personnel and services necessary to organize and monitor the execution of the Program. · Plan and organize the Program such that the projects can be planned, designed, and constructed within the time parameters established for the Program. · Assist the CITY in developing and reviewing scopes of work, special contract provisions and project concept reports with the EPX Project team members for the following portions of work: TASK ORDER NO. U04-08-O2 EPX PROJECT PHASE 1 - PROGRAM MANAGEMENT - CH2M HILL, Inc. - Floridan Aquifer Well field Development - Kimley-Hom and Associates - Water Treatment Plant Design and Site Plan Development - Metcalf & Eddy- Off-Site Pipelines Development - Arcadis G&M, Inc. - Membrane Concentrate Disposal Development Assist the CITY with developing a filing system adequate to handle all project documentation including correspondence, planning, design, and construction documents. A web-based electronic storage system for files created for the EPX project shall be maintained · Prepare presentation materials adequate to descn'be project status and progress and conduct regular project progress meetings · Prepare official minutes (questions/answers) of EPX Project progress meetings, TRC meetings, and regulatory agency meetings for the CITY;s review, approval, and dissemination · Review and processes other consultant ' invoices adhering to CITY's requirements and stated level of completion · Review and determine validity of consultant claims for extra work and/or extensions of time for performance of services Task 4 - Master Schedule GLOBALTECH shall prepare and update a master schedule for the Program. The schedule shall detail phase duration's for planning, design, right-of-way acquisition, site acquisition, and construction activities for the each EPX Project Phase i activity. The CITY, EPX Project team members and others, will provide schedule information relating to the projects listed above to GLOBALTECH for inclusion in the overall master schedule. This master schedule will be monitored and reviewed throughout the life of the Program as conditions dictate Task 5 - Pre-Design Planning GLOBALTECH shall provide the following for the pre-project planning for the Conceptual/Preliminary Design Phase lof the EPX Project: · Review each EPX Project team member's design criteria for all aspects of the design · Prepare summary of cost estimates for each portion of the project as developed by the EPX Project [eam members · Attend meetings between CITY and landowners during land and easement acquisitions TASK ORDER NO. U04-08-02 EPX PROJECT PHASE 1 - PROGRAM MANAGEMENT Task 6 - Test Well Construction and Testing Two test wells will be constructed during the Conceptual/Preliminary Design Phase 1. These wells will provide water quality and hydraulic data to develop design criteria for the EPX Project team. GLOBALTECH shall provide services in coordination with CH2M HILL's efforts to construct the test wells. · Review drawings and specifications prepared by CH2M HILL and provide comments to the City's Senior Project Manger · Attend and conduct pre-bid meetings · Assist with the review and preparation of addenda, if requked · Review Bid Tabulation prepared by CH2M HILL and provide recommendation for lowest qualified bidder to the City's Senior Project Manager · Attend and Pre-construction Conference Attend monthly progress meeting. Review meeting minutes prepared by CH2M HILL · Review weekly construction summaries as provided by CH2M HILL resident inspector · Review field and change order requests as initiated by CH2M HILL. Provide recommendations for field and change order requests to the City's Senior Project Manager · Review pay requests provided by CH2M HILL and make recommendation for payment to the City's Senior Project Manager · Attend project close out walk through inspection and provide written comments to CH2M HILL · Review and disseminate water quality analysis and test well report prepared by CH2M HILL to the EPX Project team D. Assumptions · The CITY will be respons~le for conducting the necessary land and easement acquisitions analysis and setting up and conducting meetings with individfial landowners · All tasks will be conducted on a time and material basis E. Contract Reference This Task Order shall be performed under the terms and conditions described within the Agreement for General Consulting and Engineering Services dated November 18, 2003 between the CITY of Boynton Beach and GLOBALTECH, Inc. TASK ORDER NO. U04-08-02 EPX PROJECT PHASE 1 - PROGRAM MANAGEMENT F. Additional Services Additional services will be provided to the CITY or other EPX Project team members as directed by the CITY on a time and materials basis. Scope and fee to amend this task order will be submitted to the CITY for review and approval prior to initiating additional work. Additional items may include supplemental presentations and coordination with other CITY projects and activities. G. Obligations of the City In addition to the specific activities identified in this scope of work, the CITY is obligated to provide the following: Provide available data, as requested, to complete the tasks identified in this scope of work · Attend requested meetings · Provide timely reviews of deliverable materials with comments incorporated into a single document · All permitting fees H. Deliverables The following deliverable are included in this project: Task 1 - None Task 2 - Project web site and presentation material for public meetings, agency round table, and white papers Task 3 - Meeting Minutes, electronic files, web-based documents. Task 4 - EPX Project master schedule Task 5 - Review comments for design criteria, summary of costs Task 6 - Recommendations for bid award, progress payment, punch list. 10 TASK ORDER NO. U04-08.-02 EPX PROJECT PHASE 1 - PROGRAM MANAGEMENT I. Compensation Compensation by the CITY to GLOBALTECH for all tasks will be on a not-to-exceed basis in accordance with the above-mentioned Agreement. Individual task limits will not be exceeded without prior written authorization from the CITY. The compensation for the services descn'bed in Task 1 - 6 of this Task Order is $231,220 as shown in the summary table below and the attached estimate of costs. Work completed by GLOBALTECH will be invoiced monthly on a labor and expense basis per the above agreement. Labor Labor Hours Cost Task Designation Expenses Total Cost 1..EPX Team Coordination and Support 720 $56,880 $650 $57,530 2. Public Outreach 354 $29,790 $12,600 $42,390 3. Program Organization 800 $66,400 $2,900 $69,300 4. Master Schedule 90 $7,950 $200 $8,150 5. Pre-Design Planning 382 $33,910 $700 $34,610 6. Test Well Construction and Testing 212 $18,940 $300 $19,240 Totals 2,558 $213~870 $17~350 $231~220 J. Schedule GLOBALTECH will commence work upon receipt of written authorization and complete work associated with this Task Order in accordance with the attached master schedule developed by the EPX Project team. As this is a team effort between five consultants retained by the CITY, GLOBALTECH will adhere to the master schedule agreed by the EPX Project team and the CITY. 11 TASK ORDER NO. U04-O&02 EPX PROJECT PHASE 1 - PROGRAM MANAGEMENT DATED this day of ,2004. CITY OF BOYNTON BEACH GLOBALTECH, INC. Kurt Bressner Lyn, . . City Manager Vice President Attest/Authenticated: City Clerk (Corporate Seal) Approved as to Form: Attest/Authenticated: Office of the City Attorney Notary ~ ,,,~,,,, Deborah Misterka ~.%6~"~ Commission #DD225415 -~i~ Expires: Jun 22, 2007 ~',~,~'"' Atlantic Bonding Co., Irm. 12 TASK ORDER NO. U044)8~)2 EPX PROJECT PHASE 1 - PROGRAM MANAGEMENT ATFACHMENT 1 COST ESTIMATE PHASE 1 Attachment 1 - Estimate of Costs for EPX Project Phase 1 - Program Management Labor Labor l?asl~Description Class Hrs Rate Labor Exp Subtotal 1 IEPX Team Coordination and Support - EPX Prog Mts (18 mts x 6 hfs/mrs) Sr. Eng. 108 $ 95 $ 10,260 $ 200 $ 10,4604 Sr. Eng. 108 $ 95 $ 10,260 $ 10,260 Admin 72 $ 35 $ 2,520 $ 2,520 EPX TRC Mts (18 mts x 6 hfs/mrs) Sr. Eng. 108 $ 95 $ 10,260 $ 200 $ 10,460 Sr. Eng. 108 $ 95 $ 10,260 $ 10,260 Admin 72 $ 35 $ 2,520 $ 2,520 EPX Team Coot Mts (24x4 mts/mt) Sr. Eng. 96 $ 95 $ 9,120 $ 250 $ 9,370 Admin 48 $ 35 $ 1,680 $ 1,680 Subtotal 720 $ 56,880 $' 650 $ 57,530 2 Public Outreach' 2.1 Grant Application Coordination with EPX Project Team Sr. Eng. 30 $ 95 $ 2,850 $ 2,850 2.2 Community Involvment Public mts/Commission mrs Sr. Eng. 60 $ 95 $ 5,700 $ 1,000 $ 6,700 Sr. Eng. 20 $ 95 $ 1,900 $ 1,900 Admin 20 $ 35 $ 700 $ 700 Project Web Site Sr. Eng. 80 $ 95 $ 7,600 $ 6,000 $ 13,600 Admin 20 $ 35 $ 700 $ 700 2.3 i Technical Paper Preparation and Public Awarness [ [ $ ,ooo $ 5,000 2.4 Permitting Seminars and Pre-permitting Activities Regulatory Round Table Sr. Eng. 40 $ 95 $ 3,800 $ 500 $ 4,300 Admin 24 $ 35 $ 840 $ 840 EPX Team Member Support Sr. En~. 60 $ 95 $ 5,700 $ 100 $ 5,800 Subtotal 354 $ 29,790 $12,600 $ 42,390 3 Program Organization Program Planning and Ogranization Sr. Eng. 120 $ 95 $ 11,400 $ 11,400 Admin 20 $ 35 $ 700 $ 700 Scope Development/Review Sr. Eng. 80 $ 95 $ 7,600 $ 100 $ 7,700 Admin 20 $ 35 $ 700 $ 700 Filing System/Web Base Documents Sr. Eng. 80 $ 95 $ 7,600 $ 1,000 $ 8,600 Admin 40 $ 35 $ 1,400 $ 1,400 Progress Meeting Preparation Sr. Eng. 40 $ 95 $ 3,800 $ 1,000 $ 4,800 Admin I0 $ 35 $ 350 $ 350 Meeting Minutes Preparation Sr. Eng. 136 $ 95 $ 12,920 $ 500 $ 13,420 Admin 40 $ 35 $ 1,400 $ 1,400 ProgxessPayment Review Sr. Eng. 144 $ 95 $ 13,680 $ 200 $ 13,880 Admin 20 $ 35 $ 700 $ 700 Review of Extra Work Claim Sr. Eng. 40 $ 95 $ 3,800 $ 100 $ 3,900 Admin 10 $ 35 $ 350 $ 350 Subtotal 800 $ 66,400 $ 2,900 $ 69,300 4 Master Schedule Master SchedulePrep/Updates Sr. Eng. 80 $ 95 $ 7,600 $ 200 $ 7,800 Admin 10 $ 35 $ 350 $ 350 Subtotal 90 $ 7,950 $ 200 $ 8,150 4/8/04 1 GT EPX Concept fee final.xls/Fees Attachment 1 - Estimate of Costs for EPX Project Phase 1 - Program Management Labor Labor Tasl~ Description Class Hrs Rate Labor Exp Subtotal 5 Pre-Design Planning Design Criteria Review Raw Water Supply Wells Sr. Eng. 24 $ 95 $ 2,280 $ 100 $ 2,380 Sr. Eng. 32 $105 $ 3,360 $ 3,360 Water Mains Sr. Eng. 24 $ 95 $ 2,280 $ 100 $ 2,380 Sr. Eng. 32 $ 95 $ 3,040 $ 3,040 Water Treatment Plant Sr. Eng. 30 $ 95 $ 2,850 $ 100 $ 2,950 Sr. Eng. 60 $ 95 $ 5,700 $ 5,700 Concentrate Disposal Sr. Eng. 20 $ 95 $ 1,900 $ I00 $ 2,000 Sr. Eng. 30 $105 $ 3,150 $ 3,150 Admin 40 $ 35 $ 1,400 $ 1,400 Summary of Cost Estimates Sr. Eng. 40 $ 95 $ 3,800 $ 100 $ 3,900 Admin 10 $ 35 $ 350 $ 350 Land/Easment Acquisition Meetings Sr. Eng. 40 $ 95 $ 3,800 $ 200 $ 4,000 Subtotal 382 $ 33,910 $ 700 $ 34,610 6 Test Well Constuction and Testing Drawing/Spec Review Sr. Eng. 20 $ 95 $ 1,900 $ 50 $ 1,950 Attend Pre-bid Meeting Sr. Eng. 4 $ 95 $ 380 $ 380 Addenda Review/Preparation Sr. Eng. 8 $ 95 $ 760 $ 760 Bid Tab Review/Recommendation Sr. Eng. 8 $ 95 $ 760 $ 760 Attend Pre ConsL Conf. Sr. Eng. 8 $ 95 $ 760 $ 760 Atttend Montly Progess Meetings Sr. Eng. 16 $ 95 $ 1,520 $ 100 $ 1,620 Review Weekly ConsL Summaries Sr. Eng. 56 $ 95 $ 5,320 $ 5,320 Review Field Order/Change Orders Sr. Eng. 20 $ 95 $ 1,900 $ 1,900 Site Visit Sr. Eng. 20 $ 95 $ 1,900 $ 100 $ 2,000 Progress Payment Review Sr. Eng. 20 $ 95 $ 1,900 $ 1,900 Project Closeout Walk Through Sr. Eng. 8 $ 95 $ 760 $ 760 Review and Disseminate Test Data Sr. Eng. 4 $ 95 $ 380 $ 50 $ 430 Admin 20 $ 35 $ 700 $ 700 Subtotal 212 $ 18,940 $ 300 $ '19,240 TOTAL 2,558 $ 213,870 $ i7,350 $ 231,220 4/t~n:~4 2 (3'1' EPX Cor'~ep~ fee flnal.xgs/Fees TASK ORDER NO. U04-08-02 EPX PROJECT PHASE 1 - PROGRAM MANAGEMENT ATTACHMENT 2 MASTER SCHEDULE CH2M HILL, INC. TASK ORDER U04-5-06 EAST PLANT EXPANSION Task Order No. U04-5-06 ~O~,,~,ON AGENDA 5/18/04 City of Boynton Beach East Water Treatment Plant Expansion Stage 1 Conceptual/Preliminary Design Phase 1 Engineering Service for the Siting, Preliminary Design, Test Well Construction and Evaluation of a Floridan Aquifer Well Field A. Background The City of Boynton Beach (City) is embarking on a major improvement project for the City's East Water Treatment Plant (WTP). The project named "East Plant Expansion" (or "EPX" for short) will address the City's future water needs. Currently, the South Florida Water Management District (SFWMD) limits the quantity of water available for withdrawal from the City's primary source of water, the surficial Biscayne aquifer, for potable water use. If not addressed, this existing water withdrawal restriction will create water shortages for the City in the future. Water Supply. The EPX Project will resolve the potential water shortage issues by changing the East WTP's primary water source from the existing surficial Biscayne aquifer to the deeper more plentiful upper Floridan aquifer. Due to these withdrawal limitations and restrictions placed on the surficial Biscayne aquifer, the City is turning to the Floridan aquifer as an additional alternative water source to the surficial Biscayne aquifer in order to meet its future water demands. The change in the primary water source will provide the City with an adequate water supply and help the environment by reducing the potential for salt-water intrusion into the surrounding area's groUndwater near the East WTP. Water Treatment. By changing the primary water source to the upper Flo-ridan aquifer, the EPX Project will also change the water treatment process at the East WTP from lime softening to a low-pressure reverse osmosis (LPRO) treatment system. The new LPRO treatment process will produce fresh water from the brackish upper Floridan aquifer water source. The LPRO membrane treatment process is similar to the existing membrane softening process at the West WTP and will produce a higher quality of water that is low in color and hardness than currently produced by the existing lime treatment process at the East WTP. The new LPRO membrane treatment process also provides the City with the best available DFB~H2M HILL SOW 032504. D0C 1 TASK ORDER NO. U04-5-06 EPX PROJECT PHASE 1 - FLORIDAN AQUIFER WELL FIELD DEVELOPMENT technology to meet the existing and pending water quality requirements of the Environmental Protection Agency. To assist the City with Stage 1 of this large project, the City has assembled a team of five Consultants to provide professional services for the planning, preliminary design, design, permitting and construction of the required facilities. The EPX Project team consists of the following consultants with their respective project responsibilities: · Globaltech, Inc. - Program Management · CH2M Hill, Inc. - Floridan Aquifer Well field Development · Kimley-Horn and Associates - Water Treatment Plant Design and Site Plan Development · Metcalf & Eddy - Off-Site Pipelines Development · Arcadis G&M, Inc. - Membrane Concentrate Disposal Development The City will engage each Consultant separately for the Stage 1 work in two separate design phases: · Phase 1 - Conceptual/Preliminary Design Phase · Phase 2 -Design and Construction Phase In general, the Conceptual/Preliminary Design of Phase ! to be conducted by the EPX Project team will accomplish the following: · Select well site locations Provide for the construction of two Floridan aquifer test wells to determine water quality and water withdrawal rates for well and plant process sizing · Identify raw water main routing considerations · Develop the new East WTP Water site layout to include the new LRPO facilities and the existing facilities · Develop treatment process criteria to be used in Phase 2 design work · Determine the most feasible membrane concentrate disposal option(s) and provide design criteria for the most feasible disposal option(s). · Identify permitting requirements for improvements · Determine budgetary cost for improvements Based on the results of the Conceptual/Preliminary Design of Phase 1, the development of plans and specifications will be conducted in Phase 2, along with the construction s~ervices. These Phase 2 services are to be provided in subsequent task orders following the completion of the Phase I services. Services to acquire the land for raw water wells sites, membrane concentrate disposal site, and easements are not included.in the scope of any of the EPX Project team members. DFB~CH2M HILL SOW 03~04.D0C 2 TASK ORDER NO. U04-5-06 EPX PROJECT PHASE 1 - FLORIDAN AQUIFER WELL FIELD DEVELOPMENT Project description for CH2M Hill's Floridan Aquifer well field development activity under the EPX Project Phase 1 services is provided in the remainder of this task order. B. Project Description for CH2M Hill Raw water for the City of Boynton Beach's East WTP is supplied from a series of surficial aquifer wells located on and around the East WTP site. By August 2008, the City is committed to installing a LPRO treatment process at the EAST WTP using source water from the upper Floridan aquifer (UFA). It is anticipated that 10 wells will be necessary to yield the water necessary to meet the ultimate facility capacity of 16 million gallons per day (mgd). Further it is anticipated that each of the 10 wells will be constructed to a depth of approximately 1,200 feet below ground surface and will yield 1,500 gallons per minute (2.3 mgd). This Task Order provides the initial services necessary to construct the well field and consists of preliminary evaluation (performance modeling), well siting, test well construction, and test well evaluation. Data provided from this task order will be critical to the City's ability to meet the goal established in the Water Use Permit (WUP) issued by the SFWMD. Spedfic information that will be developed from this task order will include the following: · Optimum well spacing and yield · Locations for production wells and parcel identification numbers · Anticipated water quality to be provided to the new treatment system · Aquifer parameters necessary to support permitting activities In addition, it is recognized that with the execution of this task order, CH2M HILL will become a member of the EPX project team. As a member said team, CH2M HILL will have an. obligation to provide timely commtmication of activities and status of the project with the CITY's Senior Project Manager, Program Management staff, and other members of the EPX project team. This task order will consist of two components. The first component will consist of preliminary aquifer evaluation and the identification of locations for siting new Floridan aquifer wells. This work will culminate in the preparation of a report summarizing ideal well spacing, site selection criteria, site identification, and site justification. The report and the proposed locations will be submitted to the CITY for acceptance and acquisition of the required properties or ratified utility/well easements. The second component will consist of test well construction and testing. Up to two well locations will be identified at the extreme reaches of the proposed well field. Ideally, the properties on which the test wells will be constructed will be owned or easily accessed by the CITY for the construction of the test and monitor wells. Test DF-IACH2M HILL SOW 03,?.504.DOC 3 TASK ORDER NO. U04-5-06 EPX PROJECT PHASE 1 - FLORIDAN AQUIFER WELL FIELD DEVELOPMENT wells will be constructed and tested at the proposed locations to evaluate aquifer performance and water quality. Following the completion of the testing program, CH2M HILL will prepare a testing report summarizing the results of the field evaluation. Data provided from the aquifer performance tests will be used to model the impact of the full-scale production of the well field on the aquifer and on adjacent Floridan aquifer users and will ultimately be used to support the CITY's application for water use to the SFWMD. C. Scope of Services This scope of services provides for coordination with the EPX project team, preliminary aquifer evaluation, well siting, well siting report preparation, test well design, bid phase services, test well construction, construction management, well testing, and preparation of the final test well report. Task 1 - Coordination with the EPX Project Team It is anticipated that CH2M HILL will attend bi-monthly meetings of the EPX Project team at the CITY's East WTP. During the meetings, project status will be discussed and issues related to testing, data coordination, and design issues will be discussed. The bi-monthly meetings may also serve as an opportunity to provide technical review function as a Technical Review Committee. It is anticipated that two members from CH2M HILL will attend each meeting and that the task duration will be 18 months (total of 36 meetings). Task 2 - Public Outreach and EPX Project Team-Support Task 2 consists of a number of sub-elements to support the EPX Project team and the EPX Program. All of Task 2 activities have been budgeted in the form of an allowance and will be performed on a time and materials basis. Therefore, a labor breakdown is not provided for this task. Task 2.1 - Grant Application for Alternative Water Sources A grant application to the SFWMD will be prepared for alternative water supply. The grant will be directed toward the installation of the test wells that will be constructed prior to the well field implementation. A draft application will be submitted to the CITY for review by March 29~ 2004. The application will be submitted to SFWMD by April 1, 2004. A $10,000 allowance will be dedicated to the preparation and coordination of the grant application. This task will also cover review meetings and presentation to SFWMD. Task 2.2 - Coordination with'EPX Project Team Members The successful implementation of the EPX Project will require coordination, discussion, and review with other EPX Project team members outside of the bi- monthly review meetings. Because the well field task occurs early in the planning process, many of the EPX Project team members will be relying on assumptions and data produced from this study. This task will provide scope and fee to coordinate DF'I~CH2M HILL SOW 032504.DOC 4 TASK ORDER NO. U04-5-06 EPX PROJECT PHASE 1 - FLORIDAN AQUIFER WELL FIELD DEVELOPMENT with EPX Project team members. A $10,000 allowance will be dedicated to this subtask. Task 2.3 - Attendance at City Commission Meetings At the request of the CITY staff, CH2M HILL will attend and participate in up to three City Commission meetings to support the EPX Program and to provide updates to the City Commission. In addition to time spent at the meetings, this task will provide additional funding for the preparation of summary materials and visual aids. A $5,000 allowance will be dedicated to this subtask. Task 2.4 - Technical Paper Preparation and Public Awareness To promote the CITY and the EPX Program, CH2M HILL has been requested to allocate funding to prepare technical papers and/or make presentations regarding the EPX Program to professional societies, civic groups, or trade organizations. CH2M HILL is prepared to be a partner in this effort and will contribute to this effort. To this effect, a $5,000 allowance has been dedicated to this subtask. Task 2.5 - Permitting Seminars and Pre-permitting Activities It is anticipated that the EPX Project team will host several pre-permitting events to inform and update the regulatory agencies as to the goals of the CITY's EPX program. Early meetings will provide an overview of the program, however, as the program progresses, preliminary reviews and technical issues will be discussed to gain pre-approval from the permitting agencies. An allowance of $5,000 has been dedicated to this subtask. Task 2.6 - Graphics Assistance to EPX Project Team Program Manager CH2M HILL has been requested to provide the EPX Project team program and Program Manager with graphics assistance. This may be provided in the form of visual aids for presentation, maps, logos, or web sites and may be in the form of printed or electronic media. To provide this assistance, a $10,000 allowance has been dedicated to this subtask. Task 3 - Supply Well Site Selection Criteria Task 3.1 - Preliminary Well Siting Evaluation Prior to evaluating parcels of land for siting new wells, CH2M HILL will perfo.rm a preliminary evaluation to identify ideal well yields and spacing. CH2M HILL will start with the hydrogeologic data compiled during the previous preliminary siting analysis of Floridan aquifer wells for the CITY's West WTP (CH2M HILL, April 2003). This information will be compiled and updated based on information regarding other wells that may be have been constructed in the general area since the previous report was completed and summarized in a tabular format, and will be used as model input to assist in the optimization evaluation. A conceptual groundwater model will be established with variable well spacing and pumping rates to evaluate potential impacts to adjacent users of the Floridan DFI~H2M HILL SOW 032504.DOC 5 TASK ORDER NO. U04-5-06 EPX PROJECT PHASE 1 - FLORIDAN AQUIFER WELL FIELD DEVELOPMENT aquifer. The goal of the model will be to yield the ideal number of wells, their possible locations, estimated yields, optimal separation, and potential impacts on other users. The results of the modeling evaluation will be summarized in the well siting report. Task 3.2 - Kickoff Meeting and Site Selection Criteria CH2M HILL will conduct a kickoff meeting with EPX Project team to develop criteria and performance measures for selecting the most feasible supply well sites. Criteria may include cost, land use and ownership impacts on other users of the Floridan aquifer, etc. The selection criteria will be divided into two parts: · Screening criteria · Final selection criteria The first set of criteria will be used to screen alternatives that clearly do not meet minimum requirements established by the CITY. The second set of criteria will be used to evaluate well siting alternatives and require that the CITY assign specific level of relative importance to each. This assignment of relative performance or "weighting" is important when analyzing the final set of alternatives and understanding the tradeoffs between alternatives. A matrix of the criteria, along with respective performance measures and relative weights will be developed and used to evaluate the various sites selected for the supply wells. Much of this work has previously been conducted under Task Order 18 - West Well Field Siting Study, and can be incorporated into this task. CH2M HILL will prepare a meeting agenda and summary. The meeting sununary will be distributed to the EPX Project team members and will identify action items and a schedule for completion. Task 3.3 - Prepare Technical Memorandum A summary of the preliminary well siting evaluation, kickoff meeting, a listing and description of the selection criteria, performance measures and weighting, along with a sample input of the decision model will be presented to the CITY in the form of a Technical Memorandum. Five copies of the draft TM will be submitted to the CITY for review. Upon receiving and incorporating comments, five final copies of the Final TM will be submitted to the CITY as part of the final report deliverable. Task 4 - Siting Analysis and Opinion of Cost Following the completion of Task 3, a more detailed analysis of possible well locations will be developed, including and order of magnitude opinion of cost. ~H2M HILL SOW 0,32504.DOC TASK ORDER NO. U04-5-06 EPX PROJECT PHASE 1 - FLORIDAN AQUIFER WELL FIELD DEVELOPMENT Task 4.1 - Obtain Available Maps and GIS Information from the CITY and County Available GIS coverages and electronic maps in and around the CITY's water service area will be obtained from the CITY and appropriate County and public agencies - Planning and Zoning, Department of Environmental Resources Management, Property Appraiser's and Tax Offices, SFWMD, etc. Coverages that are expected to be obtained from the CITY and other agencies include: · Major and minor roads, · surface water bodies, · land use, · zoning, · contaminated sites, · property ownership, · existing transmission and distribution pipelines · other data (electrical power, fiber optic, and cable utilities), as required It is expected that some minor manipulation of the above data will be required for compatibility purposes when importing the various maps. Task 4.2 - Overlay GIS Coverages and Produce Composite Maps After each of the above available GIS coverages and maps have been inputted, a composite overlay map of the CITY's water service area will be developed overlaying the project area aerial map. This figure will be used to assist in screening the well locations and will serve as the base map for the remainder of the project. Coordination with the conveyance consultant on the EPX Project team will also occur at this juncture. Task 4.3 - Site Alternative Screening Based on the available maps and GIS coverages and the local knowledge of the area, a meeting will be held with the CITY to screen alternatives that are suitable for siting the water supply wells and associated infrastructure. Site alternative screening will also consider the results of the preliminary aquifer evaluation conducted in Task 3.1. Task 4.4- Develop Well Site Locations Based on the screening analysis and discussions with the CITY and EPX Project team members, potentially feasible locations for the Floridan aquifer water supply wells will be selected. Locations considered will be at or as dose to the East WTP as possible and will be mapped on the GIS base map. The number of locations that will be required to accommodate the anticipated ten (10) Floridan aquifer water supply wells is not yet known since it is possible that each site may allow for the siting of more than one supply well, while others may only accommodate one. Various combinations of potential well site locations will be developed for further evaluation in Task 5. DFB~CH2M HILL SOW 032504.D0C 7 TASK ORDER NO. U04-5-06 EPX PROJECT PHASE 1 - FLORIDAN AQUIFER WELL FIELD DEVELOPMENT Task 4.5 - Conduct Field Inspection of Proposed Candidate Locations Following the mapping of the possible locations, a field evaluation will be conducted with the CITY to review site-specific constraints that are not shown on the GIS coverages and to verify the proposed locations. The sites will also be evaluated with respect to the impacts of FAC 62-555 (i.e. sanitary hazards and required easements and setbacks) on well sites and land acquisition and also for compliance with well field protection issues described by PBC DERM. Based on these constraints, the alternative sites may be revised or eliminated. The revised site locations will be incorporated into the final GIS base map or project site selection figure. Task 4.6 - Well field Layout Concept A preliminary wellfield layout concept will be developed to maximize potential production from the supply wells while minimizing impacts to adjacent users of the Floridan aquifer, as well as minimizing interference between the proposed water supply wells. Raw water transmission pipeline routing will be discussed with the conveyance consultant of the EPX project team. Task 4.7 - Prepare Technical Memorandum A summary of the site alternatives screening, the field evaluation, and a description and printout of the final site locations will be presented to the CITY in a Technical Memorandum. Several tasks associated with land and easement acquisition will be conducted independently by the CITY and information obtained from this separate effort will be incorporated in the Technical Memorandum. Five copies of the draft TM will be submitted to the CITY and select EPX Project team members for review. Upon receiving and incorporating comments, five final copies of the TM will be submitted to the CITY and EPX Project team as part of the final report deliverable. City-Assigned Tasks As part of Task 4, the CITY will contract with others to conduct analysis of probable costs associated with land and easement acquisition and will meet with landowners to assess their willingness to sell or allow access by the CITY. Perform a Land Acquisition Cost Analysis The CITY will conduct its own cost analysis for the locations identified in Task 4. The cost analysis will include an estimate of probable cost for the acquisition of the properties identified. Meeting with Land Owners The CITY will conduct a meeting with landowners to determine if owners of potential well sites will consider selling properties of interest or allow easement access to such properties. D~H2M HILL SOW 032504. D0C 8 TASK ORDER NO. U04-5-06 EPX PROJECT PHASE 1 - FLORIDAN AQUIFER WELL FIELD DEVELOPMENT Task 4.8 - Develop Opinion of Probable Cost CH2M HILL will develop a planning level order-of-magnitude opinion of probable cost for each-of the principal elements of the project including purchase of properties, test welt construction, development of the supply well site(s), new wells, well pumps, well head facilities, wellfield collector piping network, and access roadway, or mitigation costs (if required). Raw water transmission pipeline costs will be discussed with members of the EPX Project team. Task 4.9 - Permitting Analysis Possible permits required to construct a Floridan aquifer well would include a Water Use Permit with SFWMD, well construction permits from SFWMD, and construction permits for public drinking water facilities from Palm Beach County Department of Heath. Other permits, such as NPDES for disposal of water during testing or other right-of-way access permits, will be determined based on the sites selected for further analysis. Permitting requirements will be identified for each~site and used to analyze the alternatives as part of Task 5. The Technical Memorandum from Task 4.7 will be updated to include the probable construction cost estimates. Five copies of the revised draft TM will be submitted to the CITY and select members of the EPX Project team for review. Upon receiving and incorporating comments, five final copies of the TM will be submitted to the CITY as part of the final report deliverable. Task 5 - Final Well Site Alternative Analysis Task 5.1 - Conduct Decision Model Analysis Following the identification of the final set of Floridan aquifer well sites, raw water transmission pipeline routing, property and cost analyses, each alternative will be measured against the final selection criteria and entered into the decision model. Induded with this analysis will be additional simulations using the g~.oundwater model developed in Task 2.1. The results of the groundwater modeling, along with other evaluation criteria will be entered into the decision model and results presented to the CITY and discussed to decide on the most feasible site for the siting of the Floridan aquifer wells. Task 5.2 - Prepare Technical Memorandum Following the meeting with the CITY and the EPX Project team, the most feasible alternative will have been selected and Technical Memorandum will be prepared summarizing the decision model results, the discussions with the CITY and the final siting of the ten (10) Floridan aquifer water supply wells. Included in the final TM will be a detailed testing plan for the two test well locations. Five copies of the draft TM will be submitted to the CITY and select EPX Project team members for review. Upon receiving and incorporating comments, five final copies of the TM will be submitted to the CITY as part of the final report deliverable. DFB~H2M HILL SOW 032504.DOC 9 TASK ORDER NO. U04-5-06 EPX PROJECT PHASE 1 - FLORIDAN AQUIFER WELL FIELD DEVELOPMENT At the conclusion of Task 5, the various technical memoranda prepared will be compiled and bound in a single report to document the well siting process. Five copies of the Well Siting Report will be provided to the CITY and EPX Project team members. Task 6 -~Design of Floridan Aquifer Test Wells Up to two locations identified in Tasks I - 5 will be used to construct Floridan Aquifer Test Wells. Test wells will be designed so that that they can ultimately be converted into full-scale productions wells. Aquifer monitor wells will also be installed at both test well locations. One observation well will be installed at each location to monitor the production zone during aquifer performance testing. In addition, one deeper observation well will also be constructed at one test well location to monitor the leakance from the lower Floridan aquifer. Services associated with~.Task 6 will be combined .with existing Task Order 17 - Engineering Services for Final Design, Bidding Services, Services During Construction and Reports for Aquifer Storage and Recovery Well ASR-2 at the City of Boynton Beach East Water Treatment Plant currently being executed by CH2M HILL. CH2M HILL will provide the following services for the City during the design of those test and monitor wells. Task 6.1 - Kick-off Meeting. CH2M HILL will meet with the CITY staff and select EPX Project team members to clarify the requirements for the project. Critical path issues (permitting, construction sequence, etc.) that will require information/guidance from the CITY before design can effectively begin will be identified. A site visit will be carried out to identify possible conflicts, determine site constraints and the CITY preferences for equipment types and location. CH2M HILL will prepare m~eting minutes of, the kick-off meeting and site visit including an action item list of critical issues requiring r~solution. Task 6.2 - Design Criteria CH2M HILL will address Outstanding design issues and summarize the preliminary design criteria for each component of the two test wells and three monitor wells. The design criteria description summaries will be incorporated into a preliminary design report or TM. After development of the design criteria, CH2M HILL will prepare the design of the wells. The design drawings and specifications will show the scope, extent,-and character of the work to be furnished and performed by a cOntractor. One set of contract documents will be prepared for both test wells. It is' expected the following list of technical specifications and drawings will be prepared: Half sized drawings (11" x 17") will be submitted at the 60% completion levels. Full sized sheets (22" x 34") will be submitted for the 90% and Final design submittals. DF'~H2M HILL SOW 032504.DOC 10 TASK ORDER NO. U04-5-06 EPX PROJECT PHASE 1 - FLORIDAN AQUIFER WELL FIELD DEVELOPMENT Specifications · Division 1 - General Requirements · Division 2 - Site Construction · Division 3 - Concrete · Division 5 - Metals · Division 9 - Finishes · Division 15 - Mechanical Drawings · Cover Sheet and Index · Vicinity and Location Maps · Abbreviations · General, Civil and Structural Legends · Yard Piping/Site Plan · Mechanical Legend · Floridan Aquifer Test Well Construction Details · Standard Details Task 6.3 - Survey A boundary survey will be necessary at the two test well sites to define property boundaries and to locate adjacent and underlying utilities. Based on the uncertain size and complexity of this task, a $5,000 allowance will be requested to provide the requisite services. CH2M HILL will solicit cost estimates from local vendors, prepare the subcontracting mechanism, direct the work, and submit draft and final copies of the survey to the CITY for review. Task 6.4 - 60% Design Review Meeting. At a time coordinated with the CITY and EPX Project team, CH2M HILL will conduct at workshop to reView the 60% Detailed Design Submittal. The workshop will consist of one meeting between the CITY, select members of the EPX Project team, and key members of CH2M HILL project team. CH2M HILL will prepare and distribute written summaries of decisions rendered. The approved written summaries will serve as the basis for proceeding with the completion of the final design. Task 6.5 - 90% Detailed Design Submittal. CH2M HILL will provide 2 sets of the 90% complete design submittal for the test and observation wells that will include the following: · Draft technical specifications · A budget level opinion of probable construction cost DF[P, CH2U HILLSOW 032504.DOC 11 TASK ORDER NO. U04-5-06 EPX PROJECT PHASE 1 - FLORIDAN AQUIFER WELL FIELD DEVELOPMENT CH2M HILL will meet with the CITY and select members of the EPX Project team to review the design and address any final comments before the design is finalized. Task 6,6 - Final Detailed Design Submittal Based upon the comments agreed upon as a result of the 90-percent review meeting with the CITY and EPX Project team members, CH2M HILL will prepare a 100 percent (final) design submittal for Floridan aquifer test and observation wells. These documents will be used to obtain competitive bids for the construction of these projects. The submittal will include: · Two sets of final (100 percent) specifications · Two sets of final (100 percent) full size drawings · Estimated Total Project Cost for the design package After acceptance by the CITY and EPX Project team members of CH2M HILL's 100- percent drawings and specifications, CH2M HILL will solicit bids from qualified firms to construct the test and observation wells. Permitting shall be carried out concurrent w/th design and prior to the Bidding Phase. Task 7 - Permitting Services As part of the test well design and construction, it is not expected that any permits will be required except for a well construction permit which is required to be obtained by the well drilling contractor. Other permits such as NPDES for disposal of water during testing or other right-of-way permits will not be known until the siting analysis is conducted in Tasks 3-6. Thus, an allowance of $25,000 will be included in this task only to be authorized by the City after a detailed scope of work and fee are developed and agreed upon by the CITY based on the permitting requirements identified. Permitting will be performed concurrently with Task 6 - Detailed Design and completed prior to Task 8 - Bid Phase Services. Task 8 - Bid Phase Services CH2M HILL will provide bid-phase services for the construction of the test'and observation wells following the guidelines outlined by the CITY in the Standard Procedures and Functions for Consultants, Procurement Services, and Program Management Team. Services provided under Task 8 will be combined with existing Task Order 17 - Engineering Services for Final Design, Bidding Services, Services During Construction and Reports for Aquifer Storage and Recovery Well ASR-2 at the City of Boynton Beach East Water Treatment Plant currently being executed by CH2M HILL. Specific functions to be performed by CH2M HILL will include the following: DFB~CH2M HILL SOW 032504.DOC 12 TASK ORDER NO. U04-5-06 EPX PROJECT PHASE 1 - FLORIDAN AQUIFER WELL FIELD DEVELOPMENT Bid Package Preparation. CH2M HILL will prepare Drawing and Specification packaging for bidding purposes.CH2M HILL will reproduce and sell construction bid documents to prospective bidders on behalf of the CITY. CH2M HILL will provide the CITY and EPX Project team Program Manager with two copies of the bid package (each for a total of four documents). Pre-Bid Meeting. CH2M HILL will assist with and attend one Pre-Bid meeting. CH2MHILL will prepare Pre-bid meeting minutes summarizing topics of discussion and providing responses to significant Bidder questions. Technical Issues. CH2M HILL will coordinate all communications with bidders on matters related to technical aspects of the design. Copies of all correspondence will be maintained with the CH2M HILL project manager and copied to the CITY. Addenda. If required, based upon questions from prospective bidder, CH2M HILL will prepare a draft addenda. The addenda will be reviewed and issued by the CITY. Bid Review. CH2M HILL will review the bids received for accuracy and prepare Bid Tabulation for review by the CITY and EPX Project team Program Manager. CH2M HILL will review Bid Documents of the apparent low bidder including payment and performance bond information, insurance information, and references. Based upon the above, CH2M HILL will issue a draft Recommendation of Award letter to the City for concurrence. A final Recommendation of Award letter will then be issued to the City for distribution to the bidders.. "As Bid" Conformed Construction Documents. CH2M HILL will produce a total of six copies of conformed "As Bid" Contract Document Specifications and Drawings, incorporating all Addenda. This will include the selected Contractor's Bid, Payment and Performance Bonds and Certificates of Insurance. The conformed construction documents will be issued to the CITY and Contractor for signature and execution. Two copies will be issued to the Contractor, two copies will be provided to the CITY, and two copies will be maintained by CH2M HILL. Drawing Copies. CH2M HILL shall provide an electronic copy and one reprodudble copy of conformed contract documents and drawings. CH2M HILL will also provide two half-sized sets of drawings. Bid Service Completion. Bid services will be considered complete upon CH2M HILL's review and providing the Contractor's executed documents and conformed contract documents to the CITY. DFB~CH2M HILL SOW 032504.DOC 13 TASK ORDER NO. U04-5-06 EPX PROJECT PHASE 1 - FLORIDAN AQUIFER WELL FIELD DEVELOPMENT Task 9 - Construction Management Support Services It is expected that construction and testing of the two test wells, and associated observation wells, will take approximately 30 weeks, depending on the site access issues. Because of the unknown time element of this work, Task 8 will be completed on a time and materials basis. CH2M HILL will be responsible for construction management an will provide the following services: Pre-construction Conference. CH2M HILL will attend and participate in one pre- construction conference with the awarded contractor, the CITY and the EPX Project team Program Manager. CH2M HILL will be responsible for preparing agenda, chairing and preparing minutes from the meeting. Monthly Progress Meetings. CH2M HILL will conduct monthly progress meetings with the awarded contractor, the CITY and the EPX Project team Program Manager. CH2M HILL will be responsible for preparing agenda, chairing and preparing minutes from the meetings. Submittal Review. CH2M HILL will review submittals from the contractor including shop drawings, product data, schedules, progress payments and will provide up to one additional review per submittal. CH2M HILL will be responsible _for receiving and distributing the submittals and corresponding directly with the CONTRACTOR. Pay Request Review. CH2M HILL will receive, review, and provide recommend- ations for payment to the CITY for work completed. Field and Change Orders. CH2M HILL will issue field change orders, requests for quotation, work change directives, and change orders as needed throughout the project. If Change Orders financially impact the project, CH2M HILL will request a meeting with the CITY and the EPX Project team Program Manager to review contract modification. Requests for Information. CH2M HILL will also review and respond to Requests for Information (RFI) and Clarification submitted by the Contractor. Project Start up and Close Out. CH2M HILL shall conduct project dose out services including: · Incorporation of as-built information provided-by the Contractor into a final set of Record Drawings. · Conducting substantial completion and final completion inspection and issuing punch lists following each inspection. DFB~FI2M HILL SOW 032504. D0C 14 TASK ORDER NO. U04-5-06 EPX PROJECT PHASE 1 - FLORIDAN AQUIFER WELL FIELD DEVELOPMENT · As part of the above inspections, CHM HILL will assist the CITY with start-up services. · Reviewing final close out change orders and payment applications from the Contractor for processing by the CITY. · Conduct one walk through inspection with CITY and EPX Project team staff prior to final acceptance by the CITY. CH2M HILL will notify and invite CITY and the EPX Project team Program Manager to all monthly meetings and close out activities. CH2M HILL will provide the construction management services for the test and observation wells on a time and materials basis. Task 10- Full Time Resident Observation CH2M HILL will conduct full-time resident observation services during the test well and associated observation well construction and testing. CH2M HILL will prepare weekly construction summaries and provide copies to the CITY and EPX Project team program manager. This task assumes that the first location (One test well and two monitor wells) will require 16 weeks to construct, while the second location (one test well and one monitor well) will require 12 weeks to construct. During the construction period, it is anticipated that a full time resident will be on site up to 40 hours per week. This accounts for probable 24-hour, 7-days per week drilling activities during casing installations, cementing and testing by the CONTRACTOR and indudes time to coordinate with SFWMD for inspections as required. Because of the unknown nature of this work, Task 10 will be completed on a time and materials basis. Task 11 - Aquifer Performance Testing Task 11.1 - Aquifer Performance Testing Following construction of the two test wells, CH2M HILL will set up and conduct aquifer performance tests on both wells to obtain aquifer parameter, water quality and flow characteristics of the upper Floridan aquifer. It is expected that both sites will indude one upper Floridan aquifer test well sized for a future production well and one smaller diameter, upper Floridan aquifer observation well. In addition; one site will also be constructed with a lower Floridan aquifer observation well to assess the possibility of future upward leakance of poorer water quality from the lower Floridan aquifer. Testing will consist of extended pumping of the test wells, up to 72 hours (each site), while monitoring piezometric impacts to the adjacent observation wells. The flow rate and duration of the tests will be determined after the point of water discharge is identified and the well is constructed. DFB~H2M HILL SOW 032504.DOC 15 TASK ORDER NO. U04-5-06 EPX PROJECT PHASE 1 - FLORIDAN AQUIFER WELL FIELD DEVELOPMENT It is anticipated that CH2M HILL will set-up pressure transducers to monitor changes in the water levels in the test and observation wells while flow rates are measured. It is anticipated that daily site visits will be needed during the testing cycle however, full time observation should not be necessary. Discrete water quality samples will also be collected during the pumping portion of the test once water quality has stabilized (as indicated by conductivity and chloride concentrations) Water quality parameters will be obtained from the EPX Project team and samples will be submitted to a CITY-approved, certified testing laboratory for analysis. A cost allowance of $2,500 has been allocated for this activity. Following the completion of the pumping phase, recovery of the test and observation wells will also be documented. It is anticipated that the two pumping tests (i.e., mobilization and set up, pumping and recovery periods, and demobilization) will last approximately three weeks. Because of the unknown duration of this work, Task 11 will be conducted on a time and materials basis. Task 11.2 -Test Well Report Following the completion of the aquifer testing, the field data will be analyzed to determine aquifer characteristics and well efficiency. From this information, full- scale production impacts will be projected and the exact numbers of production wells will be determined. Following the completion of all testing activities, the test production wells will be configured with a tee, gate valves, and blind flanges to accommodate future conversion to full scale production wells. All construction and testing data will be compiled in a draft TM will be submitted to the CITY and the EPX Project team for review. Upon receiving and incorporating comments from the CITY, five final copies of the TM will be submitted to the CITY as part of the final report deliverable. D. Assumptions · Properties within the CITY's service area will be the primary focus for siting of the supply wells, however, areas adjacent to the service area will also be considered. Only available electronic GIS maps will be used to develop the base map_and conduct the initial screening analysis. No new GIS layers will be developed. · Except for the Test Wells and associated observation wells, only conceptual drawings of typical well head details, raw water transmission piping layouts and identification of possible areas requiring easements or property acquisition will be developed. No other designs will be developed as part of this Task Order. · CITY will be responsible for providing GIS coverages and other maps that are available from the CITY in electronic format to CH2M HILL. CH2M HILL will DFB~CH2M HILL SOW 032504.DOC 16 TASK ORDER NO. U04-5-06 EPX PROJECT PHASE 1 - FLORIDAN AQUIFER WELL FIELD DEVELOPMENT be responsible for obtaining other available GIS coverages from the County and other public sources. · CITY will be responsible for conducting the necessary land and easement acquisition analysis and setting up and conducting meetings with individual landowners. CH2MHILL will not be involved in these meetings with landowners. · The groundwater modeling conducted in Task 3.1 will be set up so that the model can be used for subsequent Water Use Permitting purposes in the event the CITY elects to proceed forward with the design and construction of Floridan aquifer water supply wells. However, per the South Florida Water Management District (SFWMD) guidelines, this would be considered a Type I model and would provide a gross approximation of potential impacts of the proposed groundwater withdrawals. If during the permitting process, conditions warrant that more sophisticated modeling is required, and the data supports it, a separate Type II groundwater flow model such as MODFLOW would have to be developed and utilized. · CITY will be responsible for conducting the necessary land and easement acquisitions. · Permits for construction of the test wells will be the responsibility of the contracted well driller. CH2M HILL will not responsible for any permitting'fees. · All tasks will be conducted on a time and materials basis. Tasks 2 and 6 are represented as a project allowance for work that is currently undefined. As such, a labor breakdown can not be prepared. · Payment for all work associated with the test and observation wells will be provided directly by the CITY. The work will progress following a traditional design/bid/build delivery protocol. E. Contract Reference This Task Order shall be performed under the terms and conditions described within the Agreement for General Engineering Consulting Services dated November 18, 2003, between the City of Boynton Beach and CH2M HILL, Inc. F. Additional Services Additional services will be provided to the CITY or other EPX Project team members as directed by the CITY on a time and materials basis. Scope and fee to amend this task order will be submitted to the CITY and EPX Project team Program Manager for review and approval prior to initiating additional work. Additional items may DFB~H2M HILL SOW 032504.DOC 17 TASK ORDER NO. U04-5-06 EPX PROJECT PHASE 1 - FLORIDAN AQUIFER WELL FIELD DEVELOPMENT include supplemental modeling, presentations and coordination with other CITY projects and activities. G. Obligations of the City In addition to the specific activities identified in this scope of work, the CITY is obligated to provide the following: · Provide available data as requested to complete the tasks identified in this scope of work · Attend requested meetings · Provide timely reviews of deliverable materials with comments incorporated into a single document · All permitting fees H. Deliverables The following deliverable are included in this project: Task 1 - None Task 2.1 - Grant application to SFWMD by April 1, 2004 Attendance at requested meetings Task 2.6 -Graphics assistance as requested Task 3.1 - Hydrologic data tabularized for model input Task 3.1 - Preliminary groundwater model indicating well spacing and capacity Task 3.2 - Kick off meeting minutes and action items Task 3.2 - Well location selection matrix with weighted alternatives Task 3.3 - Five copies of Draft TM summarizing Task 3 activities Five copies of Final TM summarizing Task 3 activities Task 4.7 - Five copies of Draft TM summarizing Task 4 activities Five copies of Final TM summarizing Task 4 activities Task 4.8 - Opinion of Construction costs based on well site availability Task 5 - Five Final well siting alternatives analysis TM Five TMs with revised model results Five Compiled "Well Siting Report" incorporating all project TMs DFI~CH2M HILL SOW 032504.DOC 18 TASK ORDER NO. U04-5-06 EPX PROJECT PHASE 1 - FLORIDAN AQUIFER WELL FIELD DEVELOPMENT Task 6.1 - Kick off meeting minutes Task 6.2 - Preliminary design criteria TM Task 6.3 - Site Survey (if required) Task 6.4 - 60-percent design workshop meeting minutes with decision summary Two copies of 60-percent design submittal (half size drawings) Two copies of 90-percent design submittal drawings (full size), specifications, and cost estimates Task 6.6 - Two copies of Final Design Task 7 - Permits as required Task 8 - Two copies of bid documents Letter of recommendation for CITY and EPX Project team concurrence Four sets of conformed construction documents Task 9 - Notification of construction meetings Task 10 - Copies of weekly construction summaries Task 11 - Five copies of Draft Well Construction Report Five copies of Final Well Construction Report I. Compensation Compensation by the CITY to the CONSULTANT for services provided in this Task Order will be a not-to-exceed baSis in accordance with the above-mentioned Agreement. Individual task limits will not be exceeded without prior written authorization from the CITY. The compensation for the services described in Task 1 - 11 of this Task Order is estimated at $484,950 as shown in the following summary table and proposed labor estimate. Work completed by the CONSULTANT will be invoiced monthly on a labor and expenses basis per the above agreement. DFB~H2M HIM. SOW 032504J)0C 19 TASK ORDER NO. U04-5-06 EPX PROJECT PHASE 1 - FLORIDAN AQUIFER WELL FIELD DEVELOPMENT Task Description Labor Labor Cost Expenses Sub Contract Totals Hours Expenses Task 1 - Coordination with EP× Team 324 $46,584 $4,416 $51,000 Task 2 - Public Outreach and EPX $40,000 $5,000 $45,000 Project Team Support (allowance) Task 3 - Supply Well Site Selection 100 $10,182 $1,018 $11,200 Criteria Task 4 - Siting Analysis and Opinion 196 $20,412 $2,088 $22,500 of Cost Task 5 - Final Well Site Alternative 98 $10,212 $1,038 $11,250 Analysis Task 6 - Design of Floridan Aquifer 324 $30,740 $3,260 $5,000 $39,000 Test Wells Task 7- Permitting Services $23,896 $1,104 $25,000 (allowance) Task 8- Bid Phase Services 134 $12,996 $1,504 $14,500 Task 9 - Construction Management 870 $81,360 $7,640 $89,000 Support Services Task 10 - Full Time Resident 1380 $118,080 $13,920 $132,000 Observation Task 11 - Aquifer Testing and Report 390 $36,612 $5,388 $2,500 $44,500 Preparation Grand Totals 3816 $431,074 $46,376 $7,500 $484,950 J. Schedule CH2M HILL will commence work upon receipt of written authorization and complete work associated with this Task Order in accordance with the attached master schedule developed by the EPX Project team. As this is a team effort between five consultants retained by the CITY, CH2M HILL will adhere to the master schedule agreed by the EPX'Project team and the CITY DFB~CH2M HILL SOW 032504.DOC 20 TASK ORDER NO. U04-5-06 EPX PROJECT PHASE 1 - FLORIDAN AQUIFER WELL FIELD DEVELOPMENT K. Approval DATED this day of ,2004. CITY OF BOYNTON CH2M HILL, INC. BEACH Kurt Bressner Timothy ~. Sh~p, P.G. ~ City Manager Office Man"a~r Attest/Authenticated: City Clerk Approved as to Form: Attest/Authenticated: Office of the City Attorney ~ ,~.~ W,, Deborah Misterka ..e~ .".,"~ Commission #DD2254 ! 5 ~.~ ~i~ Expires: ~n& 2007 '~,.~ bi d~b' Bonom ·, ........ " Atlantic Bonding Co., Inc. DFB\CH2M HILL SOW 032504.DOC 21 TASK ORDER NO. U04-5-06 EPX PROJECT PHASE 1 - FLORIDAN AQUIFER WELL FIELD DEVELOPMENT ATTACHMENT 1 COST ESTIMATE PHASE 1 TASK ORDER NO. U04-5-O6 EPX PROJECT PHASE 1 - FLORIDAN AQUIFER WELL FIELD DEVELOPMENT ATI'ACHMENT 2 MASTER SCHEDULE KIMLEY-HORN AND ASSOCIATES, INC. TASK ORDER U04-10-02 EAST PLANT EXPANSION Task Order No. U04-10-02 ~0~,,i.,0. AGENDA 5/18/04 City of Boynton Beach East Water Treatment Plant Expansion Stage 1 Conceptual/Preliminary Design Phase 1 Engineering Services for Water Plant Site Plan Development A. Background The City of Boynton Beach (City) ~s embarking on a major improvement project for the City's East Water Treatment Plant (WTP). The project named "East Plant Expansion" (or "EPX" for short) will address the City's future water needs. Currently, the South Florida Water Management District (SFWMD) limits the quantity of water available for withdrawal from the City's primary source of water, the surficial Biscayne aquifer, for potable water use. If not addressed, this existing water withdrawal restriction will create water shortages for the City in the future. Water Supply. The EPX Project will resolve the potential water shortage issues by changing the East WTP's primary water source from the existing surficial Biscayne aquifer to the deeper more plentiful upper Floridan aquifer. Due to these withdrawal limitations and restrictions placed on the surficial Biscayne aquifer, the City is turning to the Floridan aquifer as an additional alternative water source to the surficial Biscayne aquifer in order to meet its future water demands. The change in the primary water source will provide the City with an adequate water supply and help the environment by reducing the potential for salt-water intrusion into the surrounding area's groundwater near the East WTP. Water Treatment. By changing the primary water source to the upper Floridan aquifer, the EPX Project will also change the water treatment process at the East WTP from lime softening to a Iow-pressure reverse osmosis (LPRO) treatment system. The new LPRO treatment process will produce fresh water from the brackish upper Floridan aquifer water source. The LPRO membrane treatment process is similar to the existing membrane softening process at the West WTP and will produce a higher quality of water that is lower in color and hardness than currently produced by the existing lime treatment process at the East WTP. The new LPRO membrane treatment process also provides the City with the best available technology to meet the existing and pending water quality requirements of the Environmental Protection Agency. Project Approach. It is anticipated that the required facilities for the East WTP will be constructed in two stages. In Stage 1, the City will install 8 million gallons per day (mgd) of treatment capacity and approximately ten Floridan wells to supply water by August TASK ORDER NO, U04-10-02 EPX PROJECT PHASE 1- WATER PLANT SITE PLAN DEVELOPMENT 2008. In Stage 2, the City will install the remainder of the equipment needed to expand the treatment facilities to 16 mgd of product water capacity by year 2013. To assist the City with Stage 1 of this large project, the City has assembled a team of five Consultants to provide professional services for the planning, preliminary design, design, permitting and construction of the required facilities. The EPX Project team consists of the following consultants with their respective project responsibilities: · Globaltech, Inc. - Program Management · CH2M HIIJ.7 Inc. - Floridan Aquifer Well field Development · Kimley-Horn and Associates, Inc. - Water Treatment Plant Design and Site Plan Development · Metcalf & Eddy - Off-Site Pipelines Development · Arcadis G&M, Inc. - Membrane Concentrate Disposal Development The City will engage each Consultant separately for the Stage 1 work in two separate design phases: · Phase 1 - Conceptual/Preliminary Design Phase · Phase 2 -Design and Construction Phase In general, the Conceptual/Preliminary Design of Phase 1 to be conducted by the EPX Project team will accomplish the following: · Select well site locations · Construction of two FIoridan aquifer test wells to determine water quality and water withdrawal rates for well and plant process sizing · Identify raw water main routing considerations · Develop the new East WTP site layout to include the new LPRO facilities and the existing facilities · Develop treatment process criteria to be used in Phase 2 design work · Determine the most feasible membrane concentrate disposal option(s) and provide design criteria for the most feasible disposal option(s) · Identify permitting requirements for improvements · Determine budgetary cost for improvements Based on the results of the Conceptual/Preliminary Design of Phase 1, the development of plans and specifications will be conducted in Phase 2, along with the construction services. These Phase 2 services are to be provided in subsequent task orders following the completion of the Phase 1 services. SerVices to acquire the land for raw water well sites, membrane concentrate disposal site, and easements are not included in the scope of any of the EPX Project team members. TASK ORDER NO. U04-10-02 EPX PROJECT PHASE 1- WATER PLANT SITE PLAN DEVELOPMENT Project description for Kimley-Hom and Associates, Inc. Water Plant Site Plan Development activity under the EPX Project Phase 1 services is provided in the remainder of this task order. B. Project Description for Kimley-Horn and Associates, Inc. Because of the large magnitude of the EPX Project~ the EPX Project has been subdivided into five individual activities. The CITY has requested that Kimley-Horn and Associates, Inc. (KHA) assume responsibility for all water treatment components of this program that are to be constructed within the limits of the East Plant site, as well as the well heads on each of the Floridan Aquifer wells including the associated pumps, above-ground piping, and instrumentation. KHA's work as described in this Task Order will include services during Phase 1 - Conceptual/Preliminary Design Phase. KHA will represent the C1TY's best interests throughout this project and serve as the CITY's representative in all matters on the project related to this scope of services. KHA's obligations include timely communication of activities and status of the project with the CITY's Senior Project Manager, Program Management staff, and other EPX Project team members. C. Scope of Services The objective of KHA's services during Phase 1 is to develop a complete and accurate site plan for placement of all facilities associated with the entire expansion program at the East Plant site. This will require development of conceptual/preliminary design criteria so that sizes of individual components required for this facility can be established. This site plan must include a construction phasing plan to allow construction of the new facilities while maintaining operation of the existing treatment plant and ancillary facilities. In order to develop an accurate footprint of the LPRO process building, KHA's work in this Phase will include development of a preliminary floor plan for this building. KHA also will develop typical site and wellhead plans for raw water supply wells under this Phase of the program. KHA will provide services for the development of conceptual/preliminary design criteria and a revised site plan under this Task Order. Task 1 - Review of Existing Site Conditions and Ancillary Uses Task 1.1 - Existing Site Plan The LPRO facilities must be constructed on the site currently occupied by the Lime Softening Water Treatment Plant (LSWTP) facilities and distribution system facilities. However, the lime softening plant, including all SUpport facilities, must remain in full operation during construction of Stage 1 of the LPRO facilities which is a fully TASK ORDER NO. U04-10-02 EPX PROJECT PHASE 1- WATER PLANT SITE PLAN DEVELOPMENT operational 8.0 MOD water plant. In order to accomplish this it is important that all existing and critical facilities, both above and below ground, are shown accurately on a site plan. KHA will utilize available existing hardcopy and electronic format site drawings as a base followed by field confirmation of critical dimensions for above ground facilities. KHA will visit the site and meet with operations staff to identify critical underground facilities needed to maintain operation of the LSWTP. Once identified these critical underground facilities will be located and placed on the site plan base. The deliverable is an electronic format drawing of the existing site showing critical features, both above and below ground. This base is intended to be dimensionally adequate for site plan purposes; however, it is not intended to be dimensionally adequate for use as a horizontal control plan. Task 1.2 - Evaluation of Ancillary Uses The East Water Plant site also hosts distribution field crew employee parking, equipment parking, offices, and storage areas. The CITY desires to maintain those ancillary uses on this site. KHA will inventory the ancillary user facilities and evaluate the space requirements of these ancillary uses. The purpose of this evaluation is to determine if their current space is greater or less than that needed and if the layout of their facilities is an efficient use of available space. This evaluation will include an analysis of employee and equipment parking at the Emergency Operations Center and within the existing plant site. This information will be used to determine if there are portions of existing space used by the ancillary facilities that can be contributed to the new LPRO facility. The deliverable will be a technical memorandum describing the existing space usage and minimum space requirements for ancillary facilities and parking. The memorandum will include recommendations for incorporation into the proposed site plan. Task 1.3 - Environmental Investigation The undeveloped area on the south end of the plant site has the potential to be utilized for the proposed LPRO facilities or stormwater management purposes. KHA will perform an environmental investigation of the area to determine if there are endangered or threatened species or wetlands present. KHA will prepare a Biological Assessment Technical Memorandum summarizing the results of this investigation. Task 2 - Traffic Analysis Task 2.1 - Data Collection and Inventory KHA will perform existing AM (7 to 9 am) and PM (4 to 6 pm) turning movement counts at the intersection of Woolbright Road and Seacrest Boulevard. KHA also will perform an additional one hour turning movement count outside peak hour times because deliveries to the plant and ancillary uses occur outside peak hour times. Concurrent with these intersection counts, KHA will manually count ingress and egress traffic accessing TASK ORDER NO. U04-10-02 EPX PROJECT PHASE 1- WATER PLANT SITE PLAN DEVELOPMENT the existing facility and will perform observations to determine by cardinal distribution the origin and destinations of truck traffic. KHA will develop site traffic projections based on truck and employee traffic changes caused by the expansion and any additional information as provided by the CITY. Task 2.2 - On-Site Truck Circulation Operations Analysis Based on the preliminary site plan developed for the expansion, KHA will provide an evaluation of on-site traffic circulation. KHA will utilize the AUTOTURN program to simulate truck turning movements within the proposed site. The deliverable for this task will be a summary of recommendations for implementation into the development of the site plan as well as a summary of the AUTOTURN evaluation. Task 2.3 - Conceptual/Preliminary Site Access Design Using the site entrance ingress and egress volume projections, KHA will evaluate the need for additional turn lanes based on the traffic volume, traffic operations, and vehicular queuing issues related to the proximity of the entrance driveways to the intersection of Seacrest Boulevard and Woolbright Road. KHA will evaluate the existing curb radii for accommodation of the expected track traffic upon expansion of the facility. The deliverable for this task will be a conceptual/preliminary access design sketch of each of the entrance driveways (Seacrest Boulevard and Woolbright Road) incorporating the recommended design elements based on our evaluation of the truck traffic at the proposed entrance driveway locations. Task 3 - Raw Water Quality and Finished Water Hardness Goal Task 3.1 - Raw Water Quality Quality of the raw water expected to be treated at this facility is important in establishing conceptual/preliminary design criteria. The primary water quality parameters are sodium, chloride, sulfate, and calcium as these are the major constituents of the overall total dissolved solids (TDS) of Floridan Aquifer water. Other ions present in Floridan Aquifer water will be important later in the design process, but generally will not affect' development of conceptual/preliminary design criteria. KHA will also evaluate iron, hydrogen sulfide, and silica that could affect the overall treatment process. KHA will research and acquire information on existing Floridan Aquifer explorations north and south of Boynton Beach. The deliverable will be a technical memorandum documenting TASK ORDER NO. U04-10-02 EPX PROJECT PHASE 1- WATER PLANT SITE PLAN DEVELOPMENT information found and methodology for establishing target values for major ions expected to be present in raw water entering this plant. Task 3.2 - Hardness Goal Another component of this task is establishing a goal for finished water hardness produced at this plant. KHA will examine the predicted hardness of water produced at the West Plant assuming completion of Phase 4 improvements and make recommendation as to a finished water hardness goal for the East Plant. This issue will be concluded in consultation with the EPX TRC. Task 4 - LPRO Overall Treatment Process, Individual Train Capacity, Chemical Uses, Post Treatment Task 4.1 - LPRO Overall Treatment Process, Individual Train Capacity The current conceptual capacity of this water treatment facility is 8.0 MGD, considered Phase 1 and due on-line by August, 2008. The ultimate capacity is considered 16.0 MGD with an indefinite time line. KHA will develop treatment capacity versus time charts which will be matched with projections of system demand contained in the City's CUP. These charts will be based on current schedules for completing Phase 3 and Phase 4 improvements at the West WTP and Phase 1 improvements at the East WTP. Allowed withdrawals contained in the CUP will be incorporated into these charts. A technical memorandum will be prepared summarizing these charts and providing recommendations for Phase 1 plant capacity. A Process Flow Diagram (PFD) will be developed to show the entire treatment process, from raw water supply wells to concentrate disposal. This document will establish the treatment facilities needed for all portions of the new LPRO facility. This includes pretreatment of the raw water, membrane processes, post treatment, of the drinking water, chemical additions, treatment of the concentrate, and blend water treatment. The PFD also provides a description of the sequencing of all treatment components. The deliverable is a Process Flow Diagram in CADD format. Drinking water produced by the LPRO process is naturally low in hardness and alkalinity since these constituents in the raw water are removed along with the salt. The most cost effective and customer friendly method of returning these constituents is to blend about 15% of shallow aquifer ground water with the LPRO permeate. This affects the LPRO capacity since approximately 15% of the produced drinking water comes from another source. The actual amount of blended water will be established from the results of TASK ORDER NO. U04-10-02 EPX PROJECT PHASE 1- WATER PLANT SITE PLAN DEVELOPMENT Subtask 3.2 - Hardness Goal. The deliverable is a technical memorandum providing the recommended blend volume. Capacity of each LPRO train will be established based on overall plant capacity, shallow well water blend, predicted capacity of each raw water supply well, required plant operational flexibility, available building size, and hydraulic surge considerations. KHA will analyze these factors and recommend the most appropriate individual train capacity. The recommended individual train capacity will establish the capacity for plant capacity increases following the Stage 1 installation since train capacities should be duplicated during future expansions to the plant. The deliverable is a technical memorandum establishing individual train size and number of trains. Task 4.2 - Chemical Uses The LPRO treatment facility will require bulk storage of acid, caustic, chlorine, fluoride, scale inhibitor, and corrosion inhibitor. This task will include predicting consumptive rates of each of these chemicals, establishing a target storage duration, and determining storage volume 'for each chemical. Storage of each chemical requires space which must be accounted for in a site plan of the proposed facility. Delivered bulk sodium hypochlorite will be used as the basis for predicting chlorine storage requirements. The site plan will allow space for on-site generation (OSG) of hypochlorite facilities to allow this option to remain available. The LSWTP currently uses gaseous chlorine. KHA will examine the impacts of continuing the use of gaseous chlorine versus converting this facility to hypochlorite. This analysis will include an examination of when conversion should or could occur. The deliverable is a technical memorandum establishing storage requirements for each chemical and an analysis of the LSWTP chlorine options. Task 4.3 - Post Treatment KHA will identify loading rates, dosage rates, size and other relevant data on post- treatment components of the water treatment facility. These will include, but not necessarily be limited to, permeate degasification, permeate stabilization, permeate disinfection, finished water ammoniation, corrosion inhibitor, fluoride addition, chlorine contact time/clearwell configuration, transfer pumping, odor abatement, concentrate degasification/treatment, and ion exchange treatment of shallow well raw water. This work will include conceptual/preliminary sizing of these components so that their space requirement and placement can be determined for development of an overall site plan. Some of these components may not be needed in the final design; however, it is prudent to make space available in the event they are needed. The deliverable will be a technical memorandum identifying assumptions, criteria, and conceptual/preliminary sizing of each of these components. TASK ORDER NO. U04-10-02 EPX PROJECT PHASE 1- WATER PLANT SITE PLAN DEVELOPMENT Task 5 - Process Building Layout A building layout must be developed to house those components of this new water treatment facility that belong together and under one roof. These components include, but are not necessarily limited to, membrane treatment trains, electrical switching and motor starter equipment, wet laboratory, chemical injection pump rooms, operator space, membrane cleaning facilities, storage, micron filtration, emergency electrical generation, and control space. Space will be provided to accommodate control of the LSWTP to be moved into the RO Building. It is more practical and cost effective to place all control functions at a single location. Provisions will be made for control of all off-site wells and facilities. Space will be provided for noise abatement features on the building. Space will be provided for back-up and redundant equipment to provide adequate reliability for the new water treatment of facilities. A layout will be developed that includes those components that are needed for this facility and this layout will accommodate expansion of the facility to its ultimate capacity of 16.0 MGD. Electrical one-line diagrams will be developed to identify the power requirements for the entire LPRO facility. These will include provisions for redundancy and allow establishment of electrical switching/distribution space requirements. During this task overall height of the building will be established; however, architectural treatment of the building will be addressed in Phase 2 - Design. The deliverable for this task is a scaled drawing of the building floor plans and sections, assuming it will have multiple levels. Task 6 - High Service Pumping The existing high service pumping facility will be examined and evaluated for its ability to meet needs of the new treatment facilities to be constructed at this site. This examination will include an evaluation of capacity, condition, and impact on future site development. In the likely event that this facility will require replacement, this task is to include identification of pump types, hydraulic requirements on both suction and discharge side of the pumps, and placement of replacement high service pumping facilities. The deliverable for this task will be a technical memorandum providing findings of evaluating the existing facility and conclusions reached toward a replacement facility if required. If a replacement facility is required, this technical memorandum will identify pump type, hydraulic requirements and a recommended placement for new high service pumps. TASK ORDER NO. U04o10-02 EPX PROJECT PHASE 1- WATER PLANT SITE PLAN DEVELOPMENT Task 7 - Site Layout and Summary Report Task 7.1 - Final Site Plan Findings, conclusions, and recommendations developed under the previous tasks will be used to develop a site plan which accommodates all required components or facilities needed to support a 16 MGD LPRO treatment facility on this site. A key component of this site plan will be accommodating, and maintaining in service, the existing lime softening treatment, sludge handling, high service pumping, and ancillary facilities located on this site. Development of a site plan will include identification of major underground facilities, including piping and electrical power distribution. This site plan will also address on-site traffic circulation and stormwater management requirements. Noise and odor emissions from the new facilities are to be controlled by treatment facilities and design of the building. However, placement of odor or noise emitting facilities will be considered a part of site planning by placing these facilities away from neighbors that would be offended. Areas to receive landscaping treatment will be indicated on the Site Plan. Site security measures identified in the current Vulnerability Assessment (VA) will be incorporated as well as new features which address the City's objectives as stated in the VA. The Site Plan will provide for additional public parking for the existing Emergency Operations Center Building and retaining Arbor Park. Space will be allocated for construction and operation of up to two (2) deep injection wells which may be required for disposal of concentrate. A pumping station will be called for to move concentrate to the injection well(s) or an off-site location. Space will be provided for two - 5 MG ground storage tanks. One of these may be constructed in the future Stage 2 expansion of the LPRO facility. The deliverable will be an electronic format site plan showing proposed facilities, staging of their construction, and existing facilities located on this site. Task 7.2 - Summary Report A summary report will be prepared that combines all of the previously developed technical memoranda and reports. This report will provide justification for the decisions made in formulating the final site plan and will serve as a precursor to the Basis of Design Report that will be developed as part of Phase 2. TASK ORDER NO. U04-10-02 EPX PROJECT PHASE 1- WATER PLANT SITE PLAN DEVELOPMENT Task 8 - Wellheads The Floridan Aquifer raw water supply wells associated with this improvement program represent an integral part of the treatment process. Control and functioning of these supply wells must be from the new water treatment plant. Each well represents a significant investment due to its depth, artesian pressure, and aggressive nature of Floridan Aquifer water. KHA will prepare three basic alternate well site layout and well head development plans which show the differences in below ground pumps, above ground pumps and above/below ground with buildings. Well sites layout will be selected after completion of this task and the concepts developed under this task will likely be used to help in selecting well sites. The space needed for each site and physical appearance of a developed well site is an important factor in judging the suitability of a site. Below ground pumps will be submersible style and above ground pumps will be limited to end suction. Site plans will be developed for the submersible alternate using below ground wellhead piping and above ground piping. A site plan for above ground pumps must have above ground piping. The advantage of above ground pumps is accessibility to all rotating parts; however, this type of pump limits allowable drawdown in the well. All site plan alternates will include area requirements for drilling a well, placing a rig on a well for maintenance, fencing, site access, electrical supply and control features. Each alternate will also address provision of emergency electrical power. Since these wells will be far from the water plant, the most reasonable method of providing emergency power is by an engine driven generator located at the site. Generators will be propane gas powered and housed in a building. Buildings will include sound attenuating features. Site plans will allow for landscaping. The deliverable for this task will be preliminary site and wellhead plans for the Floridan Aquifer well sites. Task 9 - Community Involvement Task 9.1 - White Papers and Journal Articles KHA will prepare White papers or journal articles describing elements of our work during Phase 1 upon request by the CITY. Per the CITY's request, we have budgeted $5,000 for this Subtask. 10 TASK ORDER NO. U04-10-02 EPX PROJECT PHASE 1- WATER PLANT SITE PLAN DEVELOPMENT Task 9.2 - Community Involvement Meetings KHA will participate in up to two Community Involvement meetings. It is understood that these may include presentations to the City Commission. KHA will prepare presentation graphics for use at these meetings and will present on elements of the project for which we are responsible. Task 10 - Pre-Permitting Activities KHA will prepare for and participate in a roundtable discussion with members of the EPX Project Team and representatives of the agencies from which the team will be seeking permits for this project. The purpose of the meeting will be to educate the agencies on the full scope of the project and introduce the parties to one another. The EPX team intends to obtain their input as to potential hurdles to permitting, specific requirements that will have to be met, and how the permitting process can be expedited. Task 11 - EPX Team Coordination, Progress Meetings, and TRC Meetings KHA will participate in twice monthly meetings with the EPX Team to review general progress or participate, in EPX TRC reviews of project deliverables. KHA also will maintain close coordination and share information as necessary with the other EPX Team members, especially those handling the raw water well and concentrate disposal assignments to facilitate the successful completion of.the Phase 1 Conceptual/Preliminary Design. D. Assumptions 1. KHA assumes that final site plan approval will be included in Phase 2 of the East Plant expansion. 2. KHA assumes that the proposed level of coordination with other EPX Team members will be sufficient to facilitate a smooth and timely exchange of data and information. 3. KHA assumes that technical memoranda and minor reports will be reviewed.at 90% completion, with comments from the EPX Program Manager and the CITY incorporated into final deliverables. 4. KHA assumes that the Summary Report and deliverables that include conceptual/preliminary design drawings will be subject to 50%, and 90% reviews prior to final submiSsion. 5; KHA assumes that the CITY will organize, schedule, and coordinate the Community Involvement meetings. 6. KHA assumes that the CITY will coordinate our participation in presentations to the City Commission. TASK ORDER NO. U04-10-02 EPX PROJECT PHASE 1- WATER PLANT SITE PLAN DEVELOPMENT E. Contract Reference This Task Order shall be performed under the terms and conditions described within the Agreement for General Engineering Consulting Services (Resolution #R03-182) dated November 18, 2003 between the City of Boynton Beach and Kimley-Horn and Associates, Inc. F. Additional Services KHA believes the proposed scope of services to be generally inclusive of the required tasks. However, KHA will provide additional services at the request of the CITY and EPX Program Manager upon receipt of written authorization to proceed. KHA. also will provide additional services that arise due to unforeseen circumstances with prior written authorization from the EPX Program Manager and the CITY. G. Obligations Of The City 1. The CITY shall provide the KHA, in a timely manner, record data and information related to the Project as necessary for the performance of services specified herein. 2. The CITY shall review all drawings and other documents presented by KHA; obtain advice of an attorney, insurance counselor, and others as CITY deems appropriate for such review and render decisions pertaining thereto within reasonable time so as not to delay the services of KHA. 3. The CITY will designate representative(s) to serve as point(s) of communication with the KHA. 4. The CITY shall provide existing site drawings in an electronic format which allows modification of those drawings as well as a non-copyrighted copy including permission from the preparer of those drawings for the CITY and the KHA to modify and reuse those drawings. H. Deliverables KHA will prepare the following deliverables for submission to the CITY and EPX Program Manager. Any drawings submitted as final deliverables will be 24" x 36". The proposed deliverables are listed below: Deliverable 1.1 - Existing Site Plan Deliverable 1.2- Technical Memorandum: Ancillary User Space Requirements Deliverable 1.3 - Technical Memorandum: Biological Assessment Deliverable 2.1 - Site Traffic Projections and Summary of Collected Data 12 TASK ORDER NO. U04-10-02 EPX PROJECT PHASE 1- WATER PI_ANT SITE PLAN DEVELOPMENT Deliverable 2.2- Summary of Traffic Recommendations and Autoturn Evaluation Deliverable 2.3 - Conceptual/Preliminary Access Design Sketches of Entrance Driveways Deliverable 3.1 - Technical Memorandum: Predicted Raw Water Quality Deliverable 3.2 - Technical Memorandum: Finished Water Hardness Goal Deliverable 4.1.1- Technical Memorandum: Projected Customer Demands Versus Plant Capacity Deliverable 4.1.2 - Overall Process Flow Diagram Deliverable 4.1.3 - Technical Memorandum: Recommended Blend Volume Deliverable 4.1.4 - Technical Memorandum: LPRO Train and System Capacity Deliverable 4.2 - Technical Memorandum: Chemical Storage and LSWTP ~ Chlorine~ Options !~ Deliverable 4.3 - Technical Memorandum: Post Treatment Components Deliverable 5- Building Floor Plans, Sections and Electrical One-line Diagrams Deliverable 6 - Technical Memorandum: High Service Pumping Requirements Deliverable 7.1 - Final Site Plan Deliverable 7.2 - Summary Report Deliverable8- Preliminary Site and Wellhead Plans for Floridan Aquifer Well Sites Deliverable 9.1 - White Papers or Journal Articles Deliverable 9.2- Community Involvement Meeting Presentation Graphics and Oral Presentations Deliverable 10 - Participation in Roundtable Discussion Deliverable 11 - Participation in EPX Team and TRC Meetings ~3 TASK ORDER NO. U04-10-02 EPX PROJECT PHASE 1- WATER PLANT SITE PLAN DEVELOPMENT I. Compensation Compensation by the CITY to the KHA for all tasks will be on a time and materials basis in accordance with the above mentioned Agreement. The estimated compensation for the services described in this Task Order No. U04-10-02 is $350,996.00 as shown in Table 1 below and on the attached estimate for engineering services. KHA will not exceed the fee amount of the individual tasks without prior written approval of the EPX Program Manager or the CITY. Table 1: Labor and Expense Summary EAST WATER TREATMENT PLANT EXPANSION CONCEPTUAL/PRELIMINARY DESIGN AND SITE PLAN DEVELOPMENT Labor Labor Expenses Total Cost Hours Cost Task 1- Review of Existing Site 312 $32,455 $6,029 $38,484 Conditions and Ancillary Uses Task 2 - Traffic Analysis 95 $8,765 $713 $9,478 Task 3 - Raw Water Quality 72 $9,250 $2,041 $11,291 and Finished Water Hardness Goal Task 4 - LPRO Overall 364 $43,575 $10,429 $54,004 Treatment Process, Individual Train Capacity, Chemical Uses, Post Treatment Task 5 - Process Building 238 $28,135 $12,526 $40,661 Layout Task 6 - High Service Pumping 96 $10,985 $973 $11,958 Task 7 - Site Layout and 302 $33,135 $6,758 $39,893 Summary Report Task 8 - Wellheads 274 $30,580 $6,919 $37,499 Task 9 - Community 135 $17,290 $2,291 $19,581 Involvement Task 10 - Pre-Permitting 48 $6,230 $1,124 $7,354 Activities Task 11 - EPX Project Team 580 $73,720 $7,073 $80,793 Coordination, Progress Meetings, and TRC Meetings Totals 2516 $294,120 $56,876 $350,996 14 TASK ORDER NO. U04-10-02 EPX PROJECT PHASE 1- WATER PLANT SITE PLAN DEVELOPMENT J. Schedule The KHA will commence conceptual/preliminary design and site development services upon receipt of written authorization and will complete all work associated with Tasks 1 through 11 of this Task Order U04-10-02 in accordance with the attached master schedule developed by the EPX Project team. As this is a team effort between five consultants retained by the CITY, KHA will adhere to the master schedule agreed to by the EPX Project team and the CITY. DATED this day of ,2004. CITY OF BOYNTON BEACH KIMLEY-HORN AND ASSOCIATES, INC. Kurt Bressner, City Manager ~Ch~le~s L. G~Vice President Attest/Authenticated: City Clerk (Corporate Seal) Approved as to Form: Attest/Authenticated: Office of the City Attorney '~ 15 TASK ORDER NO. U04-10-02 EPX PROJECT PHASE 1 - WATER PLANT SITE PLAN DEVELOPMENT ATTACHMENT 1 ESTIMATE FOR ENGINEERING SERVICES PHASE 1 TASK ORDER NO. U04-10-02 EPX PROJECT PHASE 1 - WATER PLANT SITE PLAN DEVELOPMENT ATI'ACHMENT 2 MASTER SCHEDULE --~ ~ (i~II I ~ ~- ' ~ ' ,-I-{ I r' I I t I:' t ' { ,~ I ! I I i 'I { '{~ III I I{-i- il<{ ,{-~ { Ia~! ! I {! I ! ! I !~iI ! I {I ! ,, ,, ~ { {I ~ t I II I I~ ','~-~_L__~ .... ~---~.L. L-.I -.I .... I ...... I_4_.',__[ ..... I ....... I.{L_I ............ I .... i_i f.~ ............. ~-}{ i! i { , } iii{ imi_-_ ~, m III{-{ I II{ m METCALF & EDDY, INC. TASK ORDER U04-15-03 EAST PLANT EXPANSION Task Order No. U04-15-03 ~o~is~,o. AGENDA 5/18/04 City Of Boynton Beach East Water Treatment Plant Expansion Stage 1 Conceptual/Preliminary Design Phase 1 Engineering Services for Off-Site Pipelines A. Background The City of Boynton Beach (City) is embarking on a major improvement project for the City's East Water Treatment Plant (WTP). The project named "East. Plant Expansion" (or "EPX" for short) will address the City's future water needs. Currently, the South Florida Water Management District (SFWMD) limits the quantity of water available for withdrawal fi.om the City's primary source of water, the surficial Biscayne aquifer, for potable water use. If not addressed, this existing water withdrawal restriction will create water shortages for the City in the future. Water Supply. The EPX Project will resolve the potential water shortage issues by changing the East WTP's primary water source fi.om the existing surficial Biscayne aquifer to the deeper more plentiful upper Floridan aquifer. Due to these withdrawal limitations and restrictions placed on the surficial Biscayne aquifer, the City is turning to the Floridan aquifer as an additional alternative water source to the surficial Biscayne aquifer in order to meet its future water demands. The change in the primary water source will provide the City with an adequate water supply and help the environment by reducing the potential for salt-water intrusion into the surrounding area's groundwater near the East WTP. Water Treatment. By changing the primary water source to the upper Floridan aquifer, the EPX Project will also change the water treatment process at the East WTP fi.om lime softening to a low-pressure reverse osmosis (LPRO) treatment system. The new LPRO treatment process will produce fresh water from the brackish upper Floridan aquifer water source. The LPRO membrane treatment process is similar to the existing membrane softening process at the West WTP and will produce a higher quality of water that is low in color and hardness than currently produced by the existing lime treatment process at the East WTP. The new LPRO membrane treatment process also provides the City with the best available technology to meet the existing and pending water quality requirements of the Environmental Protection Agency. Project Approach. It is anticipated that the required facilities for the East WTP will be constructed in two stages. In Stage 1, the City will install 8 million gallons per day (mgd) of treatment capacity and approximately ten Floridan wells to supply water by August TASK ORDER NO. U04-15-03 EPX PROJECT PHASE 1- OFF-SITE PIPELINES 2008. In Stage 2, the City will install the remainder of the equipment needed to expand the treatment facilities to 16 mgd of product water capacity by year 2013. To assist the City with Stage 1 of this large project, the City has assembled a team of five Consultants to provide professional services for the planning, preliminary design, design, permitting and construction of the required facilities. The EPX Project team consists of the following consultants with their respective project responsibilities: · Globaltech, Inc. - Program Management · CH2M HILL, Inc. - Floridan Aquifer Well field Development Kimley-Horn and Associates - Water Treatment Plant Design and Site Plan Development · Metcalf & Eddy- Off-Site Pipelines Development · Arcadis G&M, Inc. - Membrane Concentrate Disposal Development The City will-engage each conSultan~ separately for the Stage 1 work in two separate design phases: · Phase 1 - Conceptual/Preliminary Design Phase · Phase 2 -Design and Construction Phase In general, the Conceptual/Preliminary Design of Phase 1 to be conducted by the EPX Project team will accomplish the following: · ~ Select well site locations · Construction of two Floridan aquifer test wells to determine water quality and water withdrawal rates for well and plant process sizing · Identify raw water main routing considerations · Develop the new East WTP Water site layout to include the new LRPO facilities and the existing facihfies · Develop treatment process criteria to be used in Phase 2 design work · Determine the most feasible membrane concentrate disposal option(s) and provide design criteria for the most feasible disposal option(s) · Identify permitting requirements for improvements · Determine budgetary cost for improvements Based on the results of the Conceptual/Preliminary Design of Phase 11, the development of plans and specifications will be conducted in Phase 2, along with the construction services. These Phase 2 services are to be provided in subsequent task orders following the completion of the Phase 1 services. Services to acquire the land for raw water wells sites, membrane concentrate disposal site, and easements are not included in the scope of any of the EPX Project team members. Project description for Metcalf & Eddy's Off-Site Pipeline Development activity under the EPX Project Phase 1 services is provided in the remainder of this task order. TASK ORDER NO. U04-15-03 EPX PROJECT PHASE 1- OFF-SITE PIPELINES B. Project Description for Metcalf & Eddy Because of the large magnitude of the EPX Project, the EPX Project has been subdivided into five individual activities. Metcalf & Eddy (M&E) has been chosen to provide professional engineering services for all off-site piping for Phase 1 of the the EPX Project. This piping will primarily consist of a new raw water line to supply the Floridan Aquifer water to the East WTP site. M&E's project scope will be at the interface where raw water piping goes below grade (at below grade isolation valve) at each Floridan well location to the East WTP site. The scope may also include the concentrate disposal line and finished water distribution mains. The CITY has asked each consultant to provide a fee proposal to assist in the conceptual/preliminary design phase of the project. M&E's role during this first phase will be attending meetings to coordinate with project team members as needed, review information for those items which affect off-site piping routes, and provide assistance in community involvement. M&E's obligations include timely communication of activities and status of the project with the CITY's Senior Project Manager, Program Management staff (Globaltech), and other EPX Team members. C. Scope of Services M&E will provide professional engineering services to the CITY as follows: Task 1- M&E Project Management Task 1.1 - Management Project Management activities comprise contract administration, .coordination of project staff, monitoring of progress and project costs during the project. Task 1.2 - Project Meetings M&E will attend the following meetings with representatives of the CITY as part of this project, as follows: a. Monthly EPX Project Team Meetings b. EPX Technical Review Committee (TRC) Meetings For estimating purposes, we have assumed 18 monthly team meetings and 18 consultant interaction/technical review committee meetings each at an average of 6-hour durations. It is assumed that Globaltech, as the overall program's project manager, will be providing agenda and minutes for each monthly team meeting. For the TRC meetings identified in 'b' above, M&E will distribute a brief memorandum to each EPX member regarding TASK ORDER NO. U04-15-03 EPX PROJECT PHASE 1- OFF-SITE PIPELINES pertinent subject matter discussions. It is anticipated that M&E will be meeting with CH2MHill for well siting discussions, Arcadis for disposal discussions, and Kimley-Hom for finished water and water main route discussions. M&E is committed to fostering strong relationships with the EPX members. These meetings are one vehicle to meet our commitment. Task 2. - Conceptual Design M&E will provide review and assistance in those items which affect off-site piping routes. These items consist of Review and input for raw water well siting and concentrate disposal studies prepared by CH2M Hill and Arcadis, respectively, Review of Kimley-Horn~s Technical Memorandurm of well sites and East WTP ~ite plan, · Review of rights-of-way and easements for the probable pipe route, · Review ofpemfitting requirements~ · Researching grant opportunities, and · Preparation of a technical memorandum summarizing items above. As part of this task and upon agreement of well locations and method of concentrate disposal, M&E will prepare a budgetary cost estimate for all off-site pipelines. The purpose of the budgetary cost estimate is to allow for the CITY to have a planning cost as part of the overall plant expansion project. Task 3 - Community Involvement M&E shall prepare for, participate in, and conduct public information meetings as deemed appropriate by the CITY. At the request of the CITY or the Program Manager, M&E will attend and participate in City Commission meetings and provide updates to the City Commission. This task includes but may not be limited to providing assistance at City Commission Meetings, public meetings, and providing for journal articles. Hence, a $5,000 allowance has been provided in the fee proposal for this task. Task 4 - Permitting Seminars It is anticipated that the EPx Project team will host several pre-permitting events to inform and update the regulatory agencies as to the goals of the CITY's EPX Program. Early meetings will provide an overview of the program, however, as the program progresses, preliminary reviews and technical issues will be discussed to gain pre- approval from the permitting agencies. These seminars will be necessary to facilitate and understanding in a roundtable setting between permitting agencies such as the Health Department/FDEP, FDOT, Florida East Coast Railroad, and various City and County TASK ORDER NO. U04-15-03 EPX PROJECT PHASE 1- OFF-SITE PIPELINES agencies as needed for the off-site pipeline. Hence, a $5,000 allowance has been provided in the fee proposal for this task. Project Team The project team will be led by Mr. Alejandro Toro, P.E. who will act as principal-in- charge. The M&E's project manager will be Mr. Jim Penkoskry, P.E. D. Assumptions 1. The services under this scope of work are for the next 18 months during the conceptual planning stage shown in the overall project schedule. After that it is assumed that M&E will be providing design services under a new scope of work. E. Contract Reference This Task Order shall be performed under the terms and conditions described within the Consultant Agreement, Two-Year General Consulting and Engineering Contract dated November 18, 2003 between the CITY and Metcalf & Eddy. F. Additional Services At this time, there are no additional services anticipated that M&E would provide outside these scope of services. However, should the need for additional services arise, M&E will inform the CITY and Program Manager in writing prior to the commencement of any additional services. Any additional services can be provided, if desired by the CITY, under a separate Task Order(s) or by amendment to this Task Order. Services performed will be on an as- directed basis in accordance with a written Notice to Proceed fi:om the CITY. G. Obligations of the CITY 1. The CITY or Program Manager shall provide M&E in a timely manner, record data and information related to the project as necessary for the performance of the services specified herein. 2. The CITY shall review all documents presented by M&E; obtain advice of an attorney, insurance counselor, and other as CITY deems appropriate for such review and render decisions pertaining thereto within reasonable time so as not to delay the services of M&E. H. Deliverables Deliverables under Phase 1 of this project consist of the following: · Meeting Minutes as required for Technical Review Committee TASK ORDER NO. U04-15-03 EPX PROJECT PHASE 1- OFF-SITE PIPELINES · Technical Memorandum for Conceptual Design under Task 2 · Budgetary Cost Estimate I. Compensation M&E proposes to perform all tasks outlined above for a time and materials amount of $128,722. M&E will not exceed the fee amount of the individual tasks without prior written approval of the program manager or CITY. A cost estimate presenting a breakdown of fees and hours per task is included as Attachment 1. The fees are summarized below: Labor Labor Task Designation Hours Cost Expenses Total Cost 1.1 Mana§ernent 80 $9,080 $220 $9,300 1.2 Project Meetings 432 $60,156 - $220 $60,376 2.0 Conceptual Planning 438 $48,496 $550 $49,046 3.0 Community Involvement -- $5,000 -- $5,000 4.0 Permittin~ Seminars -- $5,000 - $5,000 Totals 950 $127,732 $990 $128,722 J. Project Schedule The M&E will commence work upon receipt of written authorization and complete work associated with this Task Order in accordance with the master schedule developed by the EPX Project team provided in Attachment 2. As this is a team effort between five consultants retained by the CITY, M&E will adhere to the master schedule agreed by the EPX Project team and the CITY. M&E is fully committed to achieving all dates for our responsible portion of the work. Once applicable for off-site piping, M&E will be providing a scope specific schedule in Microsoft Project. TASK ORDER NO. U04-15-03 EPX PROJECT PHASE 1- OFF-SITE PIPELINES DATED this day of ,2004. CITY OF BOYNTON BEACH METCALF & EDDY, INC. Kurt Bressner, City Manager Mark S Blancl~rd Vice President Attest/Authenticated: Title City Clerk (Corporate Seal) Approved as to Form: Attest/Authenticated: Office of the City Attorney Diall0flN°taryellgm0to TASK ORDER NO. U04-15-03 EPX PROJECT PHASE 1- OFF-SITE PIPELINES ATTACHMENT 1 COST ESTIMATE PHASE 1 TASK ORDER NO. U04-15-03 EPX PROJECT PHASE 1- OFF-SITE PIPELINES ATTACHMENT 2 MASTER SCHEDULE ARCADIS G&M, INC. TASK ORDER U04-01-01 EAST PLANT EXPANSION Task Order No. U04-01-01 ~0~,~,0~ AGENDA 5/18/04 City of Boynton Beach East Water Treatment Plant Expansion Stage 1 Conceptual/Preliminary Design Phase 1 Engineering Services for Membrane Concentrate Disposal Evaluation A. Background The City of Boynton Beach (City) is embarking on a major improvement project for the City's East Water Treatment Plant (WTP). The project named "East Plant Expansion" (or "EPX" for short) will address the City's future water needs. Currently, the South Florida Water Management District (SFWMD) limits the quantity of water available for withdrawal from the City's primary source of water, the surficial Biscayne aquifer, for potable water use. If not addressed, this existing' water withdrawal restriction will create water shortages for the City in the future. Water Supply. The EPX Project will resolve the potential water shortage issues by changing the East WTP's primary water source from the existing surficial Biscayne aquifer to the deeper more plentiful upper Floridan aquifer. Due to these withdrawal limitations and restrictions placed on the surficial Biscayne aquifer, the City is turning to the Floridan aquifer as an additional altemative water source to the surficial Biscayne aquifer in order to meet its future water demands. The change in the primary water source wilt provide the City with an adequate water supply and help the environment by reducing the potential for salt-water intrusion into the surrounding area's groundwater near the East WTP. Water Treatment. By changing the primary water source to the upper Floridan aquifer, the EPX Project will also change the water treatment process at the East WTP from lime softening to a low-pressure reverse osmosis (LPRO) treatment system. The new LPRO treatment process will produce fresh water from the brackish upper Floridan aquifer water source. The LPRO membrane treatment process is similar to the existing membrane softening process at the West WTP and will produce a higher quality of water that is low in color and hardness than currently produced by the existing lime treatment process at the East WTP. The new LPRO membrane treatment process also provides the City with the best available technology to meet the existing and pending water quality requirements of the Environmental Protection Agency. Project Approach. It is anticipated that the required facilities for the East WTP will be constructed in two stages. In Stage 1, the City will install 8 million gallons per day (mgd) of treatment capacity and approximately ten Floridan wells to supply water by TASK ORDER NO. U04-01-01 EPX PROJECT PHASE 1- MEMBRANE CONCENTRATE DISPOSAL EVALUATION August 2008. In Stage 2, the City will install the remainder of the equipment needed to expand the treatment facilities to 16 mgd of product water capacity by year 2013. To assist the City with Stage 1 of this large project, the City has assembled a team of five Consultants to provide professional services for the planning, preliminary design, design, permitting and construction of the required facilities. The EPX Project team consists of the following consultants with their respective project responsibilities: · Globaltech, Inc. - Program Management · CH2M HILL, Inc. - Floridan Aquifer Well field Development · Kimley-Hom and Associates - Water Treatment Plant Design and Site Plan Development · Metcalf & Eddy- Off-Site Pipelines Development · Arcadis G&M, Inc. - Membrane Concentrate Disposal Development The City will engage each Consultant separately for the Stage ! work in two separate design phases: · Phase 1 - Conceptua//Preliminary Design Phase · Phase 2 -Design and Construction Phase In general, the Conceptual/Preliminary Design of Phase 1 to be conducted by the EPX Project team will accomplish the following: · Select well site locations · Construction of two Floridan aquifer test wells to determine water quality and water withdrawal rates for well and plant process sizing · Identify raw water main routing considerations · Develop the new East WTP Water site layout to include the new LRPO facilities and the existing facilities · Develop treatment process criteria to be used in Phase 2 design work · Determine the most feasible membrane concentrate disposal option(s) and provide design criteria for the most feasible disposal option(s) · Identify permitting requirements for improvements · Determine budgetary cost for improvements Based on the results: of the Conceptual/Preliminary Design of Phase 1, the development of plans and specifications will be conducted in Phase 2, along with the construction services. These Phase 2 services are to be provided in subsequent task orders following the completion of the Phase 1 services. Services to acquire the land for raw water wells sites, membrane concentrate disposal site, and easements are not included in the scope of any of the EPX Project team members. Project description for ARCADIS's Membrane Concentrate Disposal Evaluation activity under the EPX Project Phase 1 services is provided in the remainder of this task order. TASK ORDER NO. U04-01-01 EPX PROJECT PHASE 1- MEMBRANE CONCENTRATE DISPOSAL EVALUATION B. Project Description for ARCADIS Because of the large magnitude of the EPX Project, the EPX Project has been subdivided into five individual activities. ARCADIS (CONSULTANT) will perform a Membrane Concentrate Disposal Evaluation for the drinking water by-product to be generated by the planned East WTP LPRO treatment system. The work includes the completion of a memorandum that identifies and ranks options that can be permitted and are practical, and recommends further evaluation of the 2 or 3 most suitable options. ARCADIS will further evaluate the technical feasibility and cost of the highest ranked options and complete a report describing findings. In addition, during Phase 1, ARCADIS will anticipate and provide project-knowledgeable staff to attend semi-monthly (twice per month) meetings (EPX Project progress meetings and EPX technical review meetings). Also, ARCADIS will participate in public information events such as Commission Meetings, c0mmm/i~'ty activities and meetings, agency seminars, prep~ation of white papers and technical conference presentations, as requested by the CITY. C. Scope of Services ARCADIS will prepare a Membrane Concentrate Disposal Evaluation for handling drinking water by-product generated by the planned East WTP LPRO treatment system. Task 1 - Identify Permittable Options ARCADIS will identify reasonable options for disposal. Available options will be determined from internal discussions and input from City staff and its consulting team. Current apparent options are: · Deep well injection · Shallow injection · Sanitary sewer discharge · Ocean outfall · Near-shore ocean discharge · Intracoastal waters · Surface disposal through exfiltration gallery · Re-use for irrigation ARCADIS will contact the Florida Department of Environmental Protection and other regulatory agencies, as appropriate (i. e., Palm Beach County Department of Environmental Resources Management, Palm Beach County Health Unit), to discuss the potential to permit the various options. Some options may be permittable but the process is long. Since the project schedule is critical, discussions will include the length of time necessary and likely for permitting. ARCADIS will prepare a draft memorandum for review by City staff and the consulting team, including a ranking of options and recommendations to further evaluate the most permittable options. At the present time, TASK ORDER NO. U04-01-01 EPX PROJECT PHASE 1- MEMBRANE CONCENTRATE DISPOSAL EVALUATION further evaluation will be limited to a maximum of 3 options. The "Memorandum" will be finalized after receipt of comments. Task 2 - Evaluate Most Permittable Options The options identified in Task 1 will be further evaluated in this Task 2. The two or three most attractive options will be evaluated for technical feasibility and cost. Consideration will be given to the following factors: · Probable time needed to permit · Cost and time for acquisition of land, right of way, and/or negotiated agreements · Constmctability by June 2008 · Public perception Cost to acquire Property and permit, design and construct (separate costs) the disposal facilities, pipeline and ancillary treatment facilities · Cost for operation and maintenance · Design implications related to backup and redundancy requirements · Data needed for permit application The options will be compared, including a present worth analysis of each of the (2 or 3) options and including a separate analysis of intangible factors, if any. A draft report will be prepared that addresses the factors considered in reviewing the most permittable options and including a recommendation for the most favorable option. After review and comment on the draft report by City staff and the consulting team, a final "Report" will be prepared and submitted. Task 3 - Team Meetings During Phase 1, ARCADIS will anticipate and provide project-knowledgeable staff to attend semi-monthly (twice per month) meetings (EPX Project progress meetings and EPX technical review meetings), as may be requested by the CITY. It is assumed that Globaltech, as the overall program's project manager, will be providing agenda and minutes for each monthly team meeting. For the TRC meetings, ARCADIS will distribute a brief memorandum to each EPX member regarding pertinent subject matter discussions. It is anticipated that ARCADIS will be meeting with Kimley-Hom to discuss membrane concentrate water quality and with Metcalf and Eddy to discuss water main route issues. Task 4- Community Involvement ARCADIS will participate in public information events such as Commission Meetings, community activities and meetings, agency seminars, preparation of white papers and technical conference presentations, as requested by the CITY. At the request of the CITY staff, ARCADIS will attend and participate in City Commission meetings and provide updates to the City Commission. TASK ORDER NO. U04-01-01 EPX PROJECT PHASE 1- MEMBRANE CONCENTRATE DISPOSAL EVALUATION Task 5 - Grant Applications During Phase 1, ARCADIS will make efforts to identify cooperative funding and grant opportunities for which the project may be eligible and bring those opportunities to the attention of CITY staff. Upon direction fi:om CITY staff, ARCADIS will prepare and submit applications for fimds to meet the application deadlines, along with supporting documentation as may be required. D. Assumptions In order to complete as current and accurate a study as possible, ARCADIS will need timely data about the following: Flow rate and water quality for Stage 1 (8 mgd finished water capacity) Flow rate and water quality for Stage 2 (16 mgd finished water capacity) · Schedule of target completion for Plant Expansion Stage 1 and Stage 2 E. Contract Reference This Task Order shall be performed under the terms and conditions described in the Agreement for General Engineering Services dated November 18, 2003, between the City of Boynton Beach and ARCADIS G&M, Inc. E Additional Services Additional Services may be provided by ARCADIS upon request by thc CITY. These services may include but are not limited to those services not provided in Section C. Additional Services may include services that were expected to be provided by others (Section D) but Were not or cannot be provided by others. Other examples of Additional Services include but are not limited to permitting, design or construction management services; preparation of specifications; data acquisition including but not limited to construction or testing to determine disposal capacity; collection and analysis of hydrogeologic, geotechnical, water quality or biological data; surveying or appraisal services. G. Obligations of the City The City shall promptly provide ARCADIS, as needed, with record data, drawings (electronic) and information regarding right of ways available to the City, lands under the City's ownership or control, the City's rights of use of facilities inside and outside the City (including the South Central Regional Wastewater Treatment Plant, sewer and water transmission lines), and costs and appraisals of various properties and types of properties inside and outside the City, to the extent the data and information is available to the City. TASK ORDER NO. U04-01-01 EPX PROJECT PHASE 1- MEMBRANE CONCENTRATE DISPOSAL EVALUATION H. Deliverables Deliverable 1 (Memorandum) shall represent that Task 1 is 100 % complete. Deliverable 2 (Report) shall represent that Task 2 is 100% complete. Draft versions of both Deliverables will be provided for review and comment by the City and EPX consulting team before the final Deliverables are prepared. I. Compensation The CONSULTANT shall invoice the CITY monthly for services completed in the previous month, on a time-and-expenses basis, at rates established in the Agreement (referenced in Section E) between the CONSULTANT and the CITY. The CONSULTANT also will provide the Senior Project Manager and the EPX Program Manager with an update on project budget status monthly. The CITY shall promptly process each invoice, promptly notify the CONSULTANT of any charges in dispute, and pay .the CONSULTANT for amounts not in dispute promptly in accordance with the terms of the Agreement. ARCADIS proposes to perform all tasks outlined above for a time-and-expenses amount of $128,814.10. ARCADIS will not exceed the fee amount of the individual tasks without prior written approval of the program manager or CITY. Attachment 1 shows the estimated staff hours and estimated labor fees for this Task Order. The fees are summarized below: Labor Labor Task Designation Hours Fee ExpenSes Total Fees 1. Identify Options 174 $25,055 $1,327 $26,382 2. Evaluate Most Pemittable Options 226 $30,855 $1,018 $31,873 3. Team Meetings 162 $24,900 $822 $25,722 4. Community Involvement 115 $15,620 $515 $16,135 5. Grant Applications 201 $27,785 $917 $28,702 Totals 878 $124,215 $4,599 $128,814 J. Schedule ARCADIS will commence work upon receipt of written authorization and complete work associated with this Task Order in accordance with the attached master schedule developed by the EPX Project.team. TASK ORDER NO. U04-01-01 EPX PROJECT PHASE 1- MEMBRANE CONCENTRATE DISPOSAL EVALUATION Deliverable 1 will be provided within 2 months of written authorization to proceed. Deliverable 2 will be provided within 5 months of receipt of written authorization to proceed. TASK ORDER NO. U04-01-01 EPX PROJECT PHASE 1- MEMBRANE CONCENTRATE DISPOSAL EVALUATION DATED this day of ,2004. CITY OF BOYNTON BEACH ARCADIS G&M, INC.. Kurt Bressner ,~Asiili City Manager Associate Vic6 President/ Southeast Florida Area Manager Attest/Authenticated: Wimess: City Clerk Approved as to Form: Office of the City Attorney ATTACHMENT 1 COST ESTIMATE PHASE I TASK ORDER NO. U04-01-01 EPX PROJECT PHASE 1 - MEMBRANE CONCENTRATE DISPOSAL EVALAUTION ATTACHMENT 2 MASTER SCHEDULE VI'.-CONSENT AGENDA I'TEM C.2. 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 [] April 6, 2004 March 15, 2004 (Noon.) [] June 1,2004 May 17, 2004 (Noon) [] April 20, 2004 April 5, 2004 (Noon) [] June 15, 2004 May 31,2004 (Noon) [] May 4, 2004 April 19, 2004 (Noon) [] July 6, 2004 June 14, 2004 (Noon)~ [] May 18, 2004 May 3, 2004 (Noon) [] July 20, 2004 July 5, 2004 (Noon) "~ [] Administrative [] Legal NATURE OF [] Announcement [] New Business ~r~ AGENDA ITEM [] City Manager's Report [] Presentation ~:~ [] Consent Agenda [] Public Hearing --r [] Code compliance/Legal Settlements [] Unfinished Business RECOMAMENDATION: Authorization to execute by Resolution an Assignment and Assumption Agreement amongst the City of Boynton Beach, Crossroads Engineering & Surveying, Inc. and Erdman Anthony of Florida, Inc. EXPLANATION: On November 18, 2003, the City Commission approved a two-year consultant agreement with Crossroads Engineering & Survey, Inc. for Scope C, Infrastructure Improvements and Repairs. The award of the agreement was a result of the Consultants Competitive Negotiation Act process that the Utilities Department went through on Request for Qualifications #065-2821-03/CJD. Crossroads Engineering & Survey, Inc. has informed the City of Boynton Beach, in writing, that they have be~en acquired by Erdman Anthony of Florida, Inc., thus the need for the Assignment and Assumption Agreement between the parties. Currently, there are no Task Orders executed or in development with Crossroads Engineering. PROGRAM IMPACT: Assignment of this agreement will continue the opportunity to utilize Crossroads Engineering & Survey, Inc. for any Scope C needs. S:~BULLETIN'xFORMSLatGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM FISCAL IMPACT: At this time there is no fiscal impact. ALTERNATIVES: An alternative would be to deny execution of the Assignment and Assumption Agreement. This is not recommended. Crossroads Engineering & Survey, Inc. was selected based on their experience, qualifications and ability to be responsive to meet needs within Scope C. Department Head's'Sil~amre .... C'it~ Manager s Stgnamre Utilities Department ~~C i~A~y~/~.~_T~H Department Name uman Resources cc: Barb Conboy Paul Fleming S:'xBULLETINWORMSLa, GENDA ITEM REQUEST FORM.DOC 1 RESOLUTION NO. 04- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, AUTHORIZING AND APPROVING AN 5 ASSIGNMENT AND ASSUMPTION AGREEMENT 6 BETWEEN THE CITY OF BOYNTON BEACH AND 7 CROSSROADS ENGINEERING & SURVEYING, INC. AND 8 ERDMAN ANTHONY OF FLORIDA, INC. AND 9 AUTHORZING THE CITY MANAGER AND CITY CLERK 10 TO EXECUTE THE AGREEMENT; AND PROVIDING AN 11 EFFECTIVE DATE. 12 13 WHEREAS, On November 18, 2003, the City Commission approved a two-year 14 7onsultant Agreement with Crossroads Engineering & Survey, Inc. for Scope C, 15 nfi-astmcture Improvements and Repairs; and 16 WHEREAS, Crossroads Engineering & Survey, Inc. has informed the City that they 17 lave been acquired by Erdman Anthony of Florida, Inc., thus the need for a Assgnment and 18 ~,ssumption Agreement between the parties. 19 NOW, THEREFORE, BE IT RESOLVED BY TIlE CITY COMMISSION OF 20 ['ItE CITY OF BOYNTON BEACH, FLORIDA, THAT: 21 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 22 ,eing tree and correct and are hereby made a specific part of this Resolution upon adoption 23 tereof. 24 Section 2. The City Commission of the City of Boynton Beach, Florida does 25 ereby authorize and approve the Assignment and Assumption Agreement between the City 26 ,f BoYnton Beach and Crossroads Engineering & Surveying, Inc. and Erdman Anthony of 27 ~lorida, Inc., said Agreement is attached hereto as Exhibit "A". 28 Section 3. The City Manager and City Clerk are authorized and directed to 29 xecute said Agreement. 1 Section 4. This Resolution shall become effective immediately upon passage. 2 PASSED AND ADOPTED this __ day of June, 2004. 3 4 CITY OF BOYNTON BEACH, FLORIDA 5 6 7 Mayor 8 9 10 Vice Mayor 11 12 13 Commissioner 14 15 16 Commissioner 17 18 19 Commissioner 20 21 22 2ity Clerk 23 24 Corporate Seal) 25 26 27 ASSIGNMENT AND ASSUMPTION AGREEMENT This ASSaGNMENT AND ASSUMPTION AGREEMENT, dated ,2004 (the "Assignment"), is made by and among the City of Boynton Beach (the "Assignor"), Crossroads Engineering & Surveying, Inc. ("Crossroads"), and Erdman Anthony of Florida, Inc. (the "Assignee"). WHEREAS, Assignee and Crossroads intend to enter into an agreement (the "Purchase Agreement") whereby Assignee will purchase substantially all of the assets of Crossroads, including, without limitation, certain contracts of Crossroads; and WHEREAs, Assignor and Crossroads have entered into that ce~ain Agreement for General Consulting and En 'gmeering Services with the City of Boynton Beach contract dated November 18, 2003, Contract No. R03-182, for services as stated in the attached Agreement for Assignor (the "Services Agreemenf'), which Services Agreement is attached hereto and made a part hereof as F. xhihit A; and WHEREAS, pursuant to the Agreement, Crossroads desires to assign to Assignee, and Assignee desire to assume from Crossroads, the fights and obligations of Crossroads under the Services Agreement; and Now, Tm~.REFoRE, the parties hereto agree as follows: 1. All of the above recitals are incorporated herein and made a part hereof as if fully rewritten. 2. Assignor does hereby sell, assign and transfer to Assignee, effective as of the Closing Date as defined in the Purc~ Agreement (the "Closing Date"), all of Crossroad's right, title and interest, and delegates to Assignee all of the duties of Assignor, under the Services Agreement. This Assignment shall have no effect until the closing of the mmsactions contemplated under the Purchase Agreement.: 3. Assignee hereby assumes and agrees to perform all of Crossroads obligations and liabilities under the Services Agreement arising on or after the Closing Date. 4. Nothing in this Assignment shall otherwise affect Crossroads' obligations arising under the Assignment, including, without limitation, any obligations of indemnification as set forth in the Purchase Agreement. [Signatures on next page.] IN WITNESS WHEREOF, the parties have executed this Agreement as of the date and year above first written. ASSIGNOR: ASSIGNEE: ERDMAN ANTHONY OF FLOR1DA, INC. Its: Its:. CROSSROADS ENGINEERING & SURVEYING, INC. Name: Dana 1_ Ctil~tte; PE: PSM Its: Pre.qident EXlt~IT A Services A~oreement See attached. AGREEMENT foF GENERAL CONSULTING AND ENGINEERING SERVICES THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to as "City", and Crossroads Engineering, Inc., hereinafter referred to as "Consultant", in consideration of the mutual benefits, terms, and conditions hereinafter specified. WHEREAS, the City issued a Request for Qualifications invitation for Consulting and General Engineering services for the City of Boynton Beach, Utility Department, RFQ No. 065- 2821-03/CJD; and WHEREAS, RFQ No. 065-2821-03/CJD defined four (4) Scopes of Services to include design services, permitting, bidding services, construction administration, and all miscellaneous services for the areas of stormwater, public drinking water, wastewater collection and transmission; and other assignments logically tied to the development, operation and maintenance of the City of Boynton Beach Utility Department; and WHEREAS, RFQ No. 065-2821-03/CJD further defined four (4) Scopes of Services as Scope A: Water Plant Expansion and Capacity Replacement; Scope B: Wellfield DevelopPaent and Hydrogeology Services; Scope C: Infrastructure Improvements; and Scope D: Ancillary Studies and Services; and WHEREAS, Consultant timely submitted its qualifications in accordance with the Request for Qualifications invitation, the City's Procurement Code, and Florida Statute 286.055, the Consultants' Competitive Negotiations Act; and WHEREAS, the City Administrative review team determined that Consultant was qualified for appointment to perform the scope(s) of services set forth in the Request for Qualifications invitation; and WHEREAS, the City Commission on ]'~0~}. [g/ , 2003, accepted the City Administration's recommendation and designated Consultant as one of 15 qualified consulting firms for scope c to provide general engineering services to the City;, and WHEREAS, the City Manager, through his administrative staff, has successfully negotiated an agreement with Consultant defining terms and conditions for the performance of consulting and engineering services within the scope of the Request for Qualifications invitation. NOW, THEREFORE, in consideration of the mutual covenants expressed herein, the parties agree as follows: 1. REPRESENTATIONS: The representations set forth in foregoing whereas clauses are tree and correct. CA-1 2. PROJECT DESIGNATION. The Consultant is retained by the City to perform general engineering consulting services under a continuing contract with the City whereby the Consultant, on a non-exclusive basis, under the terms of this agreement, Consultant, on written request by the City, will provide professional engineering services to the City for: A. Individual projects in which construction costs do not exceed $1,000,000.00, or B. Individual study activity when the fee for such professional service does not exceed $50,000.00 C. For engineering work of a specified nature as hereinafter identified in the scope of services and as requested by the City with no time limitation, or D. Design build projects 3. 'SCOPE(S) OF SERVICE. Consultant agrees to perform engineering services on specified projects at the request of the City during the term of this agreement, including the provision of all labor, materials, equipment and supplies. The specified projects which may be assigned to Consultant are set forth on Exhibit "A" (Exhibit 'A' will define the scope(s) Consultant is approved for). Consultant acknowledges that it is one of 15 consulting firms for Scope C which will be assigned projects listed on Exhibit "A" and that the City has made no representation or promise regarding which projects or the number of projects that will be assigned to Consultant. 4. TERM. The initial term of this Agreement shall be two (2) years. This Agreement may be renewed for two (2) additional two (2) year periods subject to Consultant acceptance, satisfactory annual performance evaluation and determination that renewal is in the best interest of the City. 5. TIME OF PERFORMANCE. Work under this contract shall commence upon the giving of written notice by the City to the Consultant by way of an executed task order. Consultant shall perform all services and provide all work product required pursuant to this agreement and the specific task order, unless an extension of such time is granted in writing by the City. 6. PAYMENT. The Consultant shall be paid by the City for completed work and for services rendered under this agreement as follows: a. Payment for the work provided by Consultant shall be made based on the hourly rates as provided on Exhibit "B" attached hereto. The hourly rates shall be reviewed and may be adjusted in conjunction with the renewal every two years at the request of the Consultant and following approval by the City. Approval of rate changes shall be by resolution of the City Commission. b. The Consultant may submit vouchers to the City once per month during the progress of the work for partial payment for project completed to date. Such vouchers will be checked by the City, and upon approval thereof, payment will be made to the Consultant in the amount approved. c. Final payment of any balance due the Consultant will be made promptly upon its ascertainment and verification by the City after the completion of the work under this agreement and its acceptance by the City. CA-2 d. Payment as provided in this section shall be full compensation for work performed, services rendered and for all materials, supplies, equipment and incidentals necessary to complete the work. OWNERSI-~ AND USE OF DOCUMENTS. All documents, drawings, specifications and other materials produced by the Consultant in connection with the services rendered under this agreement shall be the property of the City whether the project for which they are made if executed or not. The Consultant shall be permitted to retain copies, including reproducible copies, of drawings and specifications for information, reference and use in connection with Consultant's endeavors. Any use of the documents for purposes other than as originally intended by this Agreement, with out the written consent of the Consultant, shall be at the City's sole risk. WARRANTIES AND REPRESENTATIONS. Consultant represents and warrants to the City that it is competent to engage in the scope(s) of services contemplated under this agreement and that it will retain and assign qualified professionals to all assigned projects during the term of this Agreement. Consultant's services~shall meet a standard of care for professional engineering and related services equal to or exceeding the standard of care for engineering professional practicing under similar conditions. COMPLIANCE WITH LAWS. Consultant shall, in performing the services contemplated by this service agreement faithfiffiy observe and comply with ali federal, state and local laws, ordinances and regulations that are applicable to the services to be rendered under this agreement. INDEMNIFICATION. Consultant shall indemnify and hold harmless the City, its officers, agents, and employees, from and against any and all claims, losses, or liability, or any portion thereof; including reasonable attorneys' fees and costs, arising from any injury or death to persons, including but not limited to injuries, sickness, disease, or death to Consultant's own employees or agents, or damage to property, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Consultant, its agents or employees. Neither party to this Agreement shall be liable to any third party claiming directly or through the other respective party, for any special, incidental, indirect, or consequential damages of any kind, including but not limited to lost profits or use, that may result from this Agreement or out of the services or goods furnished hereunder. INSURANCE. The Consultant shall secure and maintain in force throughout the duration of this contract comprehensive general liability insurance with a minimum coverage of $1,000,000 per occurrence and $1,000,000 aggregate for personal injury; and $1,000,000 per occurrence/aggregate for property damage, and professional liability insurance in the amount of $1,000,000. The general liability policy shall include the City as an additional insured and shall include a provision prohibiting cancellation of the policy except upon thirty (30) days prior written notice to the City. Said genea'al liability policy shall name the City of Boynton Beach as an additional named insured and shall include a provision prohibiting cancellation of said policy except upon thirty (30) days prior written notice to the City. Certificates of coverage as required by this section shall be delivered to the City within frtteen (15) days of execution of this agreement. CA-3 INDEPENDENT CONTRACTOR. The Consultant and the City agree that the Consultant is an independent contractor with respect to the services provided pursuant to this agreement. Nothing in this agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither Consultant nor any employee of Consultant shall be entitled to any benefits accorded City employees by virtue of the services provided under this agreement. The City shall not be responsible for withholding or otherwise deduction federal income tax or social security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to Consultant, or any employee of Consultant. CONVENANT AGAINST CONTINGENT FEES. The Consultant warrants that he has not employed or retained any company or person, other than a bonafide employee working solely for the Consultant, to solicit or secure this contract, and that he has not paid or agreed to pay any company or person, other than a bonafide employee working solely for the Consultant, any fee, commission, percentage, brokerage fee, gift. s, or ay other consideration contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty, the City shall have the right to annul this contract without liability or, in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. DISCRIMINATION PROHBITED. The Consultant, with regard to the work performed by it under this agreement, will not discriminate on the grounds of race, color, national origin, religion, creed, age, sex or the presence of any physical or sensory handicap in the selection and retention of employees or procurement of materials or supplies. ASSIGNMENT. The Consultant shall not sublet or assign any of the services covered by this agreement without the express written consent of the City. NON-WAIVER. Waiver by the City of any provision of this agreement or any time limitation provided for in this agreement shall not constitute a waiver of any other provision. TERMINATION. a. The City reserves the right to terminate this agreement at any time by giving ten (10) days written notice to the Consultant. b. In the event of the death of a member, partner or officer of the Consultant, or any of its supervisory personnel assigned to the project, the surviving members of the Consultant hereby agree to complete the work under the terms of this agreement, if requested to do so by the City. This section shall not be a bar to renegotiations of this agreement between surviving members of the Consultant and the City, if the City so chooses. c. The Consultant reserves the right to terminate this Agreement by giving sixty (60) days written notice to the City. CA-4 DISPUTES. Any dispute arising out of the terms or conditions of this agreement shall be adjudicated within the courts of Florida. Further, this agreement shall be construed under Florida law. NOTICES. Notices to the. City of Boynton Beach shall be sent to the following address: City of Boynton Beach 124 E. Woolbright Road Boynton Beach, FL 33425-0310 Attn: Paul Fleming, Senior Project Manager Notices to Consultant shall be sent to the following address: Crossroads Engineering & Surveying, Inc. 1402 Royal Palm Beach Blvd., Bld. 500 Royal Palm Beach, FL 33411 INTEGRATED AGREEMENT. This Agreement, together with attachments or addenda, represents the entire and integrated agreement between the City and the Consultant and supersedes all prior negotiations, representations, or agreements written or oral. This agreement may be amended only by written instrument signed by both City and Consultant. CA-5 DATEDthis I~ dayof ~,oqe~tx~e.( ,20~_.3_. CITY OF BOYNTON BEACH Kurt Bressner, City Manager (Ionsultant Attest/Authenticated: ~5 ~ ~'t (~ZtI'~'V Title ~ ~. ~ (CorporateSeal) Appro~nn~ Attest/Authenticated: Office ~f the City~fomey S~~t~ ~ ~'~ ~c~'~ Rev. 04/08/03 CA-6 EXHIBIT A SCOPE C: INFRASTRUCTURE IMPROVEMENTS · Water Main Replacement · Intercormections · Sanitary Sewer Line, Repair, Rehabilitation, Replacement · Inflow & Infillxation Studies/Repair · Wastewater Pump Station Rehabilitation/Expansion & Analysis · Pump Sizing/Expansion/Improvements · Stormwater Management · Swale and Drainage Development/Improvements · Outfalls · Roadway and Transportation · Neighborhood Improvements · Lighting · Sidewalks t · Park Amenities · Other Related services EXHIBIT B PLEASE PROVIDE A BRIEF DESCRIPTION FOR EACH CLASSIFICATION WHERE AN HOURLY RATE IS ASSIGNED Classification ;Hourly Rate Employees Identified PROJECT DIRECTOR (PRINCIPAL) $130.00 Gillette, Dana Qualifications Required: An owner of the firm with an engineering degree, a professional engineering license and at least 15 years of experience responsible for the overall Fancfioning of the Engineering Division. Technical Qualifications: A fully competent engineer capable of devising new approaches to problems encountered, applying intensive and diverse knowledge of ~ngineedng principles in broad areas and related fields, and demonstrating creativity, foresight, and mature engineering judgment in anticipating and solving engineering problems. Knowledge of AutoCADD or MicroStation, Geopac, Excel, Word, and general computer skills are also required. Supervisory Responsibilities: Supervise the technical and administrative staffs. Reports To: Board of Directors. General Duties: Maintain contacts with key engineers and officials in other organizations demonstrating skill in persuasion and negotiation of critical issues. Coordination wit~ clients, permit agencies, subconsultants. Ensuring the quality and schedule of the wor~ ~roduct. Participation in marketing and sails presentations. Supervision of technical staff Preparation of proposals, contracts and invoicing. NSPE/ASCE Equivalent: Engineer Level VIII CLIENT SERVICE MANAGER SENIOR PROJECT MANAGER $100.00 Khan, Nisar Qualifications Required: This is professional position for a graduate engineer who has obtained or is eligible to obtain a Professional Engineering license and at least 10 years ot Note: Mr. Khan holds a PhD in experience. Engineering from Perdue Technical Qualifications: Independently evaluate, select and apply engineering techniques and procedures, using their judgment to make adaptations and reedifications. The professional engineer must be able to devise new approaches to problems encountered and to independently perform most assignments. Knowledge of AutoCADD or MicroStation, Geopac, Excel, Word, and general computer skills are also required. Supervisory Responsibilities: Oversee the work of engineers, designers and administrative staff. Reports To: A principal of the firm who will provide quality control reviews and instructions as to general results expected. General Duties: Responsible for design and preparation of portions of construction plans for a variety of civil engineering projects, field reviews during construction to ensure compliance with plans and specifications, coordination with clients, permit agencies, subconsultants, and participation in marketing and sales presentations. Oversee technical staff, assist in preparaUon of proposals, contracts and invoicing. NSPE/ASCE Equivalent: Engineer Level VI PROJEC'r ENGINEER $90.00; Hamblet, Sean QualificaUons Required: This is professional position for a graduate engineer who has obtained or is eliglbil to obtain a Professional Engineering license and at ilast 5 years ol experience. Technical Qualifications: The professional engineer will independently or with minor assistance from a supervisor evaluate, select and apply standard engineering techniques and procedures, using their judgment to make adaptations and modifications. The )rofessional engineer must be able to devise new approaches to problems encountered and to independently perform most assignments. Knowledge of AutoCADD or MioroStation, Geopac, Excel, Word, and general computer skills are also required. Supervisory Responsibilities: May be assisted by other memebers of the technical and administraUve staffs. Reports To: A senior engineer or a principal of the firm who will review the work and: )revide quality control reviews and instructions as to general results expected. General Duties: Responsible for the overall design and preparation of construction plans for a variety of civil engineering projects, field reviews during construction to ensure compliance with plans and specifications, coordination with clients, permit agencies, subconsultants, and participation in ma[keting and sales presentations. Oversee technical staff, assist in preparation of proposals, contracts and invoicing. NSPE/ASCE Equivalent: Engineer Level V EXHIBIT B PLEASE PROVIDE A BRIEF DESCRIPTION FOR EACH CLASSIFICATION WHERE AN HOURLY RATE IS ASSIGNED Classification Hourly Rate Employees Identified SCIENTIST SENIOR DESIGNER $60.00 Dussie, Dane Qualifications Required: This is a position for a graduate engineer with 3 or more years of experience who has. obtained an Engineer Intern certification or who is eligible to obtain an Engineer Intern certification. Technical Qualifications: This individual will develop their knowledge and abilities in this )osition by applying standard techniques, procedures and criteda exercising judgment on details of work and in making preliminary selections of engineering techniques and adaptations to those techniques to-suit the particular assignment. This individual Is expected to undemtand and be able to apply standard practices and techniques, adjust and correlate data and results, recognize discrepancies in results, and follow operations throughout a series of related detailed steps. Knowledge of AutoCADD or MicroStation !Geopac, Excel, Word, and general computer skills are also required. Supervisory Resp0nsibilities: The project engineer may be assisted by a technician. Reports To: A professional engineer who will screen their assignments for unusual o~ difficult problems and select the techniques and procedures to be applied on non-routi~ work. General Duties: Design and prepare construction plans for a variety of civil engineering projects, field review prior to design, on-site construction observation, coordination with permit agencies and subconsuitants. NSPF_.JASCE Equivalent: Engineer Level 111 DESIGNER SENIOR ENGINEER/HYDROGEOLOGIST ENGINEER/HYDROGEOLOGIST (TECHNICAL SPECIALIST) SENIOR PROFESSIONAL SURVEYOR/MAPPER $130.00 ' Noth, James :Qualifications Required: An owner of the firm with a land surveying degree, registered professional land surveyor and at least ~teen years of experience responsible for the overall functioning of the Surveying Division. Technical Qualifications: A fully competent surveyor demonstrating creativity, foresight, and mature professional judgement. Capable of anticipating difficulties, devising solutions to improve the production and quality of surveying services, and knowlegabie of the Florida laws and practices. Knowlege of AUtoCADD or MicroStation, Geepac, CaCIE, Word. Excel and general computer knowledge is required. Supervbory Responsibiliflee: Responsible for the overall functioning of the Surveying & Mapping Division. This position will oversee hlghering and firing and all surveys produced. Reports To: Board of Directors General Duties: Primary responsibilities Include review of work in process and final maps Prior to release to clients, ensuring thequality and schedule of the work product, coordinating with clients and other design team members, the preparation of survey proposals. Also responsible for contract negotiaUons, survey invoices and EXHIBIT B PLEASE PROVIDE A BRIEF DESCRIPTION FOR EACH CLASSIFICATION WHERE AN HOURLY RATE IS ASSIGNED !Classification IHourty Rate Employees Identified PROFESSIONAL SURVEYOR/MAPPER $90.00 Laird, Terry Qualifications Required: Registered professional land surveyor and at least ten years of experience, i Banko, Katherine Technical Qualifications: Technical requirements include proficiency with the FDOT EFB/CEFB software, MicroStation, CAiCE/GEOPAK, word processing and spreadsheet programs. Kramer, James Supervisory Responsibilities: Directly supervise the technician and crews and responsible for the hidng of field and office personnel. Reports To: A principal of the firm who will provide quality control reviews and instructions as to general results expected. General Duties: Production of fietd and office surveying and mapping functions. Prepare surveys and dght of way maps, prepare field set-up, reduce field data. Purchase survey field equipment/supplies. Client liaison with current survey clients. Review weekly time sheets of the survey crew and survey office personnel. Assist in the development of proposals and contract negotiations. ENGiNEERINGISURVEYING TECHNICIAN $60.00 Gable, Patricia Qualifications Required: This position requires a minimum of ten years of CADD draffin(j and design experience with civil engineering land development and/or roadway plans preparation. Technical Qualifications: Technical requirements include proficiency with AutoCADD ol MicroStation. Additional experience with FDOT Bar Menus and CADD standards, CaiCE Geopak, Descartes, Autofum, Guldesign, Word and Excel is preferred. Supervisory Responsibilities: none. Reports To: The engineer or surveyor for the specific project. This position requires working well with a variety of staff members within the firm. General Duties: Assist the engineers and surveyors with the design and preparations o! plans and surveys. Prepare plans using CADD, perform minor design efforts under the direction of the project engineer or project surveyor. SENIOR FIELD REPRESENTATIVE (PROFESSIONAL) $100.00 Raysin, Harry Qualifications Required: This is professional position for a graduate engineer with a Professional Engineering license and at least 5 years of experience. Technical Qualifications: The professional engineer will independently or with minor assistance from a supervisor evaluate, select and apply standard engineering technique., and procedures, using their judgment to make adaptations and modifications. Th( )rofessional engineer must be able to devise new approaches to problems encounterec and to independently perform most assignments. Knowledge of AutoCADD o; MicroStation, Geopac, Excel, Word, and general computer skills are also required. Supervisory Responsibilities: May be assisted by other memebers of the technical an~ administrative staffs. Reports To: A senior project engineer or a principal of the finn who will review the work and provide quality control reviews and instructions as to general results expected. General Duties: Responsible for the field reviews during construction to ensure compliance with plans and specifications, coordination with clients, permit agencies, subconsultants, and contractors. Partidpation in marketing and sales presentations, assist in preparation of proposals, contracts and invoicing. NSPE/ASCE Equivalent: Engineer Level V SURVEY CREW 2 Person $85.00 3 Person $105.00 4 Person $130.00 GIS SPECIALIST GRAPHICS SPEClAMST EXHIBIT B PLEASE PROVIDE A BRIEF DESCRIPTION FOR EACH CLASSIFICATION WHERE AN HOURLY RATE IS ASSIGNED Classification Hourly Rate Employees Identified SENIOR INSPECTOR $60.00 Dussie, Dane Qualifications Required: This is a position for a graduate engineer with 3 or more years of experience who has obtained an Engineer Intern certification or who is eligible to obtain an Engineer Intern certification. Technical Qualifications: This individual will develop their knowledge and abilities in thi position by applying standard techniques, procedures and criteria exercising judgment or !details of work and in making preliminary selections of engineering techniques anc adaptations to those techniques to suit the particular assignment. This individual is expected to understand and be able to apply standard practices and techniques, adjust an¢ correlate' data and results, recognize discrepancies in results, and follow operations throughout a series of related detailed steps. Knowledge of AutoCADD or MicroStation Geopac, Excel, Word, and general computer skills are also required. Supervisory Responsibilities: The project engineer may be assisted by the administrative staff. Reports To: A professional engineer who will screen their assignments for unusual or difficult problems and select the techniques and procedures to be applied on non-routine work. General Duties: Responsible for the field reviews during construction to ensure compliance with plans and specifications, coordination with clients, permit agencies, subconsultants, and contractors. NSPE/ASCE Equivalent: Engineer Level III GPS EQUIPMENT $20.00 SENIOR ADMINISTRATIVE SUPPORT $60.00 Halliday, Susan Qualifications Required: This is a position for a college graduate with 10 or more years ol experience in the engineering consulting business. Technical Qualifications: This individual will have a good personality, work well with the public, and have good organizational and secretarial skills (telephone, typing, filing). Knowledge of Excel, Word, and general computer skills are also required. Supervisory Responsibll~es: None Reports To: A principal of the firm and any engineers or surveyors who require assistance. General Duties: Responsible for all aspects of helping the office to run smoothly. A wide vadety of duties include sorting incoming mail and handling incoming and outgoing correspondence for all personnel; monitoring and ordering supplies; assisting the bookkeeper by preparing accounts payable, preparing the checks and printing, and handling accounts receivables by typing and recording invoices, preparing and recording deposits, and assisting with collections; answering phones, filing, preparing files; assisting Personnel Director with new employee packages, insurance, monitoring vacation time; keeping office in good condition (make coffee, keep common areas neat, change light bulbs, manage janitor service, etc.), conducting and documenting the computer backups and restorations, assist with prepartion of proposals, letters of interest, and RFOs. ADMINISTRATIVE SUPPORT PARAPROFESSIONAL AERIAL PHOTOGRAMMETRY Subconsult to Bosworth Aerial Surveys EXHIBIT B PLEASE PROVIDE A BRIEF DESCRIPTION FOR EACH CLASSIFICATION WHERE AN HOURLY RATE IS ASSIGNED iClassification Hourly Rate iEmpIoyees Identified COMPUTER SYSTEM ANALYSIS $75.00 Gillette, Christopher Qualifications Required: This is a position for a college graduate with 20 or more years ol experience in the computer consulting business. Technical Qualifications: This individual will have a good understanding of processes, project management, quality control, and the engineering consulting business. Extensive knowledge of various computer languages and technicques is also required. Supervisory ResponsibilifJes: None Reports To: A principal of the firm and any engineers or surveyors who require assistance. General Duties: For software applications: conducting systems analysis interviews to define the scope and requirements, developing a plan for development, coding, testing, debugging, preparing documentation, implementing, revising. Responsible also for att aspects of the office computer system: networking, maintaining email and website accounts, troublshooting difficulties, performing backups and restores. RATE STUDY FINANCIAL SERVICES INSTRUMENTATION AND CONTROL SERVICES HUMAN RESOURCE SERVICES $100.00 Heath, I~mberty OuallflcaUons Required: This Is a position for a college graduate with 10 or more years ol experience in the engineering consulting business. Technical Qualiflc;~Jons: This individual v~ll have a good understanding of Florida employment laws, insurance requirements and practices, payroll taxes, and competaUve compensation rates for the engineering and surveying field. Knowledge of Excel, Word, and general computer skills are also required. Supervisory Responsibilities: Administrative staff Reports To: The board of directors. General Duties: Responsible for all aspects of human resources: help wanted advertisements, review of resurnes, interviews, salary negotiations, relocaUon, employee manual and policies, insurance (health, dental, life, disability), benefits plans, retirement plans, bonus plans, salary reviews, performance reviews, termination interviews, workers compensation, workplace safety, unemployment compensation, payroll taxes. DATA ACQUISITION AND CONTROL SERVICES DIRECT COSTS - MARK UP % 110% Office, Reproduction, Mailing, Etc. DIRECT COSTS - MARK UP % 110% Subconsultants I)EC-O~-~00~ 16: ~1 COLL ! NSbJORTH RLTER PRODUCER {305)8Z2-7800 F~ ~15 CERTIFICATE IS i_dUED AS A MA~ER OF INFOR~TION Co1~ ~ nsworth, A~ ter ~ Fow] er ~ ~wl ~ ng& French ONLY AND CONFERS NO RIGHTS UPON ~E CER~FIGATE HOLDE~ THIS CERTIFICATE ~ES NOT AMEND, E~ND OR P. O, Box 9~15 AL~R ~E COVE~GE AFFORDED BY THE POLICIES BELOW. Mta~ Lakes. FL 330~4-9315 Raque] ~1 ~ ~ a~ INSU~RS AFFORDING CO~GE NAIC ~.SUREO Crossrba~s' Engineering & Surveying, Inc. ~*: Assurance Co.any of ~r~ca 1402 Royal Palm Beach Blvd. ~a: Hartford Ins Co of the SE Building 500 i~u~c: ~o Casualty ~nsurance ~any Royal Palm Beach, FL 33411 a~eaao: Lloyds of Lo~n INSb~R ~ GOVERAGES THE POLICIES ~ IN~U~CE LISTED BELOW ~ BEEN 18SUED TO THE INSURED ~M~ ABO~ F~R'~E ~L~Y P~IOD INDICA~D. NO~T~T~DIN ANY REQUIREMENT, ~ OR CON.ION OF A~ CO~ OR OT~R ~G~EHT ~ ~SPECT TO WHICH ~IS C~T~TE ~Y BE ~UED OR MAY PERT~N, THE INSU~CE ~FOR~D BY ~ P~Ci~ ~CRI~D H~EIN !~ 8~JE~ TO ALL THE ~RM~, EX~US~NS ~D C~DI~O~ OF SUCH POLICIES. AGGRE~TE LIMITS SHOWN MAY ~ BEEN REDUCED BY PAID C~S- G~LLIAeI~ ~536742279 08/ZZ~3 08/Z[/2~4 ~u~ ~LEU~L~ ZIUE~9606 02/09/2003 0Z/09/2004 ~s~ ~ o~ A~OS ~lLY I~Y ~HEDUL~ A~ ~ ~) B X H~ED AUTO~ BOD[Y ~ ~ ~N~WNED A~OS [~entl ~GE ~BIU~ ~ ONLY * ~ ~~UA~UW ...... BXO(04)53116885 08/~9/Z~3 08/21/2~ ~a~ s .. 3.0~.O~ I X P2goO3 O7/2~/2003 OT/Z~0~ $~,~,~ ~neral Aggeegate ~ss~ Dna1 L~ab~l D :lab.-Made Fo~ $[~O~0 Ea~ ~etro: 7-21-95 S25,000 Oeductlble ts provide by ~SO ~000~ under the definition '~ho is an i~ueed," CERTIFIC~E HO~&R GANCEL~ON Boynton Beach. C~t~ of ~0 Ut11 t ti es Oepart~nt a~ F~URE ~ ~L ~U~ ~E ~L I~ NO OWGA~O~ OR -~ynt~ Beach. FL 33435 A~~EmA~ Meade Col 1 DEC-05-2~0~ 16:21 COLLINSWORTH ALTER P.03 IMPORTANT If the certificate holder Is an ADDITIONAL INSURED, lhe policy(les) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on thb certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on l~e reverse side of this form does not constitute · contract between the issuing insurer(s), authorized r~presentative or produoer, and the certificate holder, nor does it affirmalJvely or negatively emend, extend or alter the coverage afforded by the policies listed thereon. ~CORD 25 (2001108) TOTAL P.05 12/85/2883 ..... 14:23 15613582112 EXCEL NR~_ PAGE CERTIFICATE OF LIABILITY INSURANCE I 0,,'r.~,.M,.,,~ 'RODUC£R (407)788-3000 FAX (40~7~-7933 ~IS CERTIFICATE IS ISSUED AS A MA~ER OF INFORMATION ONLY AND CONFERS NO Insurance O~cc of Amcri~, Inc. RIGHTS UPON THE CERTIFICATE HOLDER. THfS CERTIFICATE DOES NOT AMMENO, EXTEND 150 N, Wes~on{~ DF~c oR ALTER THE COVERAGE AFFORDED BY THE POLIC~S BELOW. P.O. Box 162207 Almmontc Sprin~, FL 32716-~07 INSURERS AFFORDING COVERAGE = ........ I I II I INSURED EXCEL Adminis~ative Solutions, lac ~SURER ~ Ev~e~ flail ~u~m ~. 2120 N. Dixie H~. INSURER S: Boca Ralon, FL 33431 ~SURER C: ~SUR~ D: ~SURER E: COVE~GES THE POLICIES OF INSURANCE LISTED BELOW HAVE BE~ ~SUED TO T~ ~SURED ~MED ABOVE FOR ~E POLICY PERIOD INDICA~D. NOT~STANDING A~ REQUIREME~, TERM OR CONDI~ON OF ~ ~T OR O~ER DOCUME~ ~ RESPECT TO ~ICH THIS CERTIFICATE MAY BE ISSUED OR ~Y ~RTAIN, THE INSU~NCE AFFORDED BY ~ ~LlClES DESCRIBED ~REIN IS SUBJECT TO ALL ~E TERMS, ~CLUSIONS AND CONDI~ONS OF SUCH P~IES. AGGREGATE LIM~S ~O~ ~Y ~ BEEN REDUCED ~Y PA~ I I POLLY EFFEC~ I POLLY ~PIRAT~N ~SR ~E OF INSU~CE POLLY NUMBER L~ ~ ....... I OA~(M~D~ I DATE[M~ ~ pERS~AL & ~V IN~RY GENE~L AGGRE~TE ~ AGG L~IT ~LIE& P~: PRODUCTS-CO~P A~ ~ A~ AUTO kLL O~ED AUTOS ~ SCHEDULED AUTOS ~DILY I~URY (Pet HtR~ AUTOS ~ ~OOILY INJURY (P~ A~ AUTO OTH~ T~N EA ACC -- A~O ONLY: AGG DEDUCTIBLE .. R~N~N ~ .... ~PLOYERs'~R~8 ~EN~T~N A.O~BiLI~ 27~9882-03 J [ ~1~003 [ ~l~0~ ~,~t~ OT,- ~ E.L D~SE~ EMPLOY~ ~ ] DESCRIPT~ OF OPE~T~N~O~T~N~EHICLE~NS A~ED BY EN~RSEM~C~ ~OV~IONS COVmS~ b pm~d~ for onl~ ~ose emp~7~ I~ to ~at not su~n~ct~ Cm~roa~ Engin~fing & Su~eying 1402 Royal Palm B~ Bird, Bldg 500 Royal Palm B~ FI 3341 I Fax: 561-753-9724 CERTIFICATE HOLDER , ~ }~e~0~t s SURE L~L',~R HC ~ULD A~ oF ~E ~O~ DESCRIBED ~klCl~ BE CANCELLE~ DEFOE ~ EXPIRATI~ The Ci~ of Boynton B~h DATE ~EOF, THE IS~ ~SUR~ ~L ~VOR TO ~IL ~DA~ ~ NOTre TO ~E CERTIRCA~ ~ ~EO TO T~ L~, B~ FAiL~E TO MA~ S~H NOTICE ~[ IMP~E ~ OBU~ ~ LIA~L)~ OF ~Y K~ UP~ ~E C~P~Y, ~ AOENTS ~ RE~E~NTAT~ES. Utilities ~pt ~ed Rep~a~ve Boynmn Beach, FL 33435 Glen ~bjom 12/85/2883 14:23 15613682112 EXCEL HR PAGE 82 IMPORTANT the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed, A statement on this certificate does not confer ~ghts to the certifcate holder in lieu of uch endorsement(s). SUBROGATION IS WAIVED. subject to Ihe terms and conditions of the poticy, certain policies may require an endorsement. A statement on this certiliate does not confer ghts to the certificate holder in lieu of such endorsements(s). DISCLAIMER the Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized rel~esentat/ve or producer, and the :ertificate holder, nor does it alTm~tatively or negatively amend, extend or alter ~e coverage afforded by the policies listed thereon. The Ci o Bo nton Beach UTILITIES DEPARTMENT 124 E. Woolbright Road Boynton Beach, Florida 33435 Of Sce: (561) 742-6451 FAX: (561) 742-6298 Websi,e.'www. ci. bo,,,o -beach. .us 'ii ; .... : .... i : ' Certified Letter # 7000 1670 0004 1982 0786 December 1, 2003 Crossroads Engineering, Inc. 1402 Royal Palm Beach Blvd., Bldg. 500 Royal Palm Beach, FL 33411 Attn: Dana Gillette Dear Mr. Gillette: At the City Commission meeting of November 18, 2003, the terms, conditions, and rates of compensation for services were approved for your firm detailed in the enclosed original Consultant Agreement for a Two-Year General Consulting and Engineering Contract. The Consultant Agreement has been partially executed by the City of Boynton Beach with the signatures of the City Manager and City Attomey. In order to complete the execution, please sign where indicated and remm the original Consultant Agreement to the Utilities Department. Insurance certificates are also required at this time. Along with the Consultant Agreement, please submit your Certificate of Professional Liability Insurance that indemnifies your firm against damages caused by errors and/or omissions (see enclosed City Administrative Policy); and, a Certificate of Insurance, naming the City of Boynton Beach as additional insured for appropriate coverages according to Attachment 'A'. The original documents must be returned by December 12, 2003, to Barbara Conboy, Utilities Department, 124 E. Woolbright Road, Boynton Beach, FL 33435. America's Gateway to the Gulfstream If a certified copy of the fully executed Consultant Agreement is required for your records, we will provide one upon receipt of the documents and your written request. Thank you for your cooperation and we look forward to working with you and your firm. Sincerely, CITY OF BOYNTON BEACH Barbara Conboy ~ Manager, Utilities Administration Attachments (3) cc: Procurement Services City Clerk WRLT OYNTON BEACH UTILITIE,c CITY OF' BOYN~ON BEACH Ci~, Attorney's Office Memorandum TO: Barb Conboy, Utilites Manager CC: Peter Mazella, Utilites Director Rosemarie Lamanna, Paralegal FROM: Michael J. Pawelczyk, Assistant City Attornef~f DATE: May 4, 2004 RE: Boynton Beach, City of ("City")/ Consultant Agreement with Crossroads Engineering and Surveying, dated November 18, 2003 ("Agreement") This is in response to your request for review of the attached correspondence and documents in connection with the requested assignment of the above Agreement to Erdman Anthony of Florida, Inc. Pursuant to the Consulting Agreement between the City and Crossroads Engineering & Surveying, the Consultant may not assign any of the services covered by this Agreement without the express written consent of the City. Accordingly, this Assignment and Assumption Agreement would require the approval of the City Commission. I have reviewed the Proposed Assignment and Assumption Agreement and find the same acceptable as to legal form and sufficiency. Accordingly, we have no legal objection to this item being placed before the City Commission for consideration. Should you require any assistance or wish to discuss this matter further, please do not hesitate to contact our office. MJP:cle H:\1990\900182.BB\MEMO 2004\Conboy, Barb Memo (Consultant Agreements).doc 05/03/2004 MON 08:25 FAX ~001/001 CnossnoA ~N~IN~I:RINC & ~I, IRV~YIN~. INC. April 28, 2004 Barbara Conboy City of Boynton Beach 100 East Boynton Beach Blvd. Boynton Beach, FL 33425 Via: Fax 561-742-6298 Re: Ownership Transition and Contract Assignment Scope C, Infrastructure lmprove~aents Contract Boynton Beach Contract No. R03-182 Crossroads Engineering Project No. 03137.00 Dear Ms. Conboy: It was a pleasure talking m you again today. As we discussed we are please~ to announee that Erdman Anthony of Florida, lac. is acquiring Crossroads Engineering & Surveying, Inc. with a projected closing date of April 30, 2004. The thr~e Principals and the staff will all I~ staying with tho company; thus we anticipate no changes in the staffing with regard to tho infrastructure improvements contract we have with the City. We will continue to do business in Florida under the name of Crossroads Engineering & Surveying. We anticipate that by joining with Erdman Anthony we will be able to offer our clients additional services attd that'we will have the depth and stability to undertake larger and more complex projects. We're excited about the possibilities for our continued growth in South Florida and look forward to working with the City of Boynton Beach in the near futu~. I would like to m~t with Paul Flemming in the coming weeks to bott~r presort our new capabilities and how the City can utilize them. Erdman Anthony will b~ sending you und~ separate cover a form requesting your consent to the assignment of the contract. Please feel free to eomaet me with any questions or eonoe~ns that you ': may have.and thank you for your time and assistanee in this matter. Sine.ely, Principal ce: Paul Flemming Chuck Roberts E:~PROJECTS~03137_l~yn~m ~=~eagh\C, ou~la~nboy 042804.do¢ 1402 Royal Palm Beach Boulevard, Bldg. 500 Royal Palm Beach. Florida 33411 Phone: 561-753-9723 Fax: 561-753-9724 www. crossroads-eng.com ERDMAN ANTHONY April 27, 2004 Via U.S. Priority Mail Ms. Barbara Conboy Manager~ Utilities Administration City of Boynton Beach - Utilities Department 124 E. Woolbright Road Boynton Beach, FL 33435 SUBJECT: Contract Assignment Contract No. R03-182 Erdman Anthony's Acquisition of Crossroads Engineering & Surveying Dear Ms. Conboy: Crossroads Engineering & Surveying, Inc. is pleased to announce that it is being acquired by Erdman Anthony of Florida, Inc., with a projected closing date of April 30, 2004. The three Principals and the staff will all be staying with the company, with Jim Noth, P.E. assuming leadership for the office as Branch Manager. Thus, we anticipate no changes in the staffing with regard to the above referenced contract that Crossroads has been performing for you. Additionally, we will continue to do business in Florida under the name Crossroads Engineering & Surveying. Assignment forms are enclosed for the subject contract between The City of Boynton Beach and Crossroads Engineering & Surveying, Inc. The forms have already been signed by both Crossroads and Erdman Anthony and need only to be signed by an authorized representative of the City. Once signed by the City, please retain one copy with original signatures for your records and forward a fully executed copy with original signatures to me at the letterhead address. We appreciate your assistance in obtaining the necessary signatures and look forward to strengthening Crossroads' existing relationship with the City. If you have any questions, please do not hesitate to call. You can reach Jim Noth at (561) 753-9743 or me at (585) 734-0762. Thank you. Employee Owned- Quality Driven 2165 Brighton Henrietta Town Line Road, Rochester, NY 14623-2755 Telephone 585 427 8888 · Facsimile 585 427 8914 www. erdmananthon): corn Ms. Barbara Conboy Comract Assignment April 27, 2004 Page 2 of 2 Sincerely, ERDMAN ANTHONY OF FLORIDA, INC. Charles G. Roberts Vice President CGR/me Enclosures cc: Jim Noth, P.E. w/o enclosures. ERDMAN ANTHONY Vt.'CONSENT AGENDA CITY OF BOYNTON ITEM C. 3. AGENDA ITEM REQUES I 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 [] April 6, 2004 March 15, 2004 (Noon.) [] June 1, 2004 May 17, 2004 (Noon) [] April 20, 2004 April 5, 2004 (Noon) [] June 15, 2004 May 31, 2004 (Noon) [] May 4, 2004 April 19, 2004 (Noon) [] July 6, 2004 June 14, 2004 (Noon) [] May 18, 2004 May 3, 2004 (Noon) [] July 20, 2004 July 5, 2004 (Noon) [] Administrative [] Legal NATURE OF [] Announcement [] New Business co 70--< AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing -~- [] Code compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Motion to approve the Master License Agreement and the Amendment to the License Agreement with Exact Software North America, Inc. EXPLANATION: The city's pension software application and database are currently on a Novel Netware operating system server. The application and database is no longer vendor supported. The city has also discontinued Novel Netware licensing. An application upgrade and migration to Windows 2000 is available from Exact Software, the current vendor for our pension software. The vendor requires a signed license agreement for use of the software.. The agreement has been reviewed and updated by the city's legal department. The addendum to the agreement is signed by the vendor. PROGRAM IMPACT: The city selected to migrate all Novel systems to Microsoft in order to eliminate licensing cost of Novel systems. The present pension software application is the last application at the city requiring a Novel system. An upgrade and migration is available once the software licensing agreement is in place. FISCAL IMPACT: Funds are available in I.T.S. Computer Software account (001-1510-513-51-25) in the amount of $1350. Purchase Order #040770 has been issued to the vendor and the vendor is waiting for the signed agreement to fulfill the purchase order. ALTERNATIVES: The city can continue to utilize the present pension software. It will require re-purchase of Novel Netware licensing at $3000 annually plus contract support services at $150/hour when required for maintenance of the Netware application and Betrieve database. I.T.S. I ' ' City Attor~e~y / Finance / Human Resources S:~BULLETIN~FORMS~AGENDA ITEM REQUEST FORM.DOC 1 RESOLUTION NO. 04- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, AUTHORIZING AND APPROVING A MASTER 5 LICENSE AGREEMENT BETWEEN THE CITY OF 6 BOYNTON BEACH AND EXACT SOFTWARE NORTH 7 AMERICA, INC. AND AUTHORZING THE CITY 8 MANAGER AND CITY CLERK TO EXECUTE THE 9 AGREEMENT; AND PROVIDING AN EFFECTIVE DATE. 10 11 WHEREAS, Exact Software North America, Inc. will provide an application upgrade 12 md migration to Windows 2000 in order to update the City's pension software and database; 13 md 14 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 15 FHE CITY OF BOYNTON BEACH, FLORIDA, THAT: 16 Section 1. The foregoing "Whereas" clauses are hereby ratified and confnmed as 17 icing tree and correct and are hereby made a specific part of this Resolution upon adoption t 8 tereof. 19 Section 2. The City Commission of the City of Boynton Beach, Florida does 20 :ereby authorize and approve the Agreement between the City of Boynton Beach and Exact 21 ~,oftware North America, Inc., said Agreement is attached hereto as Exhibit "A". 22 Section 3. The City Manager and City Clerk are authorized and directed to 23 xecute said Agreement. 24 Section 4. This Resolution shall become effective immediately upon passage. 25 PASSED AND ADOPTED this ~ day of June, 2004. 26 27 CITY OF BOYNTON BEACH, FLORIDA 28 29 30 Mayor 31 32 1 Vice Mayor 2 3 4 Commissioner 5 6 7 Commissioner 8 9 10 Commissioner 11 12 13 2ity Clerk 14 15 iCorporate Seal) 16 17 18 Exact Software North America, Inc. Master License Agreement License No. Proposal No. Legal Name: Business Name: (if different) Address: Telephone: FAX No. Check one: Corporation/__ Partnership/_ Proprietorship/_ Other/ State of Incorporation/Organization: Email Address: This Agreement is entered into by and between Exact Software North America, Inc., an Ohio corporation, of 333 E. Center St., Madon, Ohio 43302, fax: 614-387-2983, email: ("Exact"), and the Customer identified above ("Customer"). It sets forth the terms and conditions under which Customer will license and pumhase from Exact selected goods and services. When incorporated into this Agreement as provided herein, Order Documents shall evidence the Product licenses granted. This Agreement is effective when executed by both parties (the "Effective Date") and continues until terminated as hereinafter provided. 1. DEFINITIONS determined by Exact) in a Program. An Update is the 1.1 An Order Document means the Exact machine readable object code form of a Correction or a proposal ("Proposal") or other Exact-authored subsequent release of a Program which incorporates document attached hereto as Schedule I (or to which Exact-initiated improvements or enhancements in the this Agreement is attached as Attachment B) and performance characteristics of the Program, designated incorporated herein at signing and any Proposals by a change in release numbering solely to the right of prepared by Exact and accepted by Customer in the first decimal point (e.g., X.2, X.3, etc.) or by a wdting or Invoices issued by Exact to Customer which change in batch number, which Exact determines at its become part of this Agreement as provided in Section sole discretion (regarding the content and timing of 2.1. Schedule 1 (or the Proposal to which this release) to make available without additional charge to its customers purchasing Maintenance. An Upgrade is Agreement is attached as Attachment B, if no Schedule I exists) lists the Products and Services an Update, designated by a change in the release agreed to by the parties as of the Effective Date. number to the left of the first decimal point (e.g., 7~(, 8.X, etc.), or by a change in product name which Exact 1.2 Program means each computer software determines at its sole discretion (regarding the content product in object code form proprietary to Exact for and timing of release) to make available without · which Customer is granted a license pursuant to this additional charge to its customers purchasing Agreement or which is otherwiSe identified as a Maintenance. Updates and Upgrades do not include Program in any Order Document, all user new versions or releases of a Program which Exact documentation (and applicable Modification determines at its sole discretion not to make available specifications), pdnted materials and registration files without additional charge to its customers pumhasing for such module ("Documentation"), all Updates and Maintenance. Upgrades provided to Customer or new releases purchased by Customer, and all related materials 1.4 A Modification is the object code form of a including Modifications (but excluding modifications custom modification (as specified in a Proposal or other from the standard release of the Program effected by Order Document hereunder) to Standard Release anyone other than Exact), which are furnished to Programs made by Exact specifically for Customer. Customer by Exact under this Agreement. Standard Each set of changes reflected in a separately pdced Release Programs are Programs excluding Order Document is a separate Modification. If Modifications. Customer's license (as specified in the Order Document) to use a Modification includes the source 1.3 A Correction is a patch or other remedial code thereof, the term "Modification" includes both the measure in machine readable object code form object and source code forms for that module. prepared by Exact to bypass or remedy an error (as MLA v 04/02 "Modification Services" are services provided by The Named User Limit is the maximum number of Exact todevelop Modifications f or Customer. specific employees or contractors which may be 1.5 Third Party Software means computer designated by Customer to use the Products on an software proprietary to third parties more particularly Eligible Computer System, as established in a identified in an Order Document or embedded in a registration file provided to Customer by Exact which Program. has been copied onto that Eligible Computer System, regardless of whether such individual may be actively 1.6 Products means Third Party Software and using the Products at any given time. Programs. 2. ORDERS 1.7 Services means all forms of consulting, project management, installation, implementation, 2.1 Exact will furnish to Customer and Customer configuration, Modification Services, Maintenance, will accept and pay for Products and Services set forth Support and other services provided by Exact to in Order Documents. Following the Effective Date, Customer may place orders for Products and requests Customer for or in connection with Products or otherwise, for Services with Exact. Exact's method of acceptance of Customer orders for Products will be the issuance of 1.8 Maintenance means the provision of Updates, Order Documents to Customer listing those Services, Upgrades and Corrections for Standard Release Products and licenses for Products Exact proposes to Programs provided by Exact under the terms of offer to Customer. Exact's policies and charges in Section 8.1 hereof, effect on the date of the issuance of an Order 1.9 Support means the provision by Exact of "help Document will apply. Invoices will be deemed accepted desk" support services for Programs provided by Exact by Customer and will become part of this Agreement as under the terms of Section 8.2 hereof. Order Documents upon the first to occur of (i) payment 1.10Modification Maintenance means the by Customer of the license or other fees reflected provision of services by Exact to reapply a Modification therein or (ii) Registration of the Products referenced to Updates and to provide Corrections with respect to therein or Exact's performance of Services described modified Programs associated with such Modification, therein. Proposals will be deemed accepted by under the terms of Section 8.6 hereof. Customer and will become part of this Agreement as Order Documents when accepted by Customer in 1.11 The Modification Maintenance Period is a writing. pedod ending on the first to occur of (i) the expiration of one year following commencement of the period or (ii) 2.2 Except as expressly agreed in wdting by both Exact's reapplication, at Customer's request, of a parties, no purchase order or other document submitted Modification to two Updates (within the same Upgrade by Customer, whether in connection with an order, level) and delivery of the reapplied Modification to Order Document, a request for Services or otherwise, Customer. shall be effective to vary the terms of this Agreement. 1.12 Proprietary Information means the Products 3. LICENSE and all other information or programs marked as 3.1 Subject to the terms of this Agreement, Exact confidential to Exact or suppliers to Exact. grants to Customer a non-exclusive, non-transferable 1.13 Registration means copying an Exact- license to use the Products listed as being licensed in supplied registration file (containing encrypted Order Documents after they have been Registered, as information identifying Customer, the Product(s) and follows: the applicable Concurrent User Limit, Named User (a) To use the Products solely for Customer's Limit or other license limit) onto a single Eligible internal information management and intemal data Computer System on which the Products have been processing purposes and solely on a single Eligible installed. Completing the registration process causes Computer System owned or controlled by Customer, the Products on that Eligible Computer System to subject to any license limitation specified in an Order become "Registered," or causes a change in the Document and/or any Concurrent User Limit or Named applicable license limit to become "Registered" in User Limit. Customer may not install the Products on connection with the Products. more than one server if the Eligible Computer System is a multi-user computer system or network. Customer 1.14An Eligible Computer System means any single-user computer system or single multi-user may not relicense the Products or use the Products for computer system or network supported by Exact. third-party training, commercial time-sharing, rental or service bureau use; 1.15The Concurrent User Limit is the maximum number of concurrent Iogins to the Products on an (b) To use the Documentation provided with the Products in support of Customer's authorized use of the Eligible Computer System as established in a registration file provided to Customer by Exact which Products; and has been copied onto that Eligible Computer System. 2 (c) To make up to three copies of the Products Order Document and (d) if no terms are provided in an for archival or backup purposes, provided Customer Order Document, then the amounts due thereunder will keeps the copies in its possession. Each copy made as be payable upon receipt of invoice issued in connection provided in this Section 3.1 shall contain the same therewith. copyright and/or proprietary dghts notices which appear 4.2 Exact may impose, and if imposed Customer on or in the Product being copied, shall pay, a late payment charge on the unpaid balance 3.2 Customer acknowledges that Exact may of overdue invoices equal to the lesser of (a) one and include within the Products logic or computer code one-half percent (1.5%) per month (eighteen percent designed to restrict usage of the Products to that (18%) per annum) or (b) the maximum rate allowed by permitted under this Agreement ("Security Code"). law. Customer shall not take any action designed to 4.3 In addition to the charges due under this circumvent a reproduction or use restriction or other Agreement, Customer agrees to pay amounts equal to software protection scheme implemented by Exact, any taxes or fees resulting from this Agreement, or any and will permit Exact to make reasonable inquiries and activities hereunder, exclusive of taxes based upon to audit Customer concerning Customer's compliance Exact's net income. For any on-site Services requested with this Section and Sections 3.1 and 3.3. In the by Customer and agreed to by Exact, Customer shall event of any malfunction of the Secudty Code, Exact reimburse Exact for actual, reasonable travel and out- will, as its sole liability and Customer's sole remedy for of-pocket expenses incurred. any such malfunction, provide a new registration file or services to correct such code so that Customer may 4.4 Reinstatement of lapsed Maintenance, Support use the Product as licensed hereunder, or Modification Maintenance is subject to Exact's reinstatement foes in effect on the date of 3.3 Customer shall not translate, adapt, modify, reinstatement. decompile or reverse assemble Products (including specifically any Security Code), nor shall Customer 5. CONFIDENTIAL INFORMATION analyze or otherwise examine any such software for 5.1 Exact represents that the Proprietary reverse engineering purposes. Information contains confidential information and trade 3.4 Other Exact products may be delivered with the secrets of Exact or its suppliers. Customer shall hold all Products licensed under this Agreement. Customer portions of the Proprietary Information in confidence for may use such products, in a non-production EXact and shall not use such Proprietary Information demonstration environment only, solely for the purposes except as provided in this Agreement. Customer of determining the suitability of such products for further agroes that it shall not make any disclosure of Customer's use. Otherwise, Customer shall have no any or all Proprietary Information to anyone, except to dght to use, copy, disclose, sell, license or otherwise employees and contractors of Customer to whom such transfer any such products, disclosure is necessary to the use for which rights are granted hereunder, provided that any such consultants 3.5 Exact or its suppliers shall retain all title, first agree in writing to be bound by the provisions of copyright and other proprietary rights in or related to Sections 3, 5 and 11.5 of this Agreement. the Products and in all copies of all or any portion thereof. Customer does not acquire any rights, 5.2 Since unauthorized disclosure, use or transfer express or implied, in the Products other than those of the Prepdetary Information or Products may specified in this Agreement. diminish substantially the value to Exact of the copyright, proprietary dghts and/or trade secrets 4. PAYMENT PROVISIONS interests that are subject of this Agreement, if 4.1 Customer agroes to pay Exact for Product Customer breaches or threatens to breach any of its licenses, Services and other items as follows: obligations with respect to limited use (or, where (a) charges for Services and license fees for Products applicable, confidentiality) of the Proprietary listed on Schedule 1 and all other amounts payable Information or Products, Exact shall be entiUed to under this Agreement (including Invoices for additional equitable relief to protect its interest therein, including, Services or Products) shall be payable as set forth in but not limited to injunctive relief as well as money Schedule I or the applicable Order Document; damages. (b)charges for Support and Maintenance will be 6. LIMITED WARRANTIESAND DISCLAIMERS payable annually in advance, net thirty (30) days from the start or renewal date; such fees shall be those in 6.1 Exact warrants that, at the time of delivery and effect at the beginning of the period for which the fees for a period of ninety (90) days thereafter (the "Program are paid; (c) unless the applicable Order Document Warranty Period"), each unmodified Program will provides otherwise, charges for Modification operate in substantial conformity with applicable Maintenance will be payable in advance of the Documentation when operated in a Exact-approved applicable Modification Maintenance Period and such environment as specified in such Documentation. charges will be those stated by Exact in the applicable 6.2 Exact warrants that its Services will be PURPOSE, PARTICULAR, SPECIFIC OR performed consistent with generally accepted industry OTHERWISE. EXACT DOES NOT WARRANT THAT standards. This warranty shall be valid for ninety (90) THE FUNCTIONS CONTAINED IN THE PRODUCTS days after the performance of such Services. WILL MEET CUSTOMER'S REQUIREMENTS OR 6.3 Exact warrants that, at the time of initial delivery THAT THE OPERATION OF THE PRODUCTS WILL and for a pedod of ninety (90) days thereafter (the BE UNINTERRUPTED OR ERROR-FREE. Further, ~Modification Warranty Period"), Modifications Exact does not warrant that the Programs will appear prepared by Exact under this Agreement will operate precisely as described in the Documentation or that all substantially as described in the applicable Order errors will be corrected. The delivery of an Update Document and that the unmodified Programs into which (with or without reapplied Modifications), Upgrade or such Modifications are incorporated will substantially Correction does not extend any warranty for a perform the functions or generally conform to applicable Program or a Modification. Exact is not responsible for Documentation except as superseded by the Order problems caused by changes in the operating Document, when both are operated in a Exact- characteristics of computer hardware or computer approved environment, operating systems which are made after the release of the Products nor for problems in the interaction of the 6.4 For any breach of the warranties set forth in Products with non-Exact-provided software. In the Sections 6.1, 6.2 or 6.3, Customer's sole and exclusive event Programs, Corrections, Updates, Upgrades or remedy and Exact's sole and exclusive liability, shall be: Modifications are delivered to Customer via the a. For Programs or Modifications: So long as Intemet, Exact shall not be responsible for any Customer has provided wdtten notice of breach of interception or interruption of any communications warranty to Exact no later than ten (10) days after the through the Internet, or for changes to or losses of end of the Program Warranty Pedod or Modification data through the Intemet unless such interception or Warranty Period, as applicable, for breaches of the interruption results from Exact's negligence or willful warranties set forth in Sections 6.1 or 6.3, to provide a misconduct. Exact shall in no event be responsible for Correction for errors in such software which Exact can the consequences of changes or modifications to the reproduce that cause breach of the warranty, or if Exact Programs or Modifications made by anyone other than is unable to make Modifications or Programs operate as Exact. warranted, Customer shall be entitled to recover the 6.6 Warranties made by the publisher of Third fees paid to Exact for the non-conforming Modifications Party Software are solely those of the publisher. Exact or Program(s), less depreciation based on a 5-year agrees that it will assign to Customer any and all straight-line depredation schedule which depredation warranties made by the publisher in respect of Third commences at the end of the applicable Warranty Party Software and which are assignable. Pedod. 7. LIMITATION OF LIABILITY b. For Services: So long as Customer has provided written notice of breach of warranty to Exact 7.1 UNLESS FURTHER LIMITED ELSEWHERE no later than ten (10) days after the end of the IN THIS AGREEMENT, EXACT'S AND ITS DIRECT applicable warranty period, the re-performance of the AND INDIRECT SUPPLIERS' AGGREGATE LIABILITY Services (including, at Exact's option, the re-delivery of FOR DAMAGES FOR ANY CAUSE RELATED TO OR Updates, Upgrades or Corrections or the re-applicatien ARISING OUT OF THIS AGREEMENT, WHETHER IN of Modifications to Updates), or if Exact is unable to CONTRACT, NEGLIGENCE OR TORT, WILL NOT perform the Services as warranted, CustOmer shall be EXCEED THE TOTAL FEES AND CHARGES PAID BY CUSTOMER TO EXACT FOR THE RELEVANT GOOD entitled to recover the fee paid to Exact for the non- conforming Services. OR SERVICE GIVING RISE TO THE LIABILITY DURING THE TWELVE (12) MONTH PERIOD 6.5 EXCEPT AS EXPRESSLY STATED IN IMMEDIATELY PRIOR TO THE DATE CUSTOMER'S SECTIONS 6.1, 6.2 AND 6.3 ABOVE, THERE ARE CAUSE OF ACTION ACCRUED. IN NO EVENT NO WARRANTIES OR CONDITIONS (EXPRESS OR SHALL EXACT OR ITS DIRECT OR INDIRECT IMPUED, ARISING BY STATUTE OR OTHERWISE IN SUPPLIERS BE LIABLE FOR (A) ANY SPECIAL, LAW OR FROM A COURSE OF DEALING OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, USAGE OF TRADE) FOR THE PROGRAMS, OTHER EVEN IF EXACT HAS BEEN ADVISED OF THE PRODUCTS, SUPPORT, MAINTENANCE, POSSIBILITY THEREOF INCLUDING BUT NOT MODIFICATION, MODIFICATION MAINTENANCE OR LIMITED TO LOSS OF DATA OR INFORMATION OF OTHER SERVICES OR GOODS FURNISHED ANY KIND, LOST PROFITS, LOST BUSINESS HEREUNDER OR IN CONNECTION HEREWn'H. REVENUE OR FAILURE TO REALIZE EXPECTED EXACT AND ITS DIRECT AND INDIRECT SAVINGS AND REGARDLESS OF WHETHER ANY SUPPEERS DISCLAIM ALL IMPLIED WARRANTIES CLAIM FOR SUCH RECOVERY IS BASED UPON OR CONDmONS OF MERCHANTABILITY, THEORIES OF CONTRACT, NEGLIGENCE OR TORT MERCHANTABLE QUALITY OR FITNESS FOR ANY (INCLUDING STRICT LIABILITY), OR (B) ANY CLAIM AGAINST CUSTOMER BY ANY OTHER PERSON 8.3 If Customer pumhases Modification Services, (EXCEPT AS PROVIDED IN SECTION 9 BELOW). Customer acknowledges and agrees as follows: CUSTOMER HEREBY WAIVES, FOR ITSELF AND a. Customer will pay the fees set forth in ITS SUCCESSORS AND ASSIGNS, ANY AND ALL applicable the Order Document; CLAIMS FOR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES. Exact's direct and b. For the pedod commencing on the date of indirect suppliers, including but not limited to the acceptance of the Modifications and ending one (1) publishers of Third Party Software, are intended year thereafter ("Initial Period"), Customer will beneficiaries of this Section. purchase from Exact Support, Modification Maintenance and Maintenance for the Program(s).for 7.2 All goods, software or services provided by which Modifications are ordered; Exact to Customer shall be provided subject to the provisions of this Section 7 unless the parties expressly c. Following the Initial Pedod (or following the agree in wdting to the contrary, referencing this Section expiration of the initial Modification Maintenance by number. Customer understands that Exact's Period), Customer acknowledges that a current distributors and resellers are independent entities and Maintenance and Modification Maintenance acknowledges that Exact is not liable for nor bound by subscription is required for Exact to reapply any acts of such distributors or resellers. Modifications to Updates to the Program(s); 8. SERVICES d. Changes in the nature or scope of Modifications from those described in the Order 8.1 Exact will provide Maintenance for Standard Document, if agreed to by Exact at its option, will be Release Programs identified in the applicable Order effected through the Change Order process described Document for the period set forth in the Order in Section 8.5 below, and unless otherwise specified will Document (or, if none is specified, then for a twelve- be billed at Exact's then-current time and materials rate. month pedod calculated from the date the Order Services to correct any errors or discrepancies in Document is effective) at the rates set forth in such Programs or Modifications first reported to Exact Order Document (or, if not set forth, at Exact's then- following the end of the applicable Warranty Pedod, if current maintenance rates). For Standard Release provided by Exact at its option, will be provided at Programs covered under Maintenance, Exact will Exact's then current time and materials rate, unless provide Customer with any Updates and Upgrades covered under Maintenance; released by Exact and, when notified of suspected errors in the Standard Release Programs, will provide e. Customer will cooperate with Exact by, among Services to diagnose such errors and to attempt to other things, making available as reasonably requested provide Corrections for such errors. Unless canceled by Exact management decisions, personnel, by either party upon thirty (30) days prior written notice, information, access to Customer systems, approvals Maintenance will .automatically renew for additional 12- and acceptances in order that the Modification Services month periods at Exact's then-current maintenance required of Exact may be accomplished. If requested rates, due annually in advance. Ail Maintenance will be by Exact, Customer will provide test data to Exact to provided, consistent with this Section 8.1, under Exact's assist Exact's intemal testing of the Modifications; then current Maintenance plan terms, f. Customer agrees to test all Modifications 8.2 If Customer orders Support, then during the period following delivery by Exact to verify their accuracy, and set forth in the Order Document (or, if none is specified, will not use the Modifications in a production then for a twelve-month period calculated from the date environment until all testing has been successfully the Order Document is effective), Exact will provide completed. Exact will notify Customer when a Customer with reasonable support conceming the use, Modification has been delivered and is ready for testing. implementation and operation of the Programs identified Customer must inform Exact within fifteen (15) days in the applicable Order Document ("Help Desk following Exact's notification if Customer believes that a Support") at the rates set forth in such Order Document Modification does not operate substantially as described (or, if not set forth, at Exact's then-current support in the applicable Order Document, together with rates). Help Desk Support will be provided remotely via reasonable detail as to the reasons for such belief. If telephone, modem, fax or other electronic Exact does not receive wdtten notice within such period, communication during Exact's normal, business hours, the Modification will be deemed accepted by Customer. Unless canceled by either party upon thirty (30) days If Customer identifies a nonconformity to the Proposal, prior written notice, Support will automatically renew for Exact will provide Services to correct the Modification to . additional 12-month periods at Exact's then-current cause it to conform to the Order Document, and will Support rates, due annually in advance. All Support will resubmit the Modification to Customer for testing under be provided, consistent with this Section 8.2, under this Section 8.3(f), except that on any retest Customer Exact's then current Support service plan terms, will have five (5) days to notify Exact of nonconformities or acceptance will be deemed to occur;, and g. Customer acknowledges that it is responsible Maintenance. Modification Maintenance for each for the content and maintenance of all data files, and Modification is priced separately, and a separate agrees to provide adequate protection from accidental Modification Maintenance Pedod will apply. loss or misuse of data and to back-up all data files and 8.7 Services other than Modification Services, programs pdor to installation of Modifications and from Maintenance, Support and Modification Maintenance time to time thereafter dudng the Modification Warranty which are provided by Exact shall be billed weekly on a Period. time and materials basis unless the parties expressly 8.4 For Modification Services purchased by agree otherwise in wdting. Customer, Exact will complete and deliver Modifications 8.8 Any ideas, concepts, know-how, data as described in the Order Document. Exact will make processing techniques, software or documentation Modifications to the current version of the Programs developed by Exact personnel (alone or jointly with only. Unless expressly stated in a Order Document, Customer) in connection with Services provided to Exact does not undertake to determine Customer's Customer will be the exclusive property of Exact. needs or to improve Customer's business operations or production environment. 9. PROPRIETARY RIGHTS INDEMNIFICATION 9.1 Exact at its own expense shall defend any 8.5 Either Exact or Customer may request a change in the nature or scope of Modifications from action brought against Customer, to the extent that it is those described in the Order Document. Any change to based on a claim that a Program used within the scope an Order Document may result in a change to the of the license granted hereunder infringes a third-party charges, schedule or other terms under this Agreement. patent valid and enforceable in the United States or a Either party, if requested by the other, will submit its valid copyright or trade secret and shall hold Customer change request in writing. All submitted change harmless from any liability for any costs and damages requests will be accepted or rejected by mutual wdtten ordered by a court as a result of such a claim or agreement of the parties within thirty (30) days of resulting from the settlement thereof, provided submission. Unless the parties agree to continue to Customer notifies Exact promptly in writing of the action address the change request at the end of the thirty (30) (and all pdor claims relating to such action) and Exact has sole control of the defense and all negotiations for days, it will be considered rejected. Exact will prepare a wdtten amendment for signature by both parties which settlement or compromise of the claim. will descdbe the requested change and set forth any 9.2 In the event that any Program module modifications to the terms of the Order Document. Any becomes, or Exact is advised by legal counsel that it is requested change in nature or scope of Modifications likely to become, the subject of an infringement claim, proposed after delivery of the Modifications for testing Exact may at its option either secure Customer's dght to will be addressed in a separate Order Document, rather continue using such program, replace or modify it to than through this change process, make it noninfdnging (in ways not materially adversely 8.6 If Customer orders Modification Maintenance, affecting the utility of the program), or if none of the then for the Modification Maintenance Pedod Exact will foregoing alternatives is reasonably available to Exact, provide the following to Customer for each Modification discontinue the program upon one month's notice and identified in the Order Document: (i) when notified of terminate Customer's license therefor. In the event of suspected errors in the modified Programs associated such discontinuation by Exact, Customer shall be entitled to a prorata refund of the license fee paid for the with the Modification, Services to diagnose such errors and to provide Corrections for such errors; and (ii) upon discontinued Program, calculated on the basis of the request of Customer, Services to reapply a straight-line depreciation over a five-year useful life. Modification to up to two Updates (within the same 9.3 Exact shall have no liability for any claim of Upgrade level). Modification Maintenance does not infringement based on (1) use of other than the current include the reapplication of a Modification to Upgrades. supported release of the Program unaltered by anyone Any such reapplication, if offered by Exact, will be except Exact, if such infringement would have been provided under the terms of a separate Order avoided by the use of such current supported unaltered Document for such Services. Unless canceled by either release and EXact has provided or offers to provide party upon thirty (30) days prior wdtten notice, such release to Customer or (2) use or combination of Modification Maintenance will automatically renew for the Program with programs or data not supplied or additional Modification Maintenance Pedods at the approved by Exact to the extent such use or Modification Maintenance rate, due in advance, set forth combination caused the infringement. The remedies in an Order Document issued to cover the additional set forth in this Section 9 constitute the sole remedies of term. All Modification Maintenance will be provided, Customer and Exact's exclusive liability with respect to consistent with this Section 8.6, under Exact's then claims for infringement of proprietary rights of third current Modification Maintenance plan terms, parties. Maintenance for the asSOCiated Standard Release Programs is a prerequisite for Modification 10. TERMINATION avoid or remove such cause and such party shall 10.1 Either party may terminate this Agreement by continue performance hereunder with the utmost wdtten notice to the other party in the event such other dispatch whenever such causes are removed. Upon party neglects or fails to perform or observe any claiming any such excuse or delay for material term or obligation and fails to remedy such non-performance, such party shall give prompt wdtten neglect or failure for a pedod of thirty (30) days after notice thereof to the other party. written notice thereof from the non-defaulting party. In 11.3 Without the prior wdtten consent of Exact, addition, Exact may terminate this Agreement Customer may not assign or transfer (by operation of immediately upon written notice to Customer in the law, in bankruptcy or otherwise) all or any part of its event Customer breaches any of the terms of Section 3 rights or obligations under this Agreement, including, hereof or in the event Customer purports to transfer or without limitation, any Program license, to any other assign this Agreement or any of its rights hereunder person, firm or entity, and any purported assignment or without Exact's prior written consent, transfer without such consent shall be null and void. 10.2 Notwithstanding anything to the contrary in this Further, any change in control of Customer, as defined in 17 CFR §230.405 (or any successor provision), shall Agreement, termination of this Agreement or any Product license, however occurring, shall neither relieve be deemed an attempt by Customer to assign or Customer of any accrued obligations to pay money to transfer this Agreement. Exact will not unreasonably Exact nor entitle Customer to any refund of fees for withhold such consent. Exact may assign this Product licenses or other amounts paid hereunder. Agreement by notice to Customer. 11.4 This Agreement may be modified only by a 10.3 The remedies set forth in this Agreement are not exclusive unless expressly so provided and, unless writing signed by a duly authorized representative of exclusive, are in addition to all other remedies available each party. under applicable law. The parties' rights and 11.5Customer agrees to comply fully with all obligations under Sections 3.3, 5, 6.5, 6.6, 7, 9, 10.2, relevant export laws and regulations of the United 10.4, 11 and 12 shall survive termination of this States ("Export Laws") to assure that neither the Agreement or termination of any Product license. Products nor any direct product thereof are (1) 10.4 Upon any termination of this Agreement or exported, directly or indirectly, in violation of the Export license rights granted hereunder as provided in this Laws; or (2) are intended to be used for any purposes Section 10, Customer shall immediately discontinue use prohibited by the Export Laws, including, without of the applicable Product(s), shall purge such limitation, nuclear, chemical or biological weapons Product(s) from its computer systems, storage media proliferation. and other files, and shall destroy or return to Exact such 11.6 If any provision of this Agreement shall be Product(s) and all copies thereof. Within ten (10) days found to be illegal or unenforceable, then, of such termination, Customer shall certi~ in writing to notwithstanding such illegality or unenforceability, this Exact that, prior to or upon termination, Customer has Agreement shall remain in full force and effect and such returned to Exact or destroyed all copies of the affected provision shall be deemed to be deleted. Product(s) in its possession or control, including any 11.7 Except as expressly provided in this parts thereof which have been modified, merged or Agreement, any failure or delay by either party in included with other software, exercising any right or remedy will not constitute a 11. MISCELLANEOUS PROVISIONS waiver. 11.1 All notices required to be given under this' 11.8This Agreement, including Exact's current Agreement shall be given in writing and shall be Maintenance, Support and Modification Maintenance deemed to have been given when (i) delivered by hand, Service plan terms, constitutes the final, complete and (ii) mailed by prepaid registered or certified mail, return exclusive statement of the Agreement between the receipt requested, (iii) sent by facsimile device, with a parties in respect of the subject matter hereof and copy sent at the same time by registered or certified supersede all pdor and contemporaneous written and mail, (iv) sent by commercial courier with written oral negotiations, understandings and agreements verification of the receipt, or (v) sent by email, with a between the parties in respect to the subject matter copy sent at the same time by registered or certified hereof, including specifically any EXact advertising or mail to each party at its addresses set forth herein or at sales materials or any Customer purchase order or such other address as either party may designate to the other ordedng document. This Agreement shall also other by notice as required hereby, supersede the terms of any shrink-wrap or break-the- 11.2 A party shall be excused for failures and delays seal license agreement included in any Program in performance of its respective obligations caused by package or "dick-to-agree" license embedded in a catastrophes or other occurrences beyond the control Program. No other writings may become a part of this and without the fault of such party. This provision shall Agreement, unless signed by duly authorized not release such party from using its best efforts to representatives of both parties. No other act, 7 document, usage or custom shall be deemed to amend 12.2 EXACT AND CUSTOMER HEREBY or modify this Agreement. CONSENT AND AGREE THAT JURISDICTION AND 12. LAW AND JURISDICTION VENUE FOR ANY CLAIM OR CAUSE OF ACTION ARISING UNDER OR RELATED TO THIS 12.1 THIS AGREEMENT SHALL BE DEEMED TO AGREEMENT SHALL BE PROPERLY AND HAVE BEEN EXECUTED AND PERFORMED IN AND EXCLUSIVELY IN THE STATE OR FEDERAL SHALL BE GOVERNED BY, CONSTRUED, COURTS LOCATED IN AND FOR MARION COUNTY, INTERPRETED, AND THE RIGHTS OF THE PARTIES OHIO, AND EXPRESSLY WAIVE ANY AND ALL DETERMINED IN ACCORDANCE WITH THE LOCAL RIGHTS WHICH THEY MAY HAVE OR WHICH MAY LAWS OF THE STATE OF OHIO. HEREAFTER ARISE TO CONTEST THE PROPRIETY OF SUCH CHOICE OF JURISDICTION AND VENUE. IN WITNESS WHEREOF, each party has caused this Agreement to be executed by its duly authorized and empowered officers or representatives to be effective on the Effective Date. EXACT SOFTWARE NORTH AMERICA, INC. CUSTOMER: By: By: (Printed Name) (Printed Name) Title: Title: Date: Date: 8 6/11/2002 - 9038983 VL-CONSENT AGENDA I'TEM 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 in Meeting Dates in to City Clerk's ~ Meeting Dates to City Clea'k, 's Offige [] April 6, 2004 March 15, 2004 (Noon.) [] June 1, 2004 /vlay 17, 2004 (Noon) [] April20,2004 ApflS, 2004(Noon) [] ~une 15,2004 May 31,2004(Noon) [] May4,2004 Ai~ill9,2004(Noon) [] July6,2004 Jnn~ln, 2004(Noon) [] May IB, 2004 May 3, 2004 (Noon) [] July20,2004 JulyS, 2004(Noon) [] Administrative [] Legal :~ -~ NATURE OF [] Announcement [] New Business -- AGENDAITEM [] City Manager's Report [] Presentation ~ ~_O~c_~ [] Consent Agenda [] Public Hearing ~'- [] Code compliance/Legal Set'tlement$ [] Unfinished Business RECOMMENDATION: Motion to approve and authorize signing of an Agreement for Water Service Outside the City Limits with Patrick Webster for the property at 1180 Ridge Road, Lantana, Florida (Lot 130 & W ½ of Lot 131, Ridge Grove). EXPLANATION: The parcel covered by this agreement includes 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 improve- ments 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. FISCAL IMPACT: None ALTERNATIVES: None. This parcel is within the Utilities service area.~ ~_~ ~ J - ~D-epartment Head~ Signature Department Name { City Attc(~h~ey / Finance / Human Resources XC: Dale Sugerman (w/copy of attachments) Peter Mazzella " Michael Rumpf, Planning & Zoning " Anthony Penn " File " S:~BULLETIN~FO~kAGENDA ITEM REQUEST FORM.DOC 1 2 RESOLUTION NO. R04- 3 4 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 5 FLORIDA, AUTHORIZING AND DIRECTING 6 EXECUTION OF AN AGREEMENT FOR WATER 7 SERVICE OUTSIDE THE CITY LIMITS AND COVENANT 8 FOR ANNEXATION BETWEEN THE CITY OF BOYNTON 9 BEACH AND PATRICK WEBSTER; AND PROVIDING AN 10 EFFECTIVE DATE. 11 12 13 WHEREAS, the subject property is located outside of the City Limits, but within our 14 ~,ater and sewer service area, for the property located at 1180 Ridge Road, Lantana, Florida 15 'Lot 130 & W V2 of Lot 131, Ridge Grove); and 16 WHEREAS, the parcel covered by this agreement contains a single-family home, and 17 re located in the San Castle/Ridge Grove project area; and 18 WHEREAS, only potable water is available for connection to the property at this 19 ime due to recent water main improvements constructed by Palm Beach County as part of a 20 ~eighborhood improvement project; 21 WHEREAS, City policy requires annexation of the property to be serviced at the 22 ~,arliest practicable time, as a condition of the granting of water services outside its 23 urisdictional limits; and 24 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 25 ?HE CITY OF BOYNTON BEACH, FLORIDA, THAT: 26 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 27 .eing true and correct and are hereby made a specific part of this Resolution upon adoption 28 ~ereof. 29 Section 2. The City Manager is hereby authorized and directed to execute a Water 30 ;ervice Agreement between the City of Boynton Beach, Florida and Patrick Webster, said :\CALRESO~Agreements\Water Service\Webster Water Service Agr.doc 1 Agreement being attached hereto as Exhibit "A". 2 Section 3. This Resolution shall become effective immediately upon passage. 3 PASSED AND ADOPTED this __ day of June, 2004. 4 5 CITY OF BOYNTON BEACH, FLORIDA 6 7 8 Mayor 9 10 11 Vice Mayor 12 13 14 Commissioner 15 16 17 Commissioner 18 19 20 Commissioner 21 22 23 24 2ity Clerk 25 26 27 28 :\CA~RESO~Agreements\Water Service\Webster Water Service Agr.doc THIS INSTRUMENT PREPARED BY: James A. Cherof, Esquire Josias & Goren, P.A. 3099 East Commercial Blvd. Suite 200 Ft. Lauderdale, FL 33308 AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXATION THIS AGREEMENT made on this __ day of ,200 , by and betweer/. '~/?-/c_~4: ~--t/~/~.~7g~4.~ 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 earliest 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 Qustomer 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 o~ OEquivalent 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 conform, ance with all codes, rules and regulations applicable to the installation and maintenance of water service lines upon the Cugtomer'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 fi.om 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 fi.om 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. Annexation is intended to be and is hereby made a covenant runhing 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, Florida, and the Customer and all subsequent transferee, grantees, heirs or assigns of Customer shall be binding on the Customer and all successors and assigns. 10. 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 including disputes for breach of warranty of title. 12. No additional agreements or representations shall be binding on any of the parties hereto unless incorporated in this Agreement. No modifications or change in this Agreement shall be valid upon the parties unless in writing executed by the parties to be bound thereby. 13. The Customer warrants to the City that Customer holds legal and beneficial title to the property which is the subject of this Agreement. IN W/ITNES8 WHEREOF,.the parties hereto have set theirhands and seals this / ~- dayof ~gn turef~ INDIVIDUAL(S) AS OWNER(S)2. az Owner Signature P'rintod Witness Name Printed Owner Name Printed Witness Name Witness Signature Owner Signature Printed Wimess Name Printed Owner Name Witness Signature Printed Witness Name FOR INDWIDUAL (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 aforosaid and/~jl ~ County, aforesaid to take acknowledgments, personally appeared ~C[{--F'l C_.~, ..~. tAJ-~--~9 .,5~&St,~- to me known to be the person(s) described in and who executed the foregoing instrument that he/she acknowledged before me that he/at~'executed the same; that the individual ,~.' -~--- l.~-~-,n~:;.: '.. ....... :. ~---- .-,r provided the followingproofofidentification: ~/.. ~>r-/--t~. ~ d'OJ~,--B~t~ ~ ~/~t WI~ESS myhand and o .ffi?ial seal in the County and Statelast aforesaid this /~ dayof fl~ ,200_,-/ (Not. Seal) ~.~ ~~, Notary Public WI CITY OF BOYNTON BEACH, FLORIDA Mayor ATTEST: City~Clerk 4 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 fi-eely and voluntarily under authority duly vested in them by said City and that the City seal affixed thereto is the tree corporate seal affixed thereto is the tree corporate seal of said City. WITNESS my hand and official seal in the County and State last aforesaid this __ day o( ., 200_. (Notary Seal) Notary Public Approved as to form: City Attomey THIS INSTRUMENT PREPARED BY: James A, Cheml', Esquim Joslas & Gecm~ P.A. 3099 East Commercial Blvd. Suite 200 Fl. Lauderdale, FL IRREVOCABLE SPECIAL POWER OF ATTORNEY (By Individuals) STATE OF FL(~RI~)A COUNTY OF !~ Y~ /~----O..4 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 The powers and authority of my attorney, THE CITY OF BOYNTON BEACH, FLORIDA, shall commence and be in full force and effect on the ~ y of , ,~/y"~/ , 20~__~ and the powers and autho_rity shall be irrevoCable by Grantee. ". IN WITNESS WHEREOF, we have hereunto set our hands and seals the day of :/~F'; / , in the year two thousand and -~-~) (x f"- Owner Signature ~Witr~ess Si-gnaturd ' Print'ed Witness Name Witness Signature Owner Signature Printed Witness Name Printed Owner Name Witness Signature Pdnted Witness Name STATE OF FLORIDA ) ) SS: COUNTY OF PALM BEACH ) NT sackn led bec re me ~s /~, da /~THE ,FOREGOING INST, RUME yYa. r~p~ ~ ~.e. r0 ; .~h' /(~ y - /. -~ ,/c:~ , ~.--'f~.-_. '~_~-_- _~,,,,'"';: -[,_- :....e- _-~ who have produced ~aX~NOT~ F~~ I ype or ~nn[ mame Cornmissi0n'.,No. My Commission Expires:. POA. IND Service Request - New Location Customers requesting water service to a location not yet serviced by the City must pay all applicable fees before service will be offered. If the new service location is within the scope of our service area but outside Boynton Beach City limits, they will be required to pay the following: CAPITAL FACILITY CHARGE - based on Size of dwelling, see Ordinance 90-35. CONNECTION FEE - based on size of the meter. · METER DEPOSIT - based on size of meter, serves as security for the charges on the water account. If the service location is within the City limits, they will be required to pay only the connection fee and meter deposit. The City's Building Department collected the capital facility fee when the building pefliiit was issued. For existing property that has been on well and/or septic, Cap fees will need to be collected. Once all fees have been paid, the customer must coordinate the installation of water service with the Utility Department's Water Distribution Division. The customer's property must meet all requirements regarding the meter box and the water and sewer service line connections from the building to the point of connection with the City. An inspection will be made by the Utility Department to determine if and when the property may receive water service. 0070 1 in. = 174.1 feet (~H¥1f~W ' ' 0080 87 86 I 0821 0810 0'/91 07~ 1 0760 76 0730 710 0~10 HII~HLAND RI~ 0120 0130 e 1360 0150 01.//0 0180 1510 t390 0140 "% ~ Location Map- Exhibit "A" ralm ~eacn Lounty r~op~rty ~pp~ms~i r~op~ty o~tt~t;n oyst~m ra~ ~ ot ~ Gary R. Nikollts, CFA Palm Beach County Property Appraiser Public Access System - Property Information Location Address: 1180 RIDGE RD I [~i~ow HIP,] Municipality: COUNTY OF PALM BEACH Parcel Control Number: 00-43-45-09-084900-1300 Subdivision: RIDGE GROVE IN Official Records Book: 15645 Page: 194 Sale Date: Jul-2003 Legal Description: RIDGE GROVE LT 130 &W 1/2 OF LT 131 Owner Information Name: RODRIGUEZ JOSE Mailing Address: 1180 RIDGE RD BOYNTON BEACH FL 33435 -2003 Certified Appraisal Improvement Value: $65;233 Number of Units: I [~LJ Land Value: $14,976 * Total Sq. Ft: 1624 Market Value: $80,209 Acres: .00 [' ' L,lnd~.~- - Use Code: 0100 Description: SINGLE FAMILY · in residential properties may indicate living area. -2003 Certified Tax Ad Valorem: $1,568.33 Non ad valorem: $192.00 Total: $1,760.33 -2003 Certified Assessed & Taxable Values Assessed Value: $80,209 Exemption amount: $0 (2003 Exemption) Taxable: $80,209 Exemption Information Unavailable. -Sales Information Sales Date Book Page Price Instrument Owner Jul-2003 15645 194 $72,000 OC RODRIGUEZ JOSE Oct-1998 10747 1599 $75,000 WI3 PRESSEY SANDRA Sep-1998 10676 1045 $100 WD Feb-1998 10'362 391 $39,500 WD HOLLOWAY GARY W Jun-1997 09966 1281 $100 WD Jun-1995 08870 1390 $15,000 WI3 Nov-1994 08520 0483 $15,000 WD Jan-1994 08078 1960 $1,000 CT Aug-1987 05404 0056 $55.000 WD Dec-1983 04106 0676 $49,500 RD http://www, co.palm-beach.fl.us/papa/mairddetail_info.asp?p_cntity--0043450908000 ] 300 5/6/2004 i · INgll iilllllllllllllllllllllll CFN 20040235200 OR BK 16870 F'G 1916 R£CORDED 04/28/20~4 12:23:56 THIS INSTRUMENT PREPARED BY AND RET[~3q TO: Palm Beach County, Florida Marni B. Belkin, Esq. AMT 96, 000. 0~ Fortune Title Services, L.L.C. Doc Stamp 672. ~0 1489 West Palmetto Park Road Dot-orby H Wilken, Clerk o~ Court_ Boca Raton, Florida 33486 Property Appraisers Parcel Identification (Folio) Numbers: 00-43-45-09-08-000-1300 Space Above This Line For Recording Data THIS WARRANTY DEED, made the 13th day of April, 2004 by Jose Rodriguez, a single man, herein called the grantor, to Patrick Webster, a single man, whose post office address is 1180 Ridge Road, Boynton Beach, Florida 33435, hereinafter called the Grantee: (Wherever used herein the terms "grantor" and "grantee" include all the parties to this instrument and the heirs, legal representatives and assigns of individuals, and the successors and assigns of corporations) W I T N E S S E T H: That the grantor, for and in consideration of the sum ofTEN AND 00/100'S ($10.00) Dollars and other valuable considerations, receipt whereof is hereby acknowledged, hereby, gran~, bargains, sells, aliens, remises, releases, conveys and confirms unto the grantee all that certain land situate in PALM BEACH County, State of Florida, viz.: LOT 130, AND THE WEST HALF OF LOT 131, OF RIDGE GROVE, ACCORDING TO TIlE PLAT TltEREOF, AS RECORDED IN PLAT BOOK 22, AT PAGE 8, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. Subject to easements, restrictions and reservations of record and to taxes for the year 2003 and thereafter. TOGETHER, with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD, the same in fee simple forever. AN~~I~r js !a~ _f-~. !]y ~..ejzcd of said land in fee simple; that the ~~, ~6~':~ieby' ~hrr~fits:the title to said land and will defend the same against the lawful claims of all persons whomsoever, and that said land is free of all encumbrances, except taxes accruing subsequent to December 31, 2002. IN WITNESS WHEREOF, the said grantor has signed and sealed these presents the day and year first above written. in of: Witness #I Printed Name .~ Witness #2 Signature ~ .~(.~/~ &N, C~ O.N[Q.~ 947 Isles Road, Boynton Beach, Florida 33435 Witness #2 Printed Name STATE OF FLORIDA' - COUNTY OE PALI~I BEACH._ The foregoing instrument was admowledged bef_?~_e me this 13th d~y of April, 2004 by Jose Rodriguez who is personally known to me or has produced I--~SEAL ~~"'""~'~ I-J~o~g~( ;~/~_~~~x,~lDce"~t' - asidentiT~e~atiorr:~ ...... ...... ~:"~::~'"'""~"'"'~'" ~',-~ted ~o~y ~me - My Commission Expires:I ~ 2.5~ VI.-CONSENT AGENDA CITY OF BOYNTON BEA, ITEM C.5. AGENDA ITEM REQUEST Requested City Commission Date Final Form Must be Turned Requ~gl City Cormn/ssion Date Final Form Must be Tm'ned in M,egting Dates in to CiW Cl~nk's Off~e Moeting Dat~ tO City Clerk' s [] April 6, 2004 lVlarch 1:5, 2004 (Noon.) [] June 1, 2004 May 17, 2004 (Noon) [] April20,2004 AprilS, 2004(Noon) [] June 15,2004 May 31, 2004 (Noon) [] Mny4,2004 April 19,2004(Noon) [] July6,2004 .lunel4,2004(Noon) [] MaylS, 2004 May 3, 2004 (Noon) [] July20,2004 JulyS, 2004(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 and authorize signing of an Agreement for Water Service Outside the City Limits with William (Wilhelm) Keller for the property at 1200 Alto Road, Lantana, Florida (Lot 30S, Ridge Grove Addition 1). EXPLANATION: The parcel covered by this agreement includes 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 improve- ments 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. FISCAL IMPACT: None .~LTERNATIVE~: No~e. This parcel is within the Utilities service area.,/] Departmen~ Hes~s Signature ' - ~ity Manager's Signature Department Name /- City Attorn~ ~ Finance / I~uman Resources XC: Dale Sugerman (w/copy of attachments) Peter Mazzella " Michael Rumpf, Planning & Zoning " Anthony Penn " File " S:~BULLETINWORMS~AGENDA ITEM REQUEST FORM.DOC 1 2 RESOLUTION NO. R04- 3 4 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 5 FLORIDA, AUTHORIZING AND DIRECTING 6 EXECUTION OF AN AGREEMENT FOR WATER 7 SERVICE OUTSIDE THE CITY LlMITS AND COVENANT 8 FOR ANNEXATION BETWEEN THE CITY OF BOYNTON 9 BEACH AND WILLIAM (WILHELM) KELLER; AND 10 PROVIDING AN EFFECTIVE DATE. 11 12 13 WHEREAS, the subject property is located outside of the City Limits, but within our 14 rater and sewer service area, for the property located at 1200 Alto Road, Lantana, Florida 15 Lot 304, Ridge Grove Additionl); and 16 WHEREAS, the parcel covered by this agreement contains a single-family home, and 17 re located in the San Castle/Ridge Grove project area; and 18 WHEREAS, only potable water is available for connection to the property at this 19 ime due to recent water main improvements constructed by Palm Beach County as part of a 20 ~eighborhood improvement project; 21 WHEREAS, City policy requires annexation of the property to be serviced at the 22 :arliest practicable time, as a condition of the granting of water services outside its 23 arisdictional limits; and 24 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 25 7ItE CITY OF BOYNTON BEACH, FLORIDA, THAT: 26 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 27 eing true and correct and are hereby made a specific part of this. Resolution upon adoption 28 ereof. 29 Section 2. The City Manager is hereby authorized and directed to execute a Water 30 ervice Agreement between the City of Boynton Beach, Florida and William (Wilhelm) \CA\RESO\Agreements\Water ServiceLKeller Water Service Agr. doc 1 Keller, said Agreement being attached hereto as Exhibit "A". 2 Section 3. This Resolution shall become effective immediately upon passage. 3 PASSED AND ADOPTED this __ day of June, 2004. 4 5 CITY OF BOYNTON BEACH, FLORIDA 6 7 8 Mayor 9 10 11 Vice Mayor 12 13 14 Commissioner 15 16 17 Commissioner 18 19 20 Commissioner 21 22 23 24 2ity Clerk 25 26 27 28 \CAXRESO~Agreements\Water Service~Keller Water Service Agr.doc THIS INSTRUMENT PREPARED BY: ' James Ab Cherof, Esquire Josias & Goren, P.A. 3099 East Commercial Blvd. Suite 200 Ft. Lauderdale, FL 33308 AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXATION t flrI~I~.,A~iREEMENT._~aadt} On this .... day of. ., 200 , by and betweer! ~).t~~ ~.,~.,~.,~'"'/'/ hereinafter called the Customer, and the crI~ ~1~ [Io'- - ' YNT~ ON Bl~A(~H,'a-m~a~'"cipal 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 earliest 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 Qustomer 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/~ {7/ 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 1 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 fi.om 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 9fthis 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. 2 9. Annexation is intended to be and is hereby made a covenant ruffning with the land described_in paragraph 1 above. This Agreement and the power ofattomeyreferenced herein is to be recorded in the Public Records of Palm Beach County, Florida, and the Customer and all subsequent transferee, grantees, heirs or assigns of Customer shall be binding on the Customer and all successors and assigns. 10. 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 including disputes for breach of warranty of title. 12. No additional agreements or representations shall be binding on any of the parties hereto unless incorporated in this Agreement. No modifications or change in this Agreement shall be valid upon the parties unless in writing executed by the parties to be bound thereby. 13. The Customer warrants to the City that Customer holds legal and beneficial title to the property which is the subject of this Agreement. IN.. '~ITNES8 WI-IEREOF.., ~he parties hereto have set their hands and seals this ~ (9 day of WITNESS: INDIVIDUAL~S~) A~4~S): ~ Owner Signature Wi'tnes~ Signature~ ' _ ' Printed IVitfiess-lqame ' ' '"' 3 Witness Signature Owner 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 a~/~i~t, and in/~he .C,6unty aforesaid to take acknowledgments, personally appeared [/./,0 rn. ~. .~ A~7~'/'- . . to me known to be the person(s) descnb&l m and who executed the foregoing instrument that he/she acknowledged before me that he/she executed the same; that the individu,al ~aq p,~_,:~o:_--_-'_~, '_~ ...... 76 .~,r..-,r provided the followingproofofidentification: ['~/.. . ~t". /.-lc. ~ qbd-.- (?onO ~wr~. ss my hand and o,fl~cial seal in the County and State last aforesaid this -.fl ~) dayof , 200_~ ~j,~t MY COMMISSION # DD 0~515 .... ., ~oo...T.'4"i~" exmEs:s..--.,~.~oos Notary Public;.r~ ¢~' S~/~ WITNESS: C1T~ ©F B©YNTON BEACH, FLOE]DA Mayor ATTEST: city, clerk 4 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 wimesses 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 Seat) Notary Public Approved as to form: City Attorney 5 TH~ INSTRUMENT PREPARED Jarne~ A. Cherof, Esquire Jo~ias & Gomn, P.A. 3099 East Commerce! Blvd. Suite 200 Ft. Lauderdale, FL ~ IRREVOCABLE SPECIAL POWER OF ATTORNEY (By Individuals) STATE OF FLORIDA I/~N,e~, ~t//}//;4 ~ /~-~b//~__/,~ , hereinafter "Grantee', hereby make, ex)nstitute, 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 fo,ows: . ~- ?/~ y'.~-.~ ~- ~ ~-- o o c~_ ~ ~ .~'--~ ' 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 ./~ ri/ ,20Z~ and the powers and authority shall be irrevocable by Grantee. ., IN WITNESS WHEREOF, we have hereunto set our hands and seals the ~ ~ dayof-~Fi] , in the year two thousand and g~z Y- Sealed and delivered in the presence of Witness ' {~ Own'e~' ~igri~tur~ v - Printed Witness Name Printed-Owner Name 'Withess/~igna(ure ./'~-' -' ' / Pdnt~ V~it~ess'Name Witness Signature Owner Signature Printed Witness Name Printed Owner Name Witness Signature Printed Witness Name STATE OF FLORIDA ) ) SS: COUNTY OF PALM BF_ACH ) /'THE FC)REGOING INSTI~,UMENT was aqknowledged.bef, o, re me this ._~3 ('~ day ~. ~. ,~ , as ident~tion and who did/did not-~ke an oath. Type or P~nt ~ame My ~mmission Expires: Service Request - New Location Customers requesting water service to a location not yet serviced by thc City must pay all applicable fees before service will be offered. If the new service location is within the scope of our service area but outside l~oynton Beach City limits, they will be required to pay the following: CAPITAL FACILITY CHARGE - based on size of dwelling, see Ordinance 90-35. CONNECTION FEE - based on size of the meter. METER DEPOSIT - based on size of meter, serves as security for the charges on the water account. If the service location is within the City limits, they will be required to pay only the connection fee and meter deposit. The City's Building Department collected the capital facility fee when the building Permit was issued. For existing property that has been on well and/or septic, Cap fees will need to be collected. Once all fees have been paid, the customer must coordinate the installation of water service with the Utility Department's Water Distribution Division. The customer's property must meet all requirements regarding the meter box and the water and sewer service line connections from the building to the point of connection with the City. An inspection will be made by the Utility Department to determine if and when the property may receive water service. ) ot4o o13o ot2o o11o OlOO 1 in. = 203.2 feet . __ 0050 10060 00T0 0080 0090 0t40 0130 0t20 0 I OlOO 0060 OOOO0070OOOO 0090; .~13~0 3130 3150 31'T0 3200 L22C 2:31 P24C 3260 0t20 2560 S ~ID~E; RO Location Map- Exhibit "A" rmm t~eacn t;ounty rroperty Appramer rroperty ~earcla System Page 1 of 2 K Gary R. Nikolits, CFA Palm Beach County Property Appraiser Public Access System - Propert-,j Infcrm, ation Horr; Location Address: 1200 ALTO RD Sero h Sea ;h Result Municipality: COUNTY OF PALM BEACH Prol erty InfoPr~J[~°ntr°l Number: 00-43-45-09-09-000-3050 Ow~ ;r Information Subdivision: RIDGE GROVE ADD 1 IN Stru :tural De~icial Records Book: 08529 Page: 1017 Sale Date: Dec-1994 Extr , ~=~nt,~r~_~ Legal Description: RIDGE GROVE ADD NO I LT 305 Land Detail Tax Detail -Owner !nfo.?n. ation Prinl~ Information Name: KELLER WILHELM pdoperty Apl:rl~i~'lg Address: 7880 LOOMIS ST '[ Home LAKE WORTH FL 33462 6120 -2003 Certified Appraisal Improvement Value: $36,746 Number of Units: I ~trueturai...~ Land Value: $11,520 * Total Sq. Ft: 1084 Market Value: $48,266 Acres: .00 Use Code: 0100 Description: SINGLE FAMILY · in residential properties may indicate living area. -2003 Certified Tax Ad Valorem: $943.75 ~ ~ax c~l~uia't0-r~ J I Non ad valorem: $192.00 Total: $1,135.75 [ i)ataiL;~' lJ -2003 Certified Assessed & Taxable Values Assessed Value: $48,266 Exemption amount: $0 (2003 Exemption) Taxable: $48,266 Exemption Information Unavailable. -Sales Information Sales Date Book Page Price Instrument Owner Dec-1994 08529 1017 $16,000 RD · Jan-1977 02712 1802 $17,000 00 http://www, co.palm-beach.fl, us/papa/main/detail_info.asp?p_entity=00434509090003050 4/30/2004 VL-CONSENT AGENDA ITEM C.6 CITY OF BOYNTON AGENDA ITEM REQUEST r ,nav Requested City Commission Date Final Form Must be Turned Requ~xl City Commission Date Final Form Must be Turned in Meeiina Dates in ~0 CiW Clerk's OffiCe Meeting Dates ~o Ci~ Clerk's Office [] April 6, 2004 March 15, 2004 (Nooo.) [] June 1, 2004 May 17, 2004 (Noon) ]-'] April 20, 2004 April Z, 2004 (Noon) [] June 1~, 2004 May 31, 20O4 (Noon) [] May4,2004 April l9, 2004 (Noon) [] July6,2004 June l4, 2004 (Noon) [] MaylS, 2004 May 3, 2004 (Noon) [] July20,2004 July 5, 2004 (Noon) ~ '-ri [] Administrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation ~ '~ [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unfinish~ Business RECOMMENDATION: Motion to approve and authorize signing of an Agreement for Water Service Outside the City Limits with Dorothy M. Wiley for the property at 1207 Peak Road, Lantana, Florida (Lots 253 & 254, Ridge Grove Add No 1). EXPLANATION: The parcel covered by this agreement includes 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 improve- ments 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. FISCAL IMPACT: None ALTERNATIVES: None. This parcel is within the Utilities service area. - Dep '"- di~ Manager's Signature Utilities ~ m'~~ t~.- . Department Name ] Ci~ Attorney I l~inance / Human Resources XC: Dale Sugerman (w/copy of attachments) Peter Mazzella Michael Rumpf, Planning & Zoning Anthony Penn File S:~BULLETIN-~ORMS~GENDA ITl~d REQUEST FORM.DOC 2 :i RESOLUTION NO. R04- 3 4 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 5 FLORIDA, AUTHORIZING AND DIRECTING 6 EXECUTION OF AN AGREEMENT FOR WATER 7 SERVICE OUTSIDE THE CITY LIMITS AND COVENANT 8 FOR ANNEXATION BETWEEN THE CITY OF BOYNTON 9 BEACH AND DOROTHY M. WILEY; AND PROVIDING 10 AN EFFECTIVE DATE. 11 12 13 WHEREAS, the subject property is located outside of the City Limits, but within our 14 and sewer service area, for the property located at 1207 Peak Road, Lantana, Florida 15 253 & 254, Ridge Grove Add No. 1); and 16 WHEREAS, the parcel covered by this agreement contains a single-family home, and 17 located in the San Castle/Ridge Grove project area; and 18 WHEREAS, only potable water is available for connection to the property at this 19 ime due to recent water main improvements constructed by Palm Beach County as part of a 20 teighborhood improvement project; 21 WHEREAS, City policy requires annexation of the property to be serviced at the 22 arliest practicable time, as a condition of the granting of water services outside its 23 limits; and 24 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 25 CITY OF BOYNTON BEACH, FLORIDA, THAT: 26 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 27 true and correct and are hereby made a specific part of this Resolution upon adoption 28 ereof. 29 Section 2. The City Manager is hereby authorized and directed to execute a Water 30 ervice Agreement between the City of Boynton Beach, Florida and Dorothy M. Wiley, said ~CA~RESOLa, greements\Water Service\Wiley Water Service Agr.doc I Agreement being attached hereto as Exhibit "A". 2 Section 3. This Resolution shall become effective immediately upon passage. 3 PASSED AND ADOPTED this __ day of June, 2004. 4 5 CITY OF BOYNTON BEACH, FLORIDA 6 7 8 Mayor 9 10 1 ! Vice Mayor 12 13 14 Commissioner 15 16 17 Commissioner 18 19 20 Commissioner 21 22 23 24 2ity Clerk 25 26 27 28 \CA~R1ESO~_greements\Water Service\Wiley Water Service Agr.doc THIS INSTRUMENT PREPARED BY: James A._Cherof, Esquire Josias & Goren, P.A. 3099 East Commercial Blvd. Suite 200 Ft. Lauderdale, FL 33308 AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXATION THIS AGREEMENT made on this day of ,200 , by and between ~ Or-0--~ t.,3 ]07. LtS/i~ [-o_~_C~ -- hereinafter called the "Customer", and CITY OF BOYNTON BEACH, a nhrfnicipal 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 earliest practicable time. NOW THEREFORE, for and in consideration of the privilege of receiving water service f~om 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 hs follows and which Customer represents is owned by Customer: (Exhibit A) 2. The Customer and the city hereby agree that there are/, c/ Equivalent Residential Connections which City shall service. 3. The CUStomer agrees to. pay all costs and fees of enQneering, 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 conforrr~ance with all codes, rules and regulations 1 applicable to the installation and maintenance of water service lines upon the Cu§tomer'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 onlyby 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. Cklst. omer 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 CMstomefs failure to provide such notice shall not constitute a defense or bar to the City's righ~ as set forth herein. The Customer acknowledges that the consideration ofinifially connecting to the. City's water supply is sutticient 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. Annexation is intended to be and is hereby made a covenant mnhing with the land described '_tn paragraph 1 above. This Agreement and the power of attorney referenced herein is to be recorded in the Public Records of Palm Beach County, Florida, and the Customer and all subsequent transferee, grantees, heirs or assigns of Customer shall be binding on the Customer and all successors and assigns. 10. 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) fi.om 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 including disputes for breach of warranty of rifle. 12. No additional agreements or representations shall be binding on any of the parties hereto unless incorporated in this Agreement. No modifications or change in this Agreement shall be valid upon the parties unless in writing executed by the parties to be bound thereby. 13. The Customer warrants to the City that Customer holds legal and beneficial rifle to the property which is the subject of this Agreement. . IN WITNESS WHEREOF, .the parties hereto have set their hands and seals this / J dayof ,200,-/ WITNESS: INDIVIDUAL(S) A8 OWNER(S): Witness Signature Owner Sigrtature ~ Printed Witness Na~ne Prinied (Javner Name Printed Witness Name Witness Signature Owner Signature Printed Witness Name Printed Owner Name Witness Signature Printed Wimess 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 ~ in the Co. untytaforesaid to take acknowledgments, personally appeared -'~O'[~-~ktA /34, ~}[]~--~ to me known to be the pemon(s) descril~l ia and who ex'ecut~t the foregoing instrument that he/she acknowledged before me that he/she executed the same; that the individual ~ :.--, -_-~.:_P;- k.~c,¥-.--:~ t-:, i~ z. provided the folloWingproofofidenfification: ]:r.~.._._~_~)_ O_~r2c~/,o/'y-tg--O._ / ~...%.. 3 ~7._. ~ WITNESS my hand and o.f0cial seal in the County and State last aforesaid this ffff day of. WFFNESS: CITY OF BOYNTON BEACH, FLORIDA Mayor ATTEST: CityxClerk STATE OF FLORIDA ) ' _ · ) SS: COUNTY OF PALM BEACH) I HEREBY CERTIFY that on this day, before me, an oiticer 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 wimesses 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. W1TNESS my hand and official seal in the County and State last aforesaid this __ day of' ,200. (Notary Seal) Notary Public Approved as to form: City Attorney 5 , // IN WITNESS WHEREOF, we have hereunto set our hands and seals the day of Y'~~ , in the year two thousand and, Sealed and delivered in the presence of Witness Signature . Printed Witness Name ' Pri~ted-~:)~,~ner'l(lame Witness Signature Printed Witness Name Witness Signature Owner Signature Printed Witness Name Printed Owner Name Witness Signature ' ' ISrfnted Witness Name STATE OF FLORIDA ) ) SS: COUNTY OF PALM BEACH ) THE FOREGOING INST, RUMENT~was ac~@owledged.befo, re me this .// day Type or Print My CommissiOn ExpireS:. POA. IND . THI~ INSTR1JMENT PREPARED BY: ~ & C-,o~, P.A. IRREVOCABLE SPECIAL POWER OF ATTORNEY (By Individuals) STATE OF FLORIDA COUNTY OF J~(~.lll~.,~___~C_~ '/:W~=~, b Dr'0 ~ ~. (/LJ" ~, hereinafter 'Grantee', hereby make, ~nstit~e, and appoint THE CI~ OF BOYNTON B~CH, FLORIDA, tree and la~ul affomey in fa~ for Grantee and in Grantee's name, pla~ and stead, for the sole pu~ose of exacting on behaE of Grantee the power to inEiate, maintain, and complete a ~lunta~ pet~on for annexa~on of the mai pmpe~ d~fi~ heroin into the CI~ OF BOYNTON B~CH. This power shall e~end to the CI~ OF BOYNTON B~cH full and ~mplete 'a~ to a~ on Grantee's behaE to a~mplish annexation by any , available means. The mai pmpe~ which is ~e subject of this ~wer is descHb~ as follo~: The ~wem a~ a~o~ of my a~omey, THE Cl~ OF 'BOYNTON B~CH, ~LORIDA, shall ~mmen~ and be in full fo~ and effe~ on ~e / / day of ~~ , 20~ ~ and the ~wem and a~ shall be i~vo~ble by G~tee. '~ I in. = 189.8 feet 0150 01,40 0130 0120 0110 0100 ,..-.~.. __ ~0040 0050 0060 0070 0380 0090 0130 3170 eEk. 266O 0310 2380 0170 0180 0190 2"/0 0200 !1860 t96~84~'~3t92t91t1791 117801"'i7t76t7Et74t73t'[2t17101 · HI~HLANI) RD 0gs0 0160 Location Map- Exhibit "A" Palm Beach County Property Appraiser Property Search System Page 1 of 2 Gary R. Nikolits, CFA Palm Beach County Property Appraiser Public Access System ......... ; .P rope.rty .!nformation Home Location Address: 1207 PEAK RD /[Show t4ap.-] Search Municipality: COUNTY OF PALM BEACH Search Result Parcel Control Number: 00-43-45-09-09-000-2530 Property In~:ormation Subdivision: RIDGE GROVE ADD I IN Owner Information Official Records Book: 07601 Page: 0291 Sale Date: Feb-1993 Structural ~etail Legal Description: RIDGE GROVE ADD NO 1 LTS 253.& 254 Extra-Features Land Detail Tax Detail rOwner Information ...... Name: WILEY DOROTHY M Print Information Mailing Address: 1207 PEAK RD ......... [ ............ ' LAKE WORTH FL 33462 5925 Property Appraiser H ~r~003 Certified Appraisal- Improvement Value: $50,918 Number of Units: 1 Land Value: $16,640 * Total Sq. Ft: 1405 Market Value: $67,558 Acres: .00 Use Code: 0100 Description: 'SINGLE FAMILY · in residential properties may indicate living area. -2003 Certified Tax I Ad Valorem: $466.24 I Non ad valorem: $192.00 · ota : $658.24 [ il I -2003 Certified Assessed & Taxable Values Assessed Value: $48,845 Exemption amount: $25,000 (2003 Exemption) Taxable: $23,845 2004 Exemption(s) I Regular Homestead: $25,000 TOTAL: $25,000 ! Detail .... ..~ [-Sales Information ! Sales Date Book Page Price Instrument Owner / ~- 0~601 0291 $45,000 WD ! Ma¥-1983 03943 1339 $100 QC Print infOrmation I Home t I Back I I Search I I Search Result http://www~c~~pa~m-beach~~~us/papa/main/d~tai~-inf~~asp?p-entity=~~4345~9~9~~~253~ 5/11/2004 VI.-CONSENT AGENDA ITEM C.7. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORI . Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Fonm Must be Turned Meeting Dates in to Ci_ty Clerk's Office Meeting Dates in to Ci_ty Clerk's Office [] April 6, 2004 March 15, 2004 (Noon.) [] June 1, 2004 May 17, 2004 (Noon) [] April 20, 2004 April 5, 2004 (Noon) [] June 15, 2004 May 31, 2004 (Noon) [] May 4, 2004 April 19, 2004 (Noon) [] July 6, 2004 June 14, 2004 (Noon) [] May 18, 2004 May 3, 2004 (Noon) [] July 20, 2004 July 5, 2004 (Noon) [] Adminislrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Adoption of Resolution Committing to comply with minimum fire-rescue level of service standards. EXPLANATION: On March 30, 2004, the Palm Beach County Board of Commissioners adopted a resolution confirming a level of service for fire-rescue services. The Level of Service (LOS) was developed in consultation with municipalities via the Palm Beach County League of Cities and the Palm Beach County Fire Chief's Association. The LOS standards are attached as Exhibit A to the resolution. The Palm Beach County Board of Commissioners has requested that all municipalities adopt resolutions of confirmation by July 1, 2004. PROGRAM IMPACT: None. The City of Boynton Beach currently meets the Level of Service standards. FISCAL IMPACT: None. However, the resolution as presented contains language that continued adherence to the LOS is contingent on the City Commission's approval of annual budgets and appropriation for fire-rescue services. ALTERNATIVES: Do not approve the resolution. Department Name ~'~Cit~, AU >r~[eyf/Finance / Human Resources RESOLUTION NO. ROB- RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, COMMITTING TO COMPLY WITH MINIMUM FIRE-RESCUE LEVEL OF SERVICE STANDARDS. WHEREAS, representatives of Palm Beach County (~the County") and the municipalities within the County ("the Cities") have engaged in extensive discussions regarding the implementation of countywide minimum fire-rescue level of service standards; and WHEREAS, the County and the Cities have determined that the provision of fire and emergency medical services is a fundamental governmental service that affects the basic life, health, and safety of their residents and visitors; and WHEREAS, the County and the Cities desire to voluntarily implement a countywide minimum level of service for all fire-rescue providers; and WHEREAS, representatives of the County and the Cities have met, conferred, and established the criteria for a minimum level of fire-rescue service; and WHEREAS, the County and the Cities have agreed on a five year implementation plan that includes a three year voluntary program to comply with all criteria except sub-paragraphs V-D, E and F; and WHEREAS, the County and the Cities have agreed to coordinate their progress and status in implementing the level of service standards through the Fire-Rescue Level of Service 3/8/04 Committee, whose membership is comprised of both municipal and county representatives. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF CITY OF BOYNTON BEACH, FLORIDA, that: The City of Boynton Beach, Florida, hereby expresses Its Intent to comply, subject to budget and appropriation of funds by the City Commission; with the minimum Level of Service standards as outlined in Exhibit A (~Countywide Minimum Level of Service For Fire-Rescue"), attached hereto and made a part hereof. PASSED AND ADOPTED by the City of Boynton Beach, this 1st day of June, 2004. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice-Mayor Co£~u~Lissioner Commissioner Commissioner ATTEST: City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY City Attorney 3/8/04 COUNTYWIDE MINIMUM LEVEL OF SERVICE FOR FIRE-RESCUE Exhibit A This countywide minimum level of service applies to all agencies providing fire-rescue services in Palm Beach County. A nine-member "Fire-Rescue Level of Service Committee," appointed by the Board of County Commissioners, in cooperation with municipalities, will serve in an advisory capacity to assist in the implementation of the standard. This nine-member committee shall be comprised of: Seat Category Term 1 County Administrator (or designee) Permanent Chairman 2 City Manager (small city) 1 year initial; 3 years thereafter 3 City Manager (large city) 2 year initial; 3 years thereafter 4 City Fire Chief (small city) 2 year initial; 3 years thereafter 5 City Fire Chief(large city) 1 year initial; 3 years thereafter 6 County Fire Chief permanent 7 Labor representative 1 year initial; 3 years thereafter 8 Fire-Rescue Advisory Board member 2 year initial; 3 years thereafter 9 EMS Council 2 year initial; 3 years thereafter It is the intent of this cormnittee to be advisory in nature to assist with the implementation of the minimum Level of Service standard as well as to establish a timeline and work plan for the development of a common dispatch system in Palm Beach County that could provide closest unit response capability. The Committee will serve as a technical reviewing body on all fire-rescue providers' plans to comply with the proposed Level of Service standard and advise the Board of County Commissioners on a quarterly basis on the progress toward compliance. Each provider will have three years to voluntarily comply with the LOS standard. If at the end of that period, all municipalities are not in compliance, the Board of County Commissioners will revisit the issue. All municipalities and County government will have until July 1, 2004 in order to adopt a resolution indicating their willingness to voluntarily comply with the proposed Level of Service. Notwithstanding the three-year voluntary implementation process described above, all providers shall comply with the Level of Service standard, not later than October 1, 2007. Functions of the Fire-Rescue Level of Service Committee are: - review and approve a model resolution to be approved by County govermnent and all municipalities to voluntarily comply with the proposed LOS standard; - advocate the adoption/implementation of the proposed minimum LOS; - assist providers in developing action plans to meet the minimum LOS; - review initial reports submitted by all agencies; LEVEL OF SERVICE CRITERIA, revised 3/2/04 Page 1 ~ review action plans of those not in compliance and prepare quarterly progress reports to the Board of County Commissioners; - review partnering arrangements to determine if they meet standards; - review compliance reports; - provide feedback reports, with specific recommendations to non-complying providers. - serve as a central collection point for reviewing updated standards and determining inclusion into Palm Beach County standards; Standards: The Committee will have no ongoing responsibility for standards and laws established by local, state and federal governments. The standards and laws included in this document are for reference purposes only. However, at the time an agency submits its compliance report, it shall attest to its overall compliance with all local state and federal regulations. On October 1, 2007, whatever edition of referenced standards that are in effect will be the baseline standard. Amendments to any referenced standard will be reviewed by the Committee within 6 months of their adoption to determine whether they should be incorporated into Palm Beach Cotmty Standards. Whenever reviewing amended standards for possible adoption, the Committee shall provide a sixty-day public comment period, followed by a public hearing, and then adoption of such standard. Consultant: The Committee has the authority to recommend to the Board of County Commissioners to contract with a Fire and EMS expert to assist in the initial review of compliance reports and implementation plans. Said consultant would provide professional expertise to those agencies required to develop and implement a compliance plan, if requested by that agency. Listed below are the specific criteria established as a minimum to be a provider of fire-rescue service in Palm Beach County: I. STAFFING A.Daily staffing should be no less than 11 personnel: 1. 2 engines/quints (staffed with 3 each) 2. 2 ALS transport units (staffed with 2 each - FS, Chapter 401.25(7b), 2002 complian0 3. 1 officer (Incident Commander) (a) Minimum staffing may be accomplished through partnering with another provider, through interlocal agreement, as long as all partners are under a single dispatch/communications system, or separate, fully-integrated dispatch centers with common communications capabilities, which includes closest unit response between the partnering agencies, operate on the scene utilizing the same Standard Operating Guidelines, and utilize the Incident Management System, as adopted by the Palm Beach County Fire Chiefs Association. (b) Alternative deployment strategies for personnel and equipment submitted as equivalencies to this standard must be reviewed and considered for approval by the Committee. LEVEL OF SERVICE CRITERIA, revised 3/2/04 Page 2 B. Each provider will employ or contract with a State Certified Fire Inspector, as outlined in FS, Chapter 633.081, 2002 references: Florida Statutes, Chapter 401.25(7b), 2002 Florida Statutes, Chapter 633.081, 2002 Incident Management System, as adopted by PBC Fire Chiefs Assn II. APPARATUS/EQUIPMENT A. All fire engines/quints, as a minimum, shall be Class A pumpers, and shall meet NFPA Standard 1901, 1999 edition, plus 1. carry adequate adaptors to provide continuous fire flow to neighboring jurisdictions 2. carry or have available at the emergency scene hydraulic equipment capable of releasing entrapped victims. B. All ALS transport units shall meet State Licensing requirements 1. transport capable (meeting FS 401) 2. equipment to meet FS 401 for ALS transport (Admin Code 64E2, revised November, 2002) III. TRAINING/CERTIFICATION OF PERSONNEL A. Basic (FF II, EMT) [Note: Strategies to certify FF I's to FF II level and non- EMT's to EMT level should be included in an Agency's compliance plan.] B. Paramedic C. Hazardous Materials (Operational Level) D. Supervisors - Incident Command Training (per IMS adopted by PBC Fire Chiefs) E. State Certified Municipal Fire Inspector Certification (for at least 1 employee or outside contractor) F. Emergency Medical Dispatch Training (for dispatchers), Utilizing certification available through; A.P.C.O., Medical Priorities, or Powerphone. references: EMS Ordinance #01-25 Regional Haz Mat Ordinance ~h91-27 Incident Management System, as adopted by Palm Beach County Fire Chiefs Association 29 CFR 1910, July, 2001 edition IV. COMMUNICATIONS A. CAD systems that produce standardized data (implementation to be in accordance with Section V) B.Synchronization of clocks C.Emergency Medical Dispatch and pre-arrival instructions D.Policies & Procedures to capture response time elements E.Records Management System, standard reports F. interoperability with other systems in the County (at a minimum each operational trait shall have access to the County-Wide, 800 MHz mutual aid talk groups) references: Incident Management System, as adopted by Palm Beach County Fire Chiefs Association NFPA 1221, 1999 edition LEVEL OF SERVICE CRITERIA, revised 3/2/04 Page 3 V. RESPONSE TIME/PERFORMANCE A. uniform response time elements will be alarm handling, turnout time and travel time, for all responding emergency units B. all providers shall respond to all emergency fire and medical calls in an average of 8 minutes total response time C. by March 1, 2007, the Committee shall identify exclusions of call groups for response time reporting (i.e., Code 1 responses and mutual aid responses) D. by October 1, 2007, each provider will have a CAD system that captures all established time elements, as identified and adopted by the Committee E. by October 1, 2008, each provider will report all established time elements to the Committee on a quarterly basis F. by October 1, 2009, the Committee will establish a response time standard which will become part of the compliance requirements references: EMS Ordinance #01-25 and Rules & Regulations Haz Mat Ordinance #01-27 VI. INCDENT MANAGEMENT All agencies shall adopt and utilize the Palm Beach County Fire Chiefs Association Incident Management System, with appendices. references: Incident Management System, as adopted by the Palm Beach County Fire Chiefs Association Chapter 633, Florida Statutes, 2002 Florida Administrative Code 4A-62, revised November, 2001 29 CFR 1910.134, July 2001 edition NFPA 1500, 1997 edition NFPA 1710, 2001 edition LEVEL OF SERVICE CRITERIA, revised 3/2/04 Page 4 tlPt 22 April 2004 co,mty admJnlst~tlo,, Mayor Jerry Taylor / P.O. Box 1989 City of BOynton Beach Nest Palm Beach, FL 33402-1989 100 E. Boynton Beach Blvd. Boynton Beach, FL 33425 (561) 355-2030 FAX: (561) 355-3982 RE: FIRE-RESCUE LEVEL OF SERVICE www. pbcgov, com Dear Mayor Taylor: · The Board of County Commissioners, at its January 27, 2004 meeting, agreed with the League of Cities' Board of' Directors recommendation to provide a three-year window to obtain voluntary compliance to the adopted Fire-Rescue Palm Beach County ~oa, a ot co,,nty Minimum Level of Service Standards. The Commission made it clear at that time Com/tni$$1oners that they wanted, all-goVernmental bodies to adopt a resolution indicating their lqTa'en T. Marcus, Chair willingness to comply with the LOS Standards and their intent on meeting the three-year voluntary compliance. Tony Masilotti, Vice Chairman Jert}~oons At its March 30th meeting, the Board of County Commissioners adopted a model .resolution (see attached). The League has also distributed the resolution to Warren H. Neweli the. cities for their consideration, and the :Level of Service Committee will review taary McCany any comments made by the League at its May 19th meeting. Burr Aaronson As Chairman of the Fire-Rescue Level of Service Committee, we stand /~aaie ~_ Greene ready to offer our resources to assist your agency in any way we can. We have made great progress over the past year in working, cooperatively in order to enhance fire-rescue services throughout the county, but there is much work to be done. To that end, members of the Level of Service Committee will be available coanty naministlat~,~ to attend any meetings With elected officials you may desire. If you desire a Robert Weisman presentation to your City Commission/Town Board, please contact me at 561/355-4019 so that a member of the Level of Service Committee can be Present at your meeting. We would appreciate 'at least two weeks advance notice, if possible, Smce' y, ' BradMerriman, ASSistant County AdminiStrator AttaChment ReSolution -a,.r~r~t o~n,on~0, cc: CitY and Town Managers' a~-~t~, Am'o.,~W~ Level of Service' Committee Members ~amie Titcomb, Executive Director, Palm Beach County League of Cities VI.-CONSENT AGENDA ITEM C.8 1 RESOLUTION 04- 2 3 A RESOLUTION OF THE CITY COMMISSION OF THE 4 CITY OF BOYNTON BEACH, FLORIDA, RATIFYING 5 THE CONTRACT BARGAINING AGREEMENT 6 BETWEEN THE CITY OF BOYNTON BEACH, 7 FLORIDA AND THE NATIONAL CONFERENCE OF 8 FIREMEN & OILERS SEIU, AFL-CIO, CLC, LOCAL 9 I227 (BLUE COLLAR BARGAINING UNIT) FOR THE !0 PERIOD FROM OCTOBER 1, 2003 THROUGH 1~ SEPTEMBER 30, 2004, AND AUTHORIZING AND 12 DIRECTING THE CITY MANAGER AND CITY CLERK 13 TO EXECUTE THE AGREEMENT; AND PROVIDING 14 AN EFFECTIVE DATE. 16 WHEREAS, the City of Boynton Beach and the NATIONAL CONFERENCE 17 )F FIREMEN & OILERS SEIU, AFL-CIO, CLC, LOCAL 1227 (Blue Collar Bargaining 18 3nit) have successfully concluded negotiations for a one year contract; and 19 WHEREAS, the Agreement was ratified by the Bargaining Unit of the Union; 20 md 21 ~,VIIEREAS, the City Commission of the City of Boynton Beach deems it to be in 22 he best interests of the residents and citizens of the City to ratify the Agreement and 23 xecute the same; and 24 NOW, TItEREFORE, BE IT RESOLVED BY TItE CITY COMMISSION 25 26 )F TIlE CITY OF BOYNTON BEACH, FLORIDA, TIlAT: 27 28 Section 1. The. City Commission of the City of Boynton Beach, Florida does 29 tereby ratify the Agreement between the City of Boynton Beach and the NATIONAL 30 .'ONFERENCE OF FIREMEN & OILERS SEIU, AFL-CIO, CLC, LOCAL 1227 (Blue 31 .'ollar Bargaining Unit) for the period of October 1, 2003 through September 30, 2004, 32 nd authorizing and directing the City Manager and City Clerk to execute the Agreement, 33 copy of said agreement being attached hereto as Exhibit "A". I Section 2. This Resolution xvill become effective immediately upon passage. 2 PASSED AND ADOPTED this day of June 2004. 3 4 CITY OF BOYNTON BEACH, FLORIDA 5 6 7 Mayor 8 9 10 Vice Mayor 11 12 13 Mayor Pro Tem 14 15 16 Commissioner 17 18 19 Commissioner 2o X. TTEST: 21 22 23 2ity Clerk 24 25 Corporate Seal) 26 27 :a~o~-~t~Uu¢ Co~ o~ V1'.-CONSENT AGENDA ITEM C.8. PROPOSED LABOR AGREEMENT BETWEEN The City of Boynton Beach, Florida and The National Conference of Firemen & Oilers, SEIU, AFL-CIO, CLC, Local 1227 Blue Collar Bargaining Unit October l, 2003 to September 30, 2004 5/27/04 TABLE OF CONTENTS Article Page 1 Preamble 5 2 Recognition 6 3 Rights of Employees 7 4 Strikes 8 5 Non-Discrimination 9 6 Representation of the City 10 7 Union Representation 11 8 Collective Bargaining 13 9 Union Time Pool 14 10 Bulletin Boards 15 11 Grievance Procedure 16 12 Disciplinary Appeal Procedure 19 13 Basic Work Week and Overtime 21 14 Task Assignment 23 15 Work Breaks 25 16 Time Records 26 17 Compensatory Time 27 18 Wages 28 19 Transfers and Demotions 30 20 Stand By and Call Back Pay 32 2 City of Boynton Beach NCF&'O/SEIU LOCAL 1227 5/27/04 21 Working in a Higher Class 33 22 Pay for Training 34 23 Emergency Pay 35 24 Certification Pay 36 25 Sick Leave 37 26 Workers Compensation 39 27 Light Duty 40 28 Vacation 41 29 Bonus Days and Bonus Increases 42 30 Holidays 43 31 Funeral Leave 44 32 Military Leave 45 33 Leave of Absence 46 34 Unauthorized Absence 47 35 Jury Duty 48 36 Seniority, Layoff, Recall 49 37 Job Posting 51 38 Safety and Health 52 39 Tool Replacement 54 40 Uniforms 55 41 Insurance 57 42 Personnel Files 58 3 City of Boynton Beach NCi:V&0/SEIU L~C~L 12~27 5/27/04 43 Tuition Reimbursement 59 44 General Provisions 60 45 Dues Deduction 61 46 Pension 63 47 Substance Abuse 64 48 Probationary Period 65 49 Longevity 66 50 Management Rights 67 51 Savings Clause 69 52 Maintenance of Conditions 70 53 Posting of Agreement 71 54 Collateral Documents 72 55 Duration 73 4 City of Boynton Beach NCF&O/SEIU LOCAL 1227 5/27/04 ARTICLE 1 PREAMBLE Section 1. This agreement is entered into by and between the City of Boynton Beach, Florida, hereinafter referred to as the "Employer" or "City", and the National Conference of Firemen and Oilers, SEIU AFL-CIO, LOCAL 1227, hereinafter referred to as the "Union". The general purpose of this Agreement is to set forth terms and conditions of employment and to promote orderly and meaningful labor relations for the mutual benefit of the City of Boynton Beach in its capacity as an employer, the employees, and the citizens of Boynton Beach. The parties recognized that the best interest of the community and the job security of the employees of the City depend upon the City's success in establishing and maintaining effective, proper and superior service to the community. Section 2. The Parties agree that nothing in this agreement shall prohibit the parties from meeting and discussing any items of mutual interest. City of Boynton Beach NCF&O/SEIU LOCAL 1227 5/27/04 ARTICLE 2 RECOGNITION Section 1. The City of Boynton Beach hereby recognizes the National Conference of Firemen and Oilers, SEIU LOCAL 1227 as exclusive representatives for the bargaining unit described below for the purpose of bargaining collectively with the City relative to wages, hours, and terms and conditions of employment of the pubic employees within the bargaining unit. Section 2. The bargaining unit is comprised of those positions certified for inclusion by the Public Employees Relations Commission. Section 3. In the event of a conflict between the foregoing list of positions included in the bargaining unit and the unit as recognized by the Public Employees Relations Commission (PERC), the unit recognized by the PERC shall control. 6 City of Boynton Beach NCF&O/SEIU LOCAL 1227 5/27/04 ARTICLE 3 RIGHTS OF EMPLOYEES Section 1. The employees in the bargaining unit shall have the right to join or assist the Union or to refrain from any such activity. Section 2. The City agrees to the preservation of employee rights as described in this article. Section 3. All provisions of this Agreement shall be applied fairly and equitably to all employees in the Bargaining Unit. Section 4. Employees may request a Union representative to be present when they believe a formally scheduled meeting with a supervisor may lead to discussions which could form the basis of disciplinary action. Section 5. The City will provide each new employee with a copy of this Agreement at the time of their initial orientation. NCF&O/SEIU L~CAL 1~27 City of Boynton Beach 5/27/04 ARTICLE 4 STRIKES Section 1. The National Conference of Firemen and Oilers, SEIU, AFL-CIO, Local 1227, or their member agents or designees, agree during the life of this Agreement that they shall have no right to engage in any work stoppage, slow down, strike or unlawful picketing. Section 2. In the event of a strike, work stoppage or interference ~vith the operation and accomplishment of the mission of the City Administration, a state or international representative of the Union shall promptly and publicly disavow such strike or work stoppage and order the employees to return to work and attempt to bring about prompt resumption of the normal operations. The Union representatives shall notify the City 12 hours after commencement of such strike, what legitimate measures it has taken to comply with the provisions of this Article. 8 City of Boynton Beach NCF&O/SEIU 5/27/04 ARTICLE 5 NON-DISCRIMINATION Section 1. The Employer and the Union agree that all provisions of the Agreement shall be applied to all employees covered by it and the Employer and the Union affirms their joint opposition to any discriminatory practices to the extent prohibited by law in connection with employment. Section 2. It is agreed that no employee shall be discriminated against, as prescribed by State or Federal laws, in their employment because of race, creed, color, sex, age, national origin, marital status, physical handicap, sexual orientation or membership or non-membership in the Union. 9 City of Boynton Beach NCF&O/SEIU LOCAL 1227 5/27/04 ARTICLE 6 REPRESENTATION OF THE CITY Section 1. The City shall be represented by the City Manager, or a person or persons designated in writing to the Union by the City Manager. 10 City of Boynton Beach NCF&O/SEIU LOCAL 1227 5/27/04 ARTICLE 7 UNION REPRESENTATION Section 1. The City agrees to recognize the Union's officers and eight (8) City employee stewards as agents of the Union. The Union shall furnish written notice to the Department Head of the designated Union officers and stewards within three days of ratification of this Agreement and when any change in designation is made thereafter. The City recognizes the right of the Union to designate one (1) chief steward from among the eight (8) City employee stewards. The authority of a Union steward to act on behalf of and bind the Union is implied from their designation as Steward. Section 2. Non-employee officials of the Union shall, with prior notification by the Department Head be admitted to the property of the City for purposes of administering the Agreement. Union officials as designated above shall only be able to meet with City employees in non-work areas (i.e., break areas) and during non-work time. Nothing in this section shall preclude or interfere with the City's right to control access to City facilities for safety and/or security purposes. Section 3. Union stewards will be granted paid leave to engage in representation activities on behalf of any member as follows: Engaging in collective bargaining with the representatives of the CITY and for grievance investigation and consultation with management. Section 4. Union Stewards may be released and may utilize up to 200 hours per year to respond to: 1. An employee is required to appear at a hearing related to a grievance and or arbitration. 2. An employee is responding to disciplinary action or investigation. 3. An employee is attending a pre-determination hearing. The City grants the Union stewards, as a group, 200 hours per year, without loss of pay to engage in representative activities as set forth in section 4. The 200 hours may be transferred from steward to steward, provided the total for all eight (8) stewards does not exceed 200 hours. If the total hours used exceeds 200, then stewards may be released without pay, but only at the discretion of the department head (or designee), whose approval shall not be unreasonably xvithheld and when releasing such employee does not adversely effect the on-going day to day operations in any department. Additional hours may be used, with pay, when those hours are funded by "Union Time Pool" time. City of Boynton Beach NCF&O/SEIU L(bCAL 122'~ 5/27/O4 The CITY may stop the use of such time off if it interferes with productivity, or manpower needs. However, the exercise of such right on the CITY'S part shall not be arbitrary or capricious, nor shall it allow the CITY to proceed in a manner that deprives the employee of his or her right of representation. Section 4. No employee shall engage in Union business while on duty except as referenced in Section 3. Section 5. The City Manager will grant the Union stewards combined leave, without pay, for a total of twenty (20) days per year in order that they may attend conferences, seminars and similar events or other union activities related to their representative function provided the leave does not adversely effect the on-going day to day operations in the any department. Section 6. Stewards shall maintain and provide to the City a Union Business time-out slip that shall be processed to show their accumulated hours used against the 200 hours per year granted. The form for this purpose shall be attached hereto as Appendix "A" to this agreement. 12 City of Boynton Beach N LO~AI~/122"] 5/27/04 ARTICLE 8 COLLECTIVE BARGAINING Section 1. The membership of the bargaining unit shall be represented in collective bargaining by the President of the Union or by a person or persons designated in writing to the City Manager. The President of the Union, or the person or persons designated shall have full authority to conclude a Collective Bargaining Agreement on behalf of the Union subject to a majority vote of those members of the Bargaining Unit voting on the question of ratification. It is understood that the Union representative or representatives are the official representatives of the Union for the purpose of negotiating with the City. Such negotiations entered into with persons other than those defined herein, regardless of their position or association with the Union, shall be deemed unauthorized and shall have no weight or authority in committing or in any way obligating the Union. It shall be the responsibility of the Union to notify the City Manager in writing of any changes in the designation of any certified representative of the Union. Section 2. No more than eight stewards may participate in collective bargaining while on duty, without loss of pay. Additional stewards or bargaining unit members may attend while off duty or when on approved leave. 13 City of Boynton Beach NCF&O/SEIU LOCAL 1227 5/27/04 ARTICLE 9 UNION TIME POOL Section 1. Bargaining unit members may donate from one (1) to five (5) hours of accrued vacation leave, sick leave or comp time to be banked and subsequently used to permit designated Union stewards to engage in representative activity or training. All donated time will be calculated, banked, and distributed on an hour-to-hour basis. An list of those employees donating to this time bank shall be maintained by the Union, a copy of which will be provided to the City Manager and Finance Director. Section 2. Donations to the Union Time Pool shall be solicited by the union during ratification of the Agreement. Donations shall be transferred from the employees appropriate leave bank each year of the Agreement during the month of January. The City shall match the number of Union Time Pool hours, each year, at 50% of the number of hours solicited by the Union. Time Pool hours shall roll over from one year to the next. Union representation shall utilize the Union Time-Out slip when using Time Pool hours. Union Time Pool hours shall be utilized prior to the 200 hours provided for Union leave under Article 7 Union Representation. 14 City of Boynton Beach NCI~&O/SEIU LOCAL 1227 5/27/04 ARTICLE 10 BULLET1N BOARDS Section 1. The Union shall be provided space on bulletin boards at each location so designated by the City in the areas where unit employees normally are assigned to work for the use of LOCAL 1227. These bulletin boards shall be used for posting Union notices, signed by a Union officer but restricted to the following: A. Notices of Union recreational and social affairs; B. Notices of Union elections and results of elections; C. Notices of Union appointments and other official Union business; D. Notices of Union meetings. E. Union newsletter On Track (may be unsigned). Section 2. All other information, including any notices containing any information other than purpose, date, time and place may be posted on such designated areas and the Union shall furnish the City Manager's office with a copy. All costs incidental to preparing and posting of Union materials will be borne by the Union. The Union is responsible for posting and removing approved material on its bulletin board and for maintaining such bulletin boards in an orderly condition. Section 3. The Union shall not post endorsements for candidates who are running for office. 15 City of Boynton Beach NCF&O/SEIU LOCAL 1227 5/27/04 ARTICLE 11 GRIEVANCE AND ARBITRATION PROCEDURES Section 1. A ghevance is defined as a dispute or disagreement involving the application or interpretation of this Agreement. Issues or disputes which are not grievances as so defined shall not be subject to arbitration, but may be processed through the grievance procedure only after all attempts to resolve the dispute through labor management meetings has failed. Section2. No employee or group of employees may refuse to follow directions pending the outcome of a ghevance except where safety would be jeopardized. Employees in the bargaining unit will follow all written and verbal directives, unless the employee has an objective basis to believe that his/her health and safety is threatened. Compliance with such directive will not in any way prejudice the employee's right to file a grievance within the time limits contained herein, nor shall compliance affect the ultimate resolution of the grievance. The parties agree that the grievance procedure shall be the sole and exclusive method for resolving any dispute involving the application or interpretation of the Agreement. Section 3. All grievance statements of appeal and answer must be in writing. Grievances not appealed to the next higher step within the prescribed time limits will be considered withdrawn. Failure by management to observe time limits for any step of the grievance procedure shall entitle the employee to advance the grievance to the next step. Grievance time limits may be extended by mutual written agreement of the Union and the City. Section 4. GREIVANCE PROCEDURE STEPS Step 1. a) Within five (5) working days of the incident or the time which the employee had knowledge of the incident, the employee may initiate a written complaint with his/her Department Director or during regular working hours the employee may elect to have a Union steward present the grievance to the Department Director. The written complaint will include a description of the action requested and the basis for the request. b) Within five (5) days of receiving the written complaint the Department Director will contact the aggrieved employee and schedule a meeting within five (5) days to discuss the matter, c) Within five (5) days of the meeting, the Department Director shall respond in writing to the employee with the decision. 16 City of Boynton Beach NCF&O/SEIU LOCAL 1227 5/27/04 The written grievance should state the following: A. Statement of the grievance and the facts upon which it is based. B. The Article(s) and Section(s) of this Agreement alleged to have been violated. C. The action, remedy, or adjustment requested. D. The signature of the aggrieved employee and or union representative and date. E. A statement indicating the grievance is a class action grievance. F. A statement identifying the positions of the class of workers affected. Step 2. In the event the employee is not satisfied with the disposition of the grievance by the Department Director, a) the Union shall have the right to appeal the decision to the Human Resources Director within five (5) days of the date of receipt of the Department Director's decision, b) Within five (5) days of receipt of the grievance, the Human Resources Director will contact the aggrieved employee and schedule a meeting within five (5) days to discuss the matter, c) The Human Resources Director or designee shall respond in writing to the employee xvithin five (5) days of the meeting. Step 3. When a grievance/disciplinary appeal is not settled under the forgoing steps of the grievance procedure, the Union, within twenty (20) days of such decision or termination, may refer the dispute to an impartial arbitrator from the pre-selected panel of arbitrators appointed by mutual agreement of the parties. The arbitrators shall be appointed with the understanding that the hearing on the matter appealed will be heard within ninety (90) days following appointment. Either party shall not utilize court reporters and/or written briefs. The arbitrator shall make a final and binding ruling immediately following the hearing. The City and the Union agree that within thirty (30) days after the ratification of this Agreement to select a panel of six (6) arbitrators from the Federal Mediation and Conciliation Service (FMCS). The City shall select three (3) arbitrators and the Union shall select three (3) arbitrators. These arbitrators, once selected shall hear grievances on a rotating basis, beginning in alphabetical order of the arbitrator's sir name. Section 5. The arbitrator shall have only jurisdiction and the authority to apply and interpret the provisions of this Agreement. He/she shall not have jurisdiction to alter or change in any way the provisions of this Agreement and shall confine the decision solely to the issue of interpretation or application of the Agreement presented. The decision of the arbitrator on any matter within his/her jurisdiction shall be final and binding on the Union, the City and the employee covered by the Agreement. a. The City and the Union agree to share all information each party will present to the arbitrator no later than ten (10) days prior to the date of the arbitration, even if such information was accumulated after the final grievance step or after the terminated employees' pre-determination hearing. 17 City of Boynton Beach NCF&O/SEIU LOCAL 1227 5/27/04 Section 6. The hearing shall not be formal and the strict roles of evidence shall not apply. Section 7. The parties shall divide the arbitrator's fee and expenses equally. In the event of a settlement, the arbitrator's fee and expenses shall be bom equally by the parties, unless they agree otherwise. Section 8. The term "day" shall mean Monday through Friday, exclusive of holidays, as recognized by this agreement. 18 City of Boynton Beach NCF&O/SEIU EOCPtL 1227 5/27/04 ARTICLE 12 DISCIPLINARY APPEAL & ARBITRATION PROCEDURE Section 1. Employees who receive a verbal warning, or a counseling memorandum, which is a written warning may place a written refutation into their personnel file to dispute the verbal warning, or counseling memorandum. Should the employee not sustain an additional verbal warning, or counseling memorandum for the same offense within 24 months of the initial verbal warning or counseling memorandum, the discipline shall not be considered toward any subsequent progressive disciplinary action. Section 2. Disciplinary action that is more severe than a written reprimand may be appealed through Step 3 of this appeal procedure. Section 3. Any employee facing a termination action shall have an opportunity to appear and be represented during a pre-determination hearing. Section 4. Subsequent to the pre-determination hearing a employee has been suspended or received more severe discipline by the City and the employee or the Union desires to challenge such discipline, arbitration may be requested, which shall be filed with the Human Resources Director at Step 3 of this process. DISCIPLINARY APPEAL STEPS: Step 1 .a) Within five (5) working days of the incident/disciplinary action or the time which the employee had knowledge of the incident/disciplinary action, the employee may initiate a written complaint with his/her Department Director during regular working hours. The employee may elect to have a Union steward present the disciplinary appeal to the Department Director. The written complaint will include a description of the action requested and the basis for the request, b) Within five (5) days of receipt of the appeal, the Department Director will contact the aggrieved employee and schedule a meeting xvithin five (5) days to discuss the matter. The Department Director or designee shall respond in writing to the employee within five (5) days of the meeting with a decision. The wq'itten disciplinary appeal should state the following: A. Statement of the appeal and the facts upon which it is based. B. The Articles(s) and Section(s) of this Agreement alleged to have been violated. C. The action remedy, or adjustment requested. D. The signature of the aggrieved employee and or union representative and date. E. A statement indicating if the appeal is a class action. F. A statement identifying the positions of the class of workers affected. 19 City of Boynton Beach NCF&O/SEIU LOCAL 1227 5/27/04 Step 2. In the event the employee is not satisfied with the disposition of the appeal by the Department Director, a) the employee shall have the right to appeal the decision to the Human Resources Director within five (5) days of the date of receipt of the Department Director's decision, b) Within five (5) days of the date of receipt of the grievance, the Human Resources Director will contact the aggrieved employee and schedule a meeting within five (5) days to discuss the matter. The Human Resources Director of designee shall respond in writing to the employee within five (5) days of the meeting with a decision. Step 3. In the event of a suspension or more severe discipline, or when an appeal is not settled under the forgoing steps of the grievance procedure, the employee or the Union, within twenty (20) days of such decision or termination, may refer the dispute to an impartial arbitrator from the pre-selected panel of arbitrators appointed by mutual agreement of the parties. The arbitrators shall be appointed with the understanding that the hearing on the matter appealed will be heard within ninety (90) days following appointment. Either party shall not utilize the court reporters and/or written briefs. The arbitrator shall make a final and binding ruling immediately following the hearing. The City and the Union agree that within thirty (30) days after the ratification of this Agreement to select a panel of six (6) arbitrators from the Federal Mediation and Conciliation Service (FMCS). The City shall select three (3) arbitrators and the Union shall select three arbitrators. These arbitrators, once selected shall hear grievances on a rotating basis, beginning in alphabetical order of the arbitrator's surname. Section 4. The arbitrator shall only have jurisdiction and the authority to apply and interpret the provisions of this Agreement. He/she shall not have jurisdiction to alter or change in any way the provisions of this Agreement and shall confine the decision solely to the issue of interpretation or application of the Agreement presented. The decision of the arbitrator on any matter within his/her jurisdiction shall be final and binding on the Union, the City and the employee covered by the Agreement. a. The City and the Union agree to share all information each party will present to the arbitrator no later than ten (10) days prior to the date of the arbitration, even if such information was accumulated after the final appeal step or after the terminated employee's pre-determination hearing. Section 5. The hearing shall be informal and the strict rules of evidence shall not apply. Section 6. The parties shall divide the arbitrator's fee and expenses equally. In the event of a settlement, the arbitrator's fee and expenses shall be bom equally by the parties, unless they agree otherwise. Section 7. The term "day" means Monday through Friday exclusive of holidays recognized by this Agreement. 20 City of Boynton Beach NCF&O/SEIU LOCAL 1227 5/27/04 ARTICLE 13 BASIC WORK WEEK AND OVERTIME Section 1. The basic workweek shall consist of forty (40) hours, unless otherwise specified. The City Manager will establish and may change the basic workweek and hours of work best suited to meet the needs of the department and to provide superior service to the community. Nothing in this Agreement shall be construed as a guarantee or limitation of the number of hours worked per week. Section 2. All authorized and approved work performed in excess of forty (40) hours in any one work week shall be considered as overtime and shall be paid at the overtime rate of one and one-half times the employee's straight time rate. Overtime shall be offered on a rotating basis based on seniority. Section 3. Employees shall be required to work overtime as directed unless excused by supervision. In the event any employee is required to work approved overtime, he/she shall not be requested to use annual leave nor be placed in a "leave without pay" during the basic workweek in order to compensate or offset the overtime hours worked or to be worked. Section 4. Since the Utility Department is a seven (7) day per week continuous operation, employees will have two (2) consecutive days off after completing their regularly scheduled five day work week. In the event that an employee chooses to do so, and it can properly be scheduled, their two days off per week may be split to accommodate the needs of both the employee and the employer. Section 5. Supervisors will provide no less than two (2) hours advance notice to employees prior to the assignment of scheduled overtime, except in the case where the supervisor has determined that the scheduling of overtime is done on an immediate basis to meet the needs of the community. Section 6. For purposes of overtime computation holidays, personal leave days, vacations, and the employee's use of sick leave shall be considered as time worked. Funeral leave, jury duty, annual military leave, and other absences from duty on active pay status shall not be considered as time worked for purposes of overtime computation. Section 7. Employees cannot be in a work status more than seven (7) minutes prior or seven (7) minutes after regular workday unless they have their supervisor's approval to be in a work status. Each employee must be advised of the official start and ending time of their department workday. For purposes of overtime, the City will follow the Department of Labor's "7/8 Minute Rule". This rule means that an employee will not be eligible for overtime until he/she has been on the job for more than seven minutes, i.e. at the start of the 8th minute they would 21 City of Boynton Beach NCF&O/SEIU LOCAE 1227 5/27/04 then receive 15 minutes at time and a half. This procedure will also be followed if an employee reports to work late. The employee shall be marked as tardy using the same 7/8 Minute rule, for purposes of calculating payroll, however, an employee will be deemed "tardy" if they appear for work anytime after the designated starting time. Any employee that is tardy is subject to appropriate discipline. Section 8 It is understood that the clock designated by an employee's supervisor to record arrival and departure shall be the clock against which timely reporting for work is measured. If at any time, that clock is deemed inoperative, the immediate supervisor will advise employees of the clock which will be utilized in lieu of it. Section 9 This article, effective as of the ratification date by the Commission, is not retroactive. 22 City of Boynton Beach N(2F&O/SEIU LOCAL 1227 5/27/04 ARTICLE 14 TASK ASSIGNMENT - SOLID WASTE Section 1 Workweek and Overtime A. Solid Waste employees shall be held responsible for satisfactory completion of a daily task assignment. B. Within the Solid Waste Division, circumstances may arise which prevent certain crews from completion of their assigned route within the work day. In that event management may direct other crews to help complete the route(s) of the crews unable to complete their route(s), on that same day. C. All employees in the Solid Waster Division of Public Works that are covered by this agreement shall be considered task employees. Task employees will be assigned to shifts or either 8 or 10 hours per day. Employees will always maintain the same shift for an entire workweek. A daily task assignment shall be assigned at the beginning of the workday by the supervisor. Upon completion of the assigned daily task, the task employee may be required to perform other work functions related to the Solid Waste Division of public Works. Task employees may be assigned duties outside of the Solid Waste Division in the event of pending, ongoing, or past citywide emergencies. Task employees shall be released from duty by the immediately supervisor. No task employee will be allowed to release him or herself from duty. Task hours shall be counted in the computation of overtime. D. All task runs shall be equalized as closely as possible, as determined by the Public Works Director. E. Employees covering another employees assigned routes when the normally assigned employee is on vacation or out for an extended illness, shall be assigned for the entire 40 hour period, and shall work the same shift for the entire period as the employee whose shift they are covering. Management .shall make every effort to assign the employee covering the shift 48 hours in advance. Section 2. Holidays A. Employees who regularly work a ten (10) hour assignment shall receive ten (10) hours pay for each observed holiday. Employees who regularly work an eight (8) hour assignment shall receive eight (8) hours pay for each observed holiday. 23 City of Boynton Beach NCF&O/SEIU LOCAL 122/7 5/27/04 B. In addition to receiving holiday pay Solid Waste employees shall receive their regular daily task hours at time and one half when required to work on a holiday even if they complete their assignment in fewer hours than regularly assigned. Should they be required to work beyond their regular task hours on a holiday, those hours also shall be paid at time and one half their regular rate of pay. C. Should the City determine it necessary to schedule a makeup day during a week when a holiday falls, and the makeup day is different than the day the employee normally works, the employee shall receive his hours at double time if the makeup da), is on Saturday or Sunday or time and a half if the makeup day is on Wednesday. D. The City will publish a holiday service schedule and make up day schedule at least six (6) months prior to the holiday. Section 3. This article, effective as of the ratification date by the Commission, is not retroactive. 24 City of Boynton Beach NCF&O/SEIU LOCAL 12£7 5/27/04 ARTICLE 15 WORK BREAKS Section 1. Employees shall receive either a one-half hour or a full hour unpaid lunch period each day based on a majority vote of the employee group. Section2. Employees shall also receive two; fifteen (15) minute paid breaks each day. Any employee group that would like to forgo their fifteen (15) minute breaks and add them to their lunch period may do so on a majority vote of the employee group. In addition employees shall be in a pay status, each day, as follows: - Travel time to and from lunch not to exceed twenty (20) minutes each day. - Ten (10) minutes clean-up time prior to the lunch period. - Fifteen (15) minutes clean-up time prior to the end of the employees shift. 25 City of Boynton Beach NCF&O/SE1U LOCAL 1227 5/27/04 ARTICLE 16 TIME RECORDS Section 1. Employees cannot be in a work status more than seven (7) minutes prior or seven (7) minutes after regular workday unless they have their supervisor's approval to be in a work status. Each employee must be advised of the official start and ending time of their department workday. Section 2. For purposes of calculating on duty time for overtime purposes, the City will follow the Department of Labor's "7/8 Minute Rule". This rule means that an employee will not be eligible for overtime until he/she has been on the job for more than seven minutes, i.e. at the start of the 8th minute they would then receive 15 minutes at the overtime rate as outlined above. Likewise if they work 23 minutes they would be paid at 30 minutes overtime or if they work 22 minutes they would be paid for 15 minutes at time and a half. This procedure will also be followed if an employee reports to work late. The employee shall be marked as tardy using the same 7/8 Minute rule, for purposes of calculating payroll, however, an employee will be deemed "tardy" if they appear for work anytime after the designated starting time. Any employee that is tardy is subject to appropriate discipline. Section 3. The clock designated by an employee's supervisor to record arrival and departure shall be the clock against which timely reporting for work is measured. If at any time, that clock is deemed inoperative, the immediate supervisor will inform employees of the clock which will be utilized for tracking time on duty. 26 City of Boynton Beach NCF&O/SEIU L/OCJkL 1J27 5/27/04 ARTICLE 17 COMPENSATORY TIME Section 1. Employees may accrue and use compensatory time in lieu of overtime pay when the employee works in excess of forty hours in a workweek. Section 2. Compensatory time will be accrued and used at the same rate the overtime rate would be paid. The compensatory time must be used within sixty (60) calendar days of the pay period in which it was earned or be paid at that time. Section 3. The City reserves the right to convert any accrued compensatory time hours to pay at its sole discretion, once the sixty (60) days has passed. Section 4. It is solely the employee's choice as to whether he/she wishes to be paid for their overtime at one and one-half times their regular hourly rate of pay, or take compensatory time. The City will not encourage employees to take one form of compensation over the other. Section 5. This article, effective as of the ratification date by the Commission, is not retroactive. 27 City of Boynton Beach NCF&O/SEIU LOCAL 1227 5/27/04 ARTICLE 18 WAGES Section 1. a) Effective October 1, 2003, bargaining unit employees shall receive a 3% market adjustment added to base wage. b) Effective April 1, 2004 bargaining unit employees shall receive the following Performance Evaluation wage increases added to base wage: i. Performance evaluation score is 1.0 to 1.9 (needs improvement) the percentage wage increase shall be equivalent to the score. ii. Performance evaluation score is 2.0 (meets standards) to 3.0(exceeds standards) the percentage wage increase shall be 3%. iii. Performance evaluation score is above 3.0 to 4.0 (exceeds standards) the percentage wage increase shall be equivalent to the score. iv. Performance evaluation score is below 1.0 (needs improvement) No wage increase will be applied. c) An employee that is at the maximum salary range shall receive the market adjustment increase and the Performance Evaluation wage increase, if applicable, added to base. As a result of this wage adjustment employees who were at the maximum of the salary range and who will be outside the official pay range will be redlined. These employees will remain redlined until a pay plan study is completed and adjustments made to bring such employees back into the official pay range. Section 2. The April 1 Performance Evaluations and re-evaluations at each sixty (60) day period as outlined below shall be completed in a unbiased and fair manner. Justification for all performance evaluation scores "exceeding standards" or "needs improvement" must have been previously provided to the employees being evaluated. The rater must refrain from the "halo effect" scoring of employees. a) An employee who does not receive "meet standards" score on his/her performance evaluation shall be given a written document with instructions on what is required to achieve a "meet standards" score and shall be re-evaluated in sixty (60) calendar days. b) If the employee receives a "meets standards" score at the end of the sixty (60) day re-evaluation, he/she shall receive the ~vage increase according to Section 1 and 1 ii. or l iii. of this article, effective on April 1, 2004. c) An employee who does not achieve a "meets standards" score at the end of the sixty (60) day re-evaluation period he/she shall be allowed a second sixty (60) day re-evaluation period. If the employee does not receive a "meets standards" score at the end of the second sixty (60) day evaluation period Section 1 i. or 1 iv. of this article shall apply. 28 City of Boynton Beach NCF&O/SEIU LOCAL 1227 5/27/04 If at the end of the second sixty (60) day re-evaluation period the employee achieves a "meets standards" score he/she shall receive the wage increase retroactive to the date of the first sixty (60) day evaluation period in accordance with Section lii. or liii. of this article. Section 3. The City will inform the bargaining unit of any re-classifications of bargaining unit positions prior to the final effective date of the re-classification. Section 4. A Labor Management Committee (LMC) consisting of four (4) bargaining unit representatives (2 blue-collar and 2 xvhite-collar) and four (4) representatives from the City, shall meet no later than thirty (30) days from the date of the ratification of this Agreement. The LMC will work to resolve matters to prevent grievances and will provide input into the continued improvement of the existing Performance Evaluation system to ensure bargaining unit members receive fair and objective evaluations that appropriately reward their performance. 29 City of Boynton Beach NCF&O/SEIU LOCAL 12~27 ~ 5/27/04 ARTICLE 19 PROMOTIONS, RECLASSIFICATIONS, TRANSFERS & DEMOTIONS Promotions and Reclassifications Section 1. When an employee is advanced to a position in a higher classification level, the employee will be placed within the appropriate classification level that will provide a daily rate increase as follows: a. Promotion or re-class from non-exempt to exempt: (+10% of mid point of the new grade or to minimum of grade level whichever is greater). b. Promotion or re-class of one grade: (+5% of mid point of new grade or to minimum of new grade whichever is greater). c. Promotion or re-class of two grades: (+7.5% of mid point of new grade or to minimum of new grade whichever is greater). d. Promotion or re-class of three or more grades: (+ 10% if mid point of new grade or to a minimum of new grade whichever is greater). Should management determine a newly hired employees' credentials warrant receiving an annualized base salary above the entry level into the classification, the new employee may start his/her employment with the City at no more than the mid point above the entry level rate for the position classification. Transfers and Demotions Section 1. Employees may request a lateral transfer to any open position for which they qualify. Management shall make every effort to place the employee requesting the transfer prior to filling the position, however, this provision shall not restrict management's right to select the most qualified individual to fill the position. If the reason for the transfer is due to conflicts with supervisors or co-workers, the transfer shall follow only after mediation through the Human Resource Department. Section 2. When an employee transfers to a lower position or accepts a voluntary demotion, the employee shall suffer no loss of pay unless the employees' current hourly rate exceeds the maximum of the new, lower salary scale. If the employee's hourly rate exceeds the maximum of the new lower salary scale, the employees' hourly rate shall be reduced only to the maximum rate of the lower scale. 30 City of Boynton Beach NCF&O/SEIU IdOC,~L 1 ~27 5/27/04 Demotions that are punitive in nature shall cause the employee to be placed on the salary scale as follows: a. Demotions from exempt to non-exempt: (-10% of mid point of new grade or to minimum of new grade level whichever is greater) b. Demotion of one grade: (- 5% of mid point of new grade or to minimum of new grade whichever is greater c. Demotion of two grades: (- 7.5% of mid point of new grade or to minimum of new grade whichever is greater) d. Demotion of three or more grades: (-10% of mid point of new grade or to minimum of new grade whichever is greater) 31 City of Boynton Beach NCF&O/SEIU LOCAL 5/27/04 ARTICLE 20 STANDBY & CALL BACK PAY Section 1. STANDBY PAY - In order to provide coverage for services during off- duty hours, it may be necessary to assign and schedule certain bargaining unit employees to standby beeper duty. A standby beeper duty assignment is made by a department director or his/her designee who requires an employee on his/her off-duty time, which may include nights, weekends or holidays, to be available to perform his normal daily job function during off hours, due to an urgent situation. Employees placed on Stand-by shall be assigned a take-home vehicle in compliance with the department's rotation list appropriate for the completion of the task required of the employee should he/she be called back to work. The employee shall receive one hours pay at the overtime rate for each day or portion thereof that they are assigned standby beeper duty. Section 2 CALL BACK PAY - An employee called back to work after having been relieved and having left the assigned work station, or called in before his/her regularly scheduled work time, shall be paid a minimum of two (2) hours pay at the rate of one and one-half (1½) times his/her basic hourly rate of pay when such callback is between the hours of 800 a.m. and 12:00 p.m. (midnight), and shall receive a minimum of three hours at the rate of one and one-half (1½) times his/her basic hourly pay when such callback is between the hours of 12:01 a.m. and 7:59 a.m. Employees shall be paid for the actual hours worked for all hours worked in excess of the two (2) and three (3) hour minimum. Section 3. This article, effective as of the ratification date by the Commission. is not retroactive. 32 City of Boynton Beach NCF&O/SEIU LOCAL 1227 5/27/04 ARTICLE 21 WORKING IN A HIGHER CLASS Section 1. Employees shall be required to perform work in a higher classification only upon written memorandum by their supervisor. Employees who work in a higher classification for twenty (20) continuous work days, shall receive a 5% increase in pay to the first day of the assignment, or the minimum of the higher classification, whichever is greater until returned to their regular classification. Section2. Employees shall be required only upon written memo from their supervisor to perform work in a higher classification for training purposes. In this connection, they shall perform that work without a 5% increase in pay during the first twenty (20) days of continuous work in such higher classification. Should such training in the higher classification continue beyond twenty (20) continuous work days, the employee shall receive a 5% increase in pay or the minimum of the higher classification, whichever is greater, retroactive to the first day of the assignment, until returned to their regular classification. Section 3. This article, effective as of the ratification date by the Commission, is not retroactive. 33 City of Boynton Beach N I ~ 7 5/27/04 ARTICLE 22 EMPLOYEES ASSIGNED TO TRAINING DUTIES Employees who are assigned to train another employee(s) who is/are new to the position(s), shall be assigned in writing and shall receive a 5% increase in pay during the time they are training another employee. Incidental training of co-workers with less experience is expected in all job classifications and is not compensable under this section. This article, effective as of the ratification date by the Commission, is not retroactive. 34 City of Boynton Beach NCF&O/SEIU LOCAL 1 27 5/27/04 ARTICLE 23 EMERGENCY PAY POLICY 1. Whenever the City Manager declares that an emergency condition exists, and the City Manager calls for preparedness actions to take place either before, during or after the emergency, the City Manager may suspend those necessary provisions of the collective bargaining agreement as long as the provisions regarding pay and benefits shall remain in effect. 2. During any declared emergency called by the City Manager, City employees represented by Local 1227 who are sent home from work, and who do not provide a service to the City, shall be credited with eight (8) hours of pay or shift time at their regular straight-time rate of pay, for each work day they remain assigned at home during the emergency. This eight (8) hours of credited pay or shift time shall be counted as time worked for purposes of computing overtime. 3. Employees who are called in to work, and who provide a service to the City during the time of the declared emergency, also shall be credited with eight (8) hours of pay at their regular straight-time rate of pay or shift time for each work day during the declared emergency. This eight (8) hours or shift time of credited pay shall be counted as time worked for purposes of computing overtime. In addition, employees shall receive their regular hourly rate of pay, at the appropriate rate of pay, for all hours actually worked during the emergency. 35 City of Boynton Beach NCF&O/SEIU LO~2AL 1227 5/27/04 ARTICLE 24 CERTIFICATION PAY The City shall pay $500.00 for each certification or license as determined and agreed upon by the employee and the department head. The City shall also pay the actual certification or license fee. A pre-determined list of job related certifications or licenses will be developed through the labor/management committee, to be attached to this Article as an exhibit, and shall be developed by no later than sixty (60) days from ratification of this Agreement. This provision shall not operate to reduce certification incentive pay policies currently being implemented by departments. Bargaining unit members who participate in departmental certification pay programs are not entitled to participate in the program set forth herein. The City shall provide educational and training opportunities for lifeguards during work hours so that the employee may earn and recertify for an EMT certificate. The City shall pay for the course and all course material. Employees who earn EMT certificates shall receive a 5% wage increase upon initially earning the certificate. No other compensation is applicable for this certification. This article, effective as of the ratification date by the Commission, is not retroactive. 36 City of Boynton Beach NCF&O/SEIU LOCAL 1227 5/27/04 ARTICLE 25 SICK LEAVE Section 1. An employee shall notify his/her immediate supervisor or his designee in a manner provided for by management of his/her illness no less than one (1) hour before his/her normal workday begins. This notice procedure shall be followed for each day the employee is unable to work unless prior approval is granted by department management, wherein the employee notifies his/her supervisor of the length of time he/she will be absent. Section 2. Sick leave will be granted upon approval of the department director for the following reasons: A. Employee's health, or up to five (5) days per year for illness of immediate family member the employee's parent, spouse, or child. B. Medical, dental, or optical treatment that is determined in writing by a physician to be necessary and must be performed during working hours. C. Quarantine due to exposure to contagious disease. D. In connection with Workers' Compensation and which shall remain status quo during the term of this Agreement. E. Sick leave pay may be paid (in cash) to an employee for extraordinary circumstances of hardship and may be granted if the employee has the amount of sick leave credited to his/her sick leave account. The sick leave cash out may not exceed ninety (90) hours and the employee must retain a minimum of eighty (80) sick hours on the books. Denial of sick leave pay will be made in writing stating the reasons for the denial. Employees may take advantage of this provision once during each year of this agreement. Section 3. Employees shall accrue sick leave at a rate of 96 hours per 12-month period or eight (8) hours per month. No employee shall be entitled to use sick leave in excess of the amount of such leave accumulated. Employees may accumulate a maximum of 1040 sick leave hours. All unused hours shall be paid out at 50% upon termination of employment with the City. Any accrued but unused sick leave hours beyond 1040 shall be transferred into the employee's Personal Leave Bank at one for one. Personal Leave hours may be utilize as necessary. Any unused Personal Leave hours may be cashed in upon termination with the City on a two (2) to (1) basis, or the full value of the hours may_be used to purchase health care benefits should the termination be due to normal or disability retirement. Section 4. An employee making a departmental transfer will retain any unused sick leave. Section 5. Employees who have attained non-probationary status and are regular employees will have payment made for unused sick leave for up to 1040 hours, at the rate 37 City of Boynton Beach NCF&O/SEIU LOCAL 1227 5/27/04 of 50% of the total number of hours accumulated, but not taken upon termination in good standing, retirement or death. (Retirement shall include normal retirement, disability retirement, or early retirement as defined in the appropriate Pension Plan). Section 6. Employees may request, and shall be covered by the provisions of the Family Medical Leave Act. Section 7. Sick Leave Donations (1) It shall be the policy of the City to permit an employee who has a minimum of 120 hours sick leave the opportunity of donating accrued sick leave time to a designated employee whenever extraordinary circumstances require the designated employee to be absent from work for a lengthy period of time (workers compensation leave time excluded), and when the employee has exhausted all accrued sick and vacation leave down to 40 hours. Extraordinary circumstances shall be defined as lengthy hospitalization, critical illness or injury. (2) When there appears to be a need to share sick leave bargaining unit members who are willing to contribute sick leave hours, must confirm through the Finance Department that the hours are available, and shall submit a Personnel Action form to the Personnel Office Human Resources Department for proper charge to their sick leave records. Section 8. Restricted Sick Leave (1) No member shall be placed on restricted sick leave unless a pattem of sick leave abuse is present and the employee has had a counseling session with his/her Director or Department Head. During that counseling session, the employee will be informed of the reasons being considered for restricted sick leave. At that time, the employee will be given an opportunity to explain the sick leave taken. (2) When an employee is placed on restricted sick leave, the employee will be notified in writing of that fact. An employee placed on restricted sick leave shall be re- evaluated in three months. If no violation is noted the employee shall be removed from restricted sick leave status. If not re-evaluated within five (5) working days after the three (3) month period, the employee will be automatically removed from restricted sick leave. (3) During the initial ninety (90) day restrictive sick leave period, if there is a violation of the restricted sick leave policy, progressive discipline shall be applied and the employee will be placed on another ninety (90) day period of restrictive sick leave beginning on the date of the policy violation. For each successive restricted sick leave violation, the employee shall be placed on restricted sick leave for an additional ninety (90) period and shall be subject to further progressive discipline up to and including termination. Section 9. This article, effective as of the ratification date by the Commission, is not retroactive. ,38 & City of Boynton Beach NCF&O/SEIU L~)CAI~ 122~7 5/27/04 ARTICLE 26 WORKERS COMPENSATION Whenever an employee is totally disabled from duty for a period of no more than seven (7) calendar days because of an injury determined to be compensated under the provisions of the Worker's Compensation Act, he/she shall be entitled to full regular pay. If the period of disability is greater than 7 calendar days, the employee shall receive a sum of money up to an amount equal to the difference between his/her worker's compensation check and his/her normal net pay. In no case will the salary supplement be extended beyond three (3) months from the date of injury. At the end of the three months, or sooner, the City Manager, Department Head, and Human Resources Director (or their designee's) will review the case for a determination of pay status. If continuation of the salary supplement is granted, it can be at any rate determined equitable by the reviewing committee, but not to exceed an amount equal to the net take home pay. In no case will the salary supplement be extended beyond six (6) months from the date of injury. After six (6) months from date of injury, the injured employee may elect to receive accrued sick leave and after exhausted, vacation leave, in accordance with his/her regular hourly wage, to the extent that his/her combined sick leave or vacation leave, City supplement, (if less than the full amount authorized) and worker's workers' compensation benefits equal his/her regular weekly net take home salary. The employee must contact the payroll clerk to qualify for the combined check. It is incumbent on the employee to make application for disability in accordance with their pension plan and the insurance plan they are covered under. Failure to do this automatically cancels the additional City benefits. If the appropriate disability plan denies the claim, the additional City supplement benefit will be canceled. If the appropriate disability plan accepts the claim, the salary supplement will be canceled after issuance of the disability pension check or at the end of the time duration outlined above, whichever comes first. If an employee who is receiving Worker's workers' compensation payment along with City supplement, sick or vacation leave, is found to be working or receiving compensation for his/her services elsewhere, during this period, he/she will be obligated to reimburse the City for all medical expenses and supplement, sick or vacation pay taken and shall be subject to dismissal. 39 City of Boynton Beach NCF&O/SEIU LC[CAL' 1 5/27/04 ARTICLE 27 LIGHT DUTY Section 1. Employees may return to work with a light duty certificate and/or letter from their physician, provided there is work available within the city that would comply with the doctor's requirements. If there is no such work available the employee will remain on sick leave status until he/she has a full release to return to work from his/her doctor. 40 City of Boynton Beach NCF&O/SEIU IdOCAL 1227 5/27/04 ARTICLE 28 VACATION Each full time employee shall earn vacation leave as follows: Years of Service Vacation Vacation Days Hours 1 year 10 80 2-3 years 15 120 4 years 16 128 5 years 17 136 6 years 18 144 7 years 19 152 8 years 20 160 9 years 21 168 10-15 years 22 176 16-20 years 24 192 21 years 25 200 Vacation leave may be taken as earned subject to the approval of the Department Head who shall schedule vacations so as to meet the operating requirements of the Department. Employees may accrue vacation leave to a maximum of the leave earned in the most recent two employment years. Vacation leave accrued during October 1 - September 30 may exceed this stated policy, however, any amount over the allowable maximum that has not been used during that ( October 1 - September 30 ) period will be forfeited as of September 30. However, employees who have been denied vacation shall have the excess vacation hours paid to them, at their regular straight time rate of pay in the last pay check of the fiscal year. Vacation requests must be approved or denied within thirty (30) days of the date of the request. Employees may cash in up to ninety (90) hours of vacation for emergencies or extraordinary cases of hardship if the employee has the time accrued in his/her account provided, however, the combined cash out of sick and vacation in any one contract year shall not exceed ninety (90) hours. The employee may take advantage of this right once during the term of this Agreement. In order to take advantage of this provision, the employee must maintain a minimum forty (40) hours in the annual leave bank. This article, effective as of the ratification date by the Commission, is not retroactive. 41 City of Boynton Beach NCF&O/SEIU LOCAL 1227 5/27/04 ARTICLE 29 BONUS DAYS AND BONUS INCREASES BONUS DAYS: Section 1. The intent of this Article is to establish a wellness program designed to minimize time lost on the job and to help reduce the City's overall health insurance expenses. The City recognizes that employees occasionally suffer from injuries or illness necessitating the use of paid sick leave time off. However, this program provides incentive to reward those employees who use sick time responsibly. Section 2. All full time City employees covered by this policy are eligible to receive a bonus day for continuous attendance at work at the completion of each calendar quarter that the employee has not used sick time during the previous quarter, nor has been absent from work or on leave other than those paid leave categories recognized in this document. Section 3. Bonus days shall be counted as vacation leave and subject to the provision set forth for use of vacation. BONUS INCREASES: In addition to any other monetary benefit, the City Manager is authorized to approve a bonus of $500.00 when such a bonus justified, in writing, on the prescribed forms by the Department Head. This bonus will not affect the employees pay grade and step. Funds for the bonus will be budgeted as a separate allowance and administered under the direct control of the City Manager. Employees are not automatically entitled to bonus is a system where top performance can be recognized by the immediate supervisor and prompt rewards can be made at the discretion of the supervisor provided the department head concurs. This top performance must be substantiated by the supervisor and the Department Head using the prescribed forms furnished by the City Manager. 42 City of Boynton Beach NCF&O/SEIU LOCAL 1227 5/27/04 ARTICLE 30 HOLIDAYS Section 1. The following holidays shall be observed for employees in the bargaining unit: New Year's Day Martin Luther King, Jr. Day President's Day Memorial Day Independence Day Labor Day Veteran's Day Thanksgiving Day Day after Thanksgiving Christmas Eve Christmas Day In addition, the employee may take his or her birthday with notice to their supervisor. Birthdays that fall on a weekend may be taken on Friday or Monday without prior notice. If taken the birthday will be charged as a vacation day. Holidays are not cumulative or interchangeable. Section 2. For each observed holiday, a full-time employee shall be entitled to eight (8) hours of pay at the employee's regular rate of pay, except where employees are normally scheduled to work a ten (10) hour day. In that case, they shall receive ten (10) hours of pay. In all events, where the employee is scheduled off for the holiday, the employee shall be paid straight time for not working that holiday. In the event that an employee is scheduled on during a holiday, the employee shall be paid their regular rate of pay for working the holiday (time and one-half) and shall be paid straight time for the holiday. Hourly rate employees must work their regular work days immediately before and after the holiday in order to receive pay for the holiday or be in an authorized with pay status immediately before and after the holiday. Section 3. A full-time employee required to work and who actually works on an observed holiday or on the actual calendar day the holiday but not both, shall receive time and one-half (1 1/2) their regular rate of pay for all hours worked in addition to that payment provided in Section 2. Section4. Employees on vacation, annual military leave, jury duty, sick leave, funeral leave, and other absences from duty, but on active pay status on the day the holiday is observed must use the holiday on the same day that it is earned. Holidays that occur during vacation leave shall not be charged against such vacation leave. Section 5. Holidays falling on a Saturday shall be observed the preceding Friday. Holidays falling on Sunday shall be observed the following Monday. 43 City of Boynton Beach NCF&O/SEIU LOCAL 1~227 5/27/04 ARTICLE 31 FUNERAL LEAVE Section 1. Bargaining unit employees shall be granted time off with pay to arrange and/or attend funeral services in the event of death(s) in the immediate family as defined in Section 2 of this Article. Proof of death will be required. Such time off will not exceed five (5) working days for out of state and three (3) consecutive working days for in state. At the employee's option, five (5) working days out of state funeral leave may be taken in two (2) segments of not less than two (2) days each, provided that all five (5) days are taken within a sixty (60) day period, and documentation establishing out of state travel related to the death is provided to the Human Resources Director. Section 2. For purposes of this Article, the employee's immediate family is defined as a permanent employee's husband, wife, son, daughter, grandchild, son-in-law, daughter- in-law, father, mother, father-in-law, mother-in-law, brother, sister, grandparents, foster parents, foster child, step-mother, or step-father or step-child. Section 3. Funeral leave shall not be charged to vacation, compensatory time, or sick leave and may not be used to trigger an overtime payment in any work period unless the employee has worked in excess of 40 hours without the funeral leave computation. Section 4. The City Manager may grant additional leave under this Section, which shall be debited against the employees annual, or sick leave time or may be granted as leave without pay. 44 City of Boynton Beach NCF&O/SEIU LOCAL 1227 5/27/04 ARTICLE 32 MILITARY LEAVE Section 1. All employees in the City service who are members of military reserve units and who must attend annual training sessions are entitled to leave of absence with full pay. The City of Boynton Beach pursuant to Florida Statute 115.07 - Officers and Employees Leaves of Absence for Reserve or Guard Training, will grant up to seventeen (17) calendar days with pay each year in order that such employees may fulfill their military obligations. Section 2. Full-time permanent employees in the City service who are called to perform military service will be granted a leave of absence without pay for such service in accordance with the provisions of Public Law 93-508, Section 2021 - Right of Re- Employment of Inducted Persons; Section 2024 - Right of Persons Who Enlist or are called to Active Duty/Reserves. Section 3. The City agrees to provide bargaining unit members those benefits included in the APM Policy No. 06.06.06. 45 City of Boynton Beach NCF&O/SEIILI LOEAL 1227 5/27/04 ARTICLE 33 LEAVE OF ABSENCE Section 1. A regular employee may be granted leave of absence without pay for a period not to exceed one (1) year for sickness, disability or other good and sufficient reasons that are considered to be in the best interest of the City. Such leave shall require the prior approval of the Department Head, Human Resources Director and the City Manager. Employees that are on approved leave of absence without pay will be responsible for paying all of their benefits, i.e. insurance, etc. Section 2. Except under unusual circumstances, voluntary separation from the City service in order to accept employment not in the City service shall be considered as insufficient reason for approval of a request for leave of absence without pay. If for any other reason, leave of absence without pay is given, such leave of absence may subsequently be withdrawn and the employee recalled to service. All employees on leave of absence without pay are subject to applicable provisions of these rules. Section 3. The City shall comply xvith the Family and Medical Leave Act when granting a leave of absence under this Article. 46 City of Boynton Beach NCF&O/SEIU LOCAL 1227 5/27/04 ARTICLE 34 UNAUTHORIZED ABSENCE Section 1. A bargaining Unit Member who is absent from work without authorized leave for a period of more than three days shall be deemed to have abandoned his or her job and shall be separated from employment with the City. Separation of this type shall not be considered a disciplinary separation. Section 2. However, a bargaining Unit Member who is absent from work without authorized leave for a period of not less than three (3) days or more th,an thirty (30) days, but who was physically unable to notify his/her employer or have another person notify his/her employer, shall not be deemed to have abandoned his or her job and shall not be separated from employment with the City. Under these circumstances, the director of Human Resources must be provided with details of the absence and he or she must determine if just cause exists. 47 City of Boynton Beach' NfCF&O/SEIU i~OC~L 1227 5/27/04 ARTICLE 35 JURY DUTY Section 1. An employee who is legally summoned to serve on a jury or as a subpoenaed witness in a case relevant to the City shall be permitted absence with pay for the time required from such duty. However, such paid time will not be used in the computation of any overtime for the pay period that the leave falls in unless the employee works in excess of 40 hours in the pay period without the calculation of the jury du~ time. Section 2. If an employee is called for jury duty he/she shall promptly notify his/her immediate supervisor within five (5) days of receipt of the summons. Section 3. In the event a holiday shall occur during the period of the employee jury duty, he/she shall receive pay for such holiday at straight time. Section 4. The employee must provide the department director with proof of jury duty service, before compensation is approved. Section 5. Payment for jury duty will be made as follows: A. JURY DUTY/WITNESS FEES- all pay granted under this section must be approved by the City Manager. Leave with pay may be authorized in order that regular employees may' serve required jury duty or a subpoena issued by a court of law to appear as a witness on cases relevant to the City, provided that such leave is reported in advance to the Human Resources Director. In order for the employee to receive their regular pay for such leave the employee must deposit the money, which he/she receives for jury duty or as a witness with the City Finance Department for those days that coincide with his/her work schedule. Employees can keep only travel expense money. Employees subpoenaed as witnesses in cases unrelated to City business may take vacation leave in order to receive pay. 48 City of Boynton Beach NCF&O/SEIU LOCAL 1227 5/27/04 ARTICLE 36 SENIORITY & LAYOFF & RECALL For the purpose of this Contract, "seniority" shall be defined as the employee's length of continuous service with the City of Boynton Beach. The City and the Union recognize the value of an experienced work force and agree that an employee's seniority shall be considered, along with the needs of the City, when affecting decisions on vacations, promotions and shifts. Employees shall lose their seniority for the following reasons: a. Termination b. Retirement c. Resignation d. Layoff exceeding the period of recall e. Unexcused absences for three (3) or more days f. Failure to report to the human resources office intention of retuming to work within five (5) days of receipt of recall as verified by certified mail. g. Failure to report from military leave within the time prescribed Layoff and recall of employees shall be handled in the following manner_: a. The City Manager may lay-off any employees in the bargaining unit whenever such action is made necessary because of shortage of work or funds, the abolition of a position or changes in the work force. However, no regular employee shall be laid off while there are employees with less seniority or temporary or part time or provisional or probationary employees in the same classification serving in the department where the lay-off occurs. b. Whenever a layoff of one or more employees becomes necessary, the City Manager shall notify the Union at least two weeks in advance of the intended action and the reasons therefore. c. Layoffs will be made in reverse order of seniority within the department. Senior laid-off employees of the department shall be able to displace (bump) junior employees who are in any equivalent or lower classification for which the bumping employee is eligible for or for which he qualifies by meeting the requirements as set forth in the job description. 49 City of Boynton Beach NCF&O/SEIU LOCAL 1227 5/27/04 d. Laid-off employees also shall have the right to accept the lay-off. In this connection, the laid-off employee shall have his name placed at the top of the eligibility list for any position which becomes open, and for which the employee is qualified. The employee may pass or accept placement into any such open position for a period of one year. e. Employees shall have recall rights for a period of one year from the date the lay-off took affect. Upon recall, employees shall have all seniority and benefits restored with the exception of any benefits that were cashed in during lay-off period. f. Employees may also choose to accept the lay-off at the time of the initial lay-off and receive a severance package of nine weeks wages. In this connection, the employee may not reapply to a position within the City for one year from the date the lay-off took affect and shall not be placed on the recall list. g. It shall be incumbent on the laid-off employee to ensure the City has information pertaining to his most recent address for the purpose of recall. h. Employees shall be recalled in the inverse order of the layoff. The City shall recall employees via a wTitten document using the US Mail service. Recall letters shall be sent certified, with a return receipt requested. Employee shall have ten (10) business days to respond to the recall letter. A laid-off employee who is temporarily unable to return to work due to medical reasons shall receive an extension of recall rights not to exceed four (4) months. 50 o~Boynton Beach NCF&O/SEIU LOCAL 1227 City 5/27/04 ARTICLE 37 JOB POSTING AND BIDDING POLICY Job vacancies may occur which require recruitment efforts in order to flit a vacancy. This policy establishes that posting of job vacancies are required to ensure that equal employment opportunity recruitments are consistently attained for all regular status positions. BASIC REQUIREMENTS 1. No job shall be filled until the position has been posted in-house for 5 days and for a total period no less than ten (10) calendar days. 2. Job postings shall be on official bulletin boards, designated by the Human Resources Department. 3. Hiring procedures, such as form of application, background check, interviews, and examination, shall be established by the Human Resources Department and may be amended from time to time as appropriate. Copies of current hiring procedures shall be made available for inspection in the Human Resources Department. 4. The City shall make every effort to fill open bargaining unit positions within sixty (60) days of the position becoming vacant, except in the last quarter of the fiscal year. APPLICATION PROCEDURE 1. When a job vacancy occurs for any position, the Department Director shall submit an Employee Requisition Form to the Human Resources Department. The submission of the Employee Requisition Form begins the recruitment process. Any particular emphasis desired of duties for that job must be indicated on the Employee Requisition Form. 2. Upon receipt of the Employee Requisition Form, Human Resources will prepare and distribute a notice of the position vacancy called a "Job Opportunity". Job Opportunities shall be dated and posted for a minimum of ten (10) calendar days. 3. Unless otherwise indicated by Human Resources, job postings will be without an established Closing Date. 4. Job Opportunities shall contain information such as position title, salary range, closing date (if indicated), and minimum requirements inclusive of education and experience, among other things. 5. Advertising of Job Opportunities will be made available to current City employees by posting or publication and to the general public and will be coordinated by the Human Resources Department at the same time. 6. If a Closing Date has been established and no applicant is recommended for employment from the pool of applicants who applied prior to a Closing Sate, 51 City of Boynton Beach NCF&O/SEIU LOCAL 1227 5/27/04 the posting procedure may be commenced again at the discretion of the Department Head with the approval of the Human Resources Director. 7. Temporary or seasonal positions do not require job postings due to the nature of the employment relationships which is intended to be of a temporary or seasonal duration, and which has no benefits attached. 52 City of Boynton Beach NCF&O/SE'IU LbCAL 1 ~/27 5/27/04 ARTICLE 38 SAFETY AND HEALTH Section 1. Those employees of the Beach Patrol who are assigned lifeguard duties will be provided masks or goggles, sunscreen lotion, bathing suits, and winter jackets for safety purposes. In addition employees shall receive an allowance for the purchase of sunglasses of $120.00 per calendar year. Any portion of the annual sunglasses allowance not utilized by the employee will be paid to the employee during the last paycheck of the fiscal year. Mechanics will be provided two sets of overalls per year for safety purposes. The City shall make available immunization shots for tetanus, hepatitis and diphtheria for all members of the bargaining unit as requested on a voluntary basis. Section 2. During the term of this agreement, employees who are designated by the Safety Committee will receive a shoe stipend each year for safety shoe/boots, as follows: 10-1-03-04 $175.00 The City/Safety Committee will be responsible for deciding which positions require the wearing of safety shoes based on OSHA standards and recommendations. Management shall determine the type and quality of such shoes. Employees who fail to wear proper shoes/boots to work are subject to disciplinary action. Employees may utilize the shoe allowance to purchase as many pairs of shoes that they believe they will require in a year. Employees may purchase the shoes all at once or they may purchase their shoes one pair at a time. The employee must present a receipt to his/her supervisor to be reimbursed for the shoes up to the total amount of the shoe allowance provided by the City each year. Any portion of the annual allowance not utilized by the employee will be paid to the employee during the last paycheck of the fiscal year. Employees in Sanitation who provide Re-cycle, Rear Loader and Vegetation services, and Water Utilities employees who are Meter Readers, Water Plant Mechanics and Operators may require more shoes each year than the allowance will cover. In this event, the employee must present the worn shoes to his supervisor to receive approval prior to the City purchasing the employee an additional pair of shoes. Payments provided for replacement items under this contract are provided as a reimbursement and not as a flat payment. Section 3. This article, effective as of the ratification date by the Commission, is not retroactive. 53 of Boynton 5 ~/~ CiY~ ~BB3a2'ch~'0~ CF~&O/SEIU!OCAL' 1227 5~27/04 ARTICLE 39 TOOL REPLACEMENT Section 1. Except in the case of negligence or misuse all employees requested to furnish tools for their job shall receive replacement tools for tools broken in performance of the City's work provided they furnish the City with a list of their personal tools approved by their department head. Section 2. Employees who are assigned City provided tools, materials and items of value to perform their job, and who lose those tools, materials and items of value, shall be responsible for replacing those lost tools, materials and items of value. Tools stolen from an assigned City owned vehicle or City property shall be replaced by the City, if the employee was not negligent in the loss. In the event that the employee was negligent, the employee shall be responsible for the replacement of the stolen tools. Section 3. Fleet and Golf Course Mechanics shall receive an allowance of $750.00 annually to purchase new tools that are required for the employee to complete his assigned task. The City shall continue to purchase all required specialty tools and replace lost, stolen or broken tools at fair market value. Payments provided for replacement items under this contract are provided as a reimbursement and not as a flat payment. Section 4. This article, effective as of the ratification date by the Commission, is not retroactive. 54 City of Boynton Beach NC~F&O/SEIU LOCAL 1'227 5/27/04 ARTICLE 40 UNIFORMS The City will issue a newly-hired employee the following properly fitted standard industrial quality uniforms thirty (30) days after starting work: 5 Green short-sleeve or long-sleeve work shirts 5 Green work pants 5 Tee Shirts 1 Jacket (Bi-annually) Hats as necessary 5 White Polo Shirts (Bus Drivers Only) Employees have been furnished a uniform and must wear their uniform to work. Bargaining unit members are being given a sufficient number of uniforms to make a neat, clean appearance at work every day. Bargaining unit members will not be allowed to start work each day unless they are in full uniform. Employees must purchase additional uniforms if necessary to comply with this Section unless the uniform is replaced pursuant to Section 6 of this Article. Bargaining unit members agree to maintain the uniforms and to hem the pant leg(s) properly. (There will be no cutting or ripping of raw, unfinished edges, rolling up, stapling or scotch taping.) The City Manager, in his/her sole discretion, may permit employees in certain classifications to wear shorts. When worn, shorts must be neatly tailored and hemmed without frayed edges or cuts, and must fall within four (4") inches of the kneecap. During the term of this agreement and thereafter, the City Manager in his/her sole discretion may change the decision made under this Section and the Union agrees to waive any bargaining over such changes. Bargaining unit members will be entitled to a reissue of properly fitted standard industrial quality uniforms. Reissue of uniforms on an annual basis consists of 5 work pants and five work shirts, with an option of five T-shirts for a total of 10 shirts. (This option is determined by the employee's needs.) Uniforms destroyed or damaged while being worn on the job will be replaced provided a memo outlining the cause of the damage is provided. All issues being replaced must be turned in for the new issue and recorded. City uniforms are for City job use only. Uniforms shall not to be worn on outside jobs, be given to non-city employees, or worn while off duty (break periods excepted), except while the employee is actually traveling to and from work. Uniforms may be worn while 55 City of Boynton Beach NCF&O/SEI0 LO~CAI~ 1227 5/27/O4 traveling to and from work, provided the employee does not stop in transit to engage in personal business or activities. Bargaining unit employees shall not purchase or consume alcoholic beverages while wearing their uniform. During the term of the Agreement, should the City provide a uniform cleaning service to bargaining unit members, a committee may determine to change the color of the uniforms to the color "blue". Employees may opt out of utilizing the uniform cleaning service if they can provide documentation from a physician indicating a medical condition that requires the use of other cleaning process. 56 City of Boynton Beach NCF&O/SEIU 5/27/04 ARTICLE 41 INSURANCE The City shall pay the total medical, hospitalization, and dental insurance premium for all regular employees. The employees will pay the full cost of medical, hospitalization and dental insurance for their dependents. Existing or comparable coverage shall remain in effect for the duration of this Agreement; however in the event the City can provide for alternative equivalent benefits options for employees then the health insurance coverage for the employee and their dependents may be amended from time to time. In this connection, should the employees' cost to provide dependent coverage for their dependents increase more than 15 % during any fiscal year, the City agrees to open this Article for the purpose of impact bargaining. The selection of insurance coverage shall be made on an annual basis by the City. To that end, the City will form an insurance committee to be comprised of an equal number of non-represented members who are appointed by the City Manager and two members from each of the city's bargaining units. Bargaining unit representatives shall be designated by the Union. The final decision regarding selection of coverage is reserved to the City, but the City shall strongly consider input and recommendations from the insurance committee. 57 City t~f B-oynton Beach NC15&O/~EIL~LO~g~L 1227 5/27/04 ARTICLE 42 PERSONNEL FILES The personnel files for all City employees are maintained by the City's Human Resources Department. If a request is made to review an employee's personnel file by someone other than the Department Director, the Human Resources Department Staff or the City Manager's office, a notice will be sent to the employee notifying him/her of such a request. Consistent with State law, the City agrees that upon request, a member shall have the right to inspect his/her own personnel records and shall have the right to make duplicate copies of his/her records at no expense. The City will purge personnel files in accordance with appropriate Florida State Statutes. The employee file maintained by the Human Resources Department shall be the official file for each employee. Prior disciplinary actions, beyond a two year time frame, recorded on the employee personnel file that are not pertinent to the particular action being considered, shall not be referred to in any current disciplinary action. 58 City oI~ Boynton Beach NCF~/SEIU LOCAL 1"227 5~27/04 ARTICLE 43 TUITION REIMBURSEMENT The City agrees to provide bargaining unit members those benefits included in the APM Policy No. 04.01.03 included as an exhibit to this article. City o'f Boynton Beach NCF&b/SEIU ~,C~C~AL/122~ 5/27/04 ARTICLE 44 GENERAL PROVISIONS Section 1. The employee shall be allowed to place wxitten responses in their personnel file and/or departmental 5vork file when those responses relate to material placed into the personnel file which has been prepared by the supervisors (i.e. reprimands, written comments). 60 City of Boynton Beach NCF&O/SEIIff LOCAL 1227 5/27/04 ARTICLE 45 DUES DEDUCTION Section 1. Employees covered by this Agreement may on the prescribed form, authorize payroll deduction for the purpose of paying LOCAL 1227 dues and/or a uniform COPE deduction. Employees shall receive copies of the form from either the City Finance Department or their Union office. Section 2. The Union will initially notify the City as to the amount of dues and/or COPE deduction. Such notification will be certified to the City in writing over the signature of an authorized officer of the Union. Changes in Union membership dues or COPE deductions will be similarly certified to the City and shall be done at least one (1) month in advance of the effective date of such change. To revoke the payment of Union dues and/or COPE deductions, the employee shall go to the Union office and Union staff shall prepare and mail notice of such change to the City's Finance Department. Section 3. Dues and COPE deductions shall be deducted each pay period and remitted monthly and the funds shall be remitted along with a list of employees contributing to the Treasurer of LOCAL 1227 within fifteen (15) days after the end of the month. The check for COPE deductions will be submitted to the Union separately from the check for dues on a quarterly basis beginning April 2004. The Union will indemnify, defend and hold the City harmless against any claims made or suits instituted against the City on account of payroll deduction of Union dues and/or COPE deductions. Section 4. For the purpose of putting this article into effect, the Union will furnish forms for such individual authorization reading as follows: 61 City of Boynton Beach NCF&O/SEIU LOCAL 7 5/27/04 NOTICE TO CITY AND UNION AUTHORIZATION FOR DEDUCTION/DISCONTINUATION OF UNION DUES I hereby authorize my City to deduct from my salary each pay period my Union dues, as certified to the City by the Union, and to transmit this amount to the Treasurer of the Union. I herby authorize my employer to deduct from my salary each pay period my COPE deduction of $1.00 per week, as certified to the employer by the Union, and to transmit this amount to the Treasurer of the Union. I understand that these authorizations are voluntary and I may revoke them at any time by giving my employer and the Union thirty (30) days advance notice in writing. Date Signature Job Title Name Printed Social Security No. 62 City of Boynton Beach NCF&O/SEIU I~OCAL 1227 5/27/04 ARTICLE 46 PENSION Section 1. Employees will continue to participate in the employees pension plan of the City of Boynton Beach Ordinance No. 88-43, as amended. A copy of the plan's annual actuarial valuation report will be provided to the Union, in its entirety, upon request from the Union. 63 City of Boynton Beach NCF&O/SEIU EOCAL 1227 5/27/04 ARTICLE 47 SUBSTANCE ABUSE Section 1. The NCFO, LOCAL 1227 recognizes and supports the City's Drag Free Workplace Policy as adopted in Ordnance No. 92-51 and will work with the City to enforce the provisions of the policy. It is recognized by the Union that the City's Drag Free Workplace Policy applies to all members of this bargaining unit. 64 City of Boynton Beach NCF&O/SEIIJ LOCAL 1227 5/27/O4 ARTICLE 48 PROBATIONARY PERIOD Section 1. All newly hired or rehired employees shall be subject to a probationary period of-one (1) year. Section 2. All promoted employees shall be subject to a probationary period of six (6) months. 65 City of Boynton Beach NCF&O/SEIU LOCAL 1227 5/27/04 ARTICLE 49 LONGEVITY BENEFIT Section 1. Employees eligible are those employees who: a. Have been employed with the City on a regular full-time basis and continuous basis for a minimum of five (5) years b. Have an overall "Meets Standards: or above rating on the previous employee evaluation Section 2. Employees will receive a cash Lump Sum Bonus as follows: On the employees fifth (5th) anniversary a lump sum payment of $500.00; On the employees tenth (10th) anniversary a lump sum bonus payment of $1000.00; On the employees fifteenth (15th) anniversary a lump sum bonus payment of $1,500.00; On the employees twentieth (20th) anniversary a lump sum bonus payment of $2,000.00. On the employees twenty-fifth (25th) anniversary a lump sum bonus payment of $2,500.00. On the employees thirtieth (30th) anniversary a lump sum bonus payment of $3.000.00. On the employees thirty-fifth (35th) anniversary a lump sum bonus payment of $3,500.00. On the employees fortieth (40th) anniversary a lump sum bonus payment of $4,000.00. Section 3. Any pay earned for Longevity Benefits is subject to required Federal deductions. Section 4. Employees who terminate from the City employment prior to their hire anniversary date will not be entitled to benefits. Section 5. This article, effective as of the ratification date by the Commission, is not retroactive. 66 City of Boynton Beach NCF&O/SEIU LOCAL 1227 5/27/04 ARTICLE 50 MANAGEMENT RIGHTS Section 1. Except and only to the extent that specific provisions of this Agreement expressly provide otherwise, it is hereby mutually agreed that the City has and will continue to retain, the right to organize, plan, direct, control, operate and manage its affairs and those of its employees in ~vhatever manner it deems appropriate in each and every respect. The parties to this Agreement hereby agree that, in construing this section, the legal principle that "the expression of one item is the exclusion of another" shall not apply. Rather, full effect shall be given to the intention of the parties that management shall retain all constitutional, ordinance, inherent, common law, or other rights except to the extent specific provisions of this Agreement expressly provide otherwise. The Union recognizes the prerogatives of the City to operate and manage its affairs in all respects; and the powers and authority, which the City has not abridged, delegated or modified by this Agreement, are retained by the City. The rights reserved to the sole discretion of the City shall include, but not be limited to, the right: A. To determine the purpose and mission of the City and all its employees, to determine the amount of budget to be adopted, and to exercise control and discretion over the organization and operation of the City in all respects including the right to determine whether goods or services are to be made, provided or purchased and to decide the design and maintenance of the departments, facilities, supplies and equipment. B. To maintain economic stability. C. To change or eliminate existing methods of operation, equipment, or facilities and to adopt and implement technological changes or improvements including, but not limited to, vehicles, and all other materials or supplies. D. To determine the methods, income and personnel by which such operations are to be conducted including the right to contract and sub- contract existing and future work. E. To select, hire, test, classify, promote, train, assign, retain, evaluate, lay- off, schedule, and determine the qualifications of all employees. F. To suspend, demote, discharge, reprimand, or take other disciplinary action against employees for just cause. G. To determine the organization of City government. 67 City of Boynton Beach NCF&(~/SEIU LOCAL 1227 5/27/O4 H. To determine the purpose and extent of each of its constituents, departments and positions therein. I. To set standards for service to be offered to the public, and standards for the performance of duties of job assignments. J. To manage and direct the work of the employees of the City, including the right to assign work and overtime. K. To establish, determine, implement and maintain effective internal security practices. L. To determine the number, type and grades of positions or employees assigned to an organizational unit, department or project. M. To determine lunch, rest periods, and clean-up times, the starting and quitting time, and the number of hours to be worked. Work schedules will be posted, and will not be altered in the midst of normal pay periods. N. To adopt or enforce cost or general improvement programs. O. In a civil emergency, to use personnel in any lawful manner. Section 2. If, in the sole discretion of the City, it is determined that civil emergency conditions exist, including, but not limited to, riots, civil disorders, hurricane conditions, tornado, national emergencies, or other emergency conditions, the provisions of this Agreement may be suspended by the City during the time of the declared emergency. Section 3. The City has the fight to impose something that is unilateral in nature, and the Union has the fight to object to that decision. If the City does impose something on a unilateral basis and the Union after notice fails to object to that decision within six (6) months, it shall be considered finally imposed. 68 City of Boynton Beach NCF&O/SEIU LE)CA~L 1227 5/27/04 ARTICLE 51 SAVINGS CLAUSE Section 1. If any Article or section of this Agreement should be found invalid, unlawful or not enforceable, by reason of any existing or subsequently enacted legislation or by judicial authority, all other articles and sections of this Agreement shall remain in full force and effect for the duration of this Agreement. 69 City of Boynton Beach NCF&O/SEIU KOCAL 1227 5/27/04 ARTICLE 52 MAINTENANCE OF CONDITIONS Except as provided herein, the status quo as it pertains to conditions shall remain in effect for the duration of this Agreement. Changes to rules and regulations which reflect standing policy, past practices, management rights, minor changes, and changes which do not impact on members of this unit may be made by the City upon notification to the Union. There is are no non-salary (wages or allowance) monetary benefits, including those established by past practice, except those expressly set forth or incorporated by reference in this Agreement. 70 City of Boynton Beach NCF&O/SEIU LOCAL 1227 5/27/04 ARTICLE 53 POSTING OF AGREEMENT The City will maimain a copy of this Agreement for inspection in the Human Resource Department. 71 City of Boynton Beach NCF&O/SEIU LOCAL 1227 5/27/04 ARTICLE 54 COLLATERAL DOCUMENTS This Collective Bargaining Agreement does not exist in a void. Provisions of the City's PPM, APM, Departmental Rules, and other policies established by resolution or ordinance (collectively referred to as collateral documents) which have been presented to and agreed to by the Union are applicable to bargaining unit members unless addressed in this Agreement. In the event of a conflict between the terms of this agreement and any other collateral document, the terms of this Agreement shall control. 72 City of B~ynton Beach NCF&O/SEIU L~)CA~L 1227 5/27/04 ARTICLE 55 DURATION Section 1. This Agreement shall become effective on ratification by both parties as prescribed by Chapter 447, Florida Statutes and remain in full force and effect until September 30, 2004. Wage and benefit levels existing on September 30, 2004 shall constitute the status quo during any period of negotiations for a successor agreement. Agreed to this __ day of ,2004 by and between the respective parties through the authorized representatives of the Union and the City. NATIONAL CONFERENCE OF FIREMEN & OILERS, SEIU, AFL-CIO,CLC LOCAL TRUSTEE Witness Sharon Munley Witness CITY OF BOYNTON BEACH MAYOR Witness Jerry Taylor ATTEST CITY CLERK Witness Janet Prainito APPROVED AS TO FORM AND CORRECTNESS CITY ATTORNEY CITY MANAGER James Cherof Kurt Bressner Date ratified by Commission: Date ratified by Union: 73 City of Boynton Beach NCIg&O/SEIU Lt~CAL' 125_7 VI.-CONSENT AGENDA I'TEM C.9 I RESOLUTION 04- 2 3 A RESOLUTION OF THE CITY COMMISSION OF THE 4 CITY OF BOYNTON BEACH, FLORIDA, RATIFYING 5 THE CONTRACT BARGAINING AGREEMENT 6 BETWEEN THE CITY OF BOYNTON BEACH, 7 FLORIDA AND THE NATIONAL CONFERENCE OF 8 FIREMEN & OILERS SEIU, AFL-CIO, CLC, LOCAL 9 1227 (WHITE COLLAR BARGAINING UNIT) FOR THE 10 PERIOD FROM OCTOBER 1, 2003 THROUGH 1~ SEPTEMBER 30, 2004, AND AUTHORIZING AND 12 DIRECTING THE CITY MANAGER AND CITY CLERK 13 TO EXECUTE THE AGREEMENT; AND PROVIDING t4 AN EFFECTIVE DATE. 15 16 SVItEREAS, the City of Boynton Beach and the NATIONAL CONFERENCE 17 DF FIREMEN & OILERS SEIU, AFL-CIO, CLC, LOCAL 1227 (White Collar 18 3argaining Unit) have successfully concluded negotiations for a one year contract; and 19 SVItEREAS, the Agreement was ratified by the Bargaining Unit of the Union; 20 md 21 WIIEREAS, the City Commission of the City of Boynton Beach deems it to be in 22 he best interests of the residents and citizens of the City to ratify the Agreement and 23 :xecute the same; and 24 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION 25 26 tF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 27 28 Section 1. The City Commission of the City of Boynton Beach, Florida does 29 ereby ratify the Agreement between the City of Boynton Beach and the NATIONAL 30 !ONFERENCE OF FIREMEN & OILERS SEIU, AFL-CIO, CLC, LOCAL 1227 (White 31 'ollar Bargaining Unit) for the period of October 1, 2003 through September 30, 2004, 32 nd authorizing and directing the City Manager and City Clerk to execute the Agreement, 33 copy of said agreement being attached hereto as Exhibit "A". 1 Section 2. This Resolution xvill become effective immediately upon passage. 2 PASSED AND ADOPTED this __ day of June 2004. 3 4 CITY OF BOYNTON BEACH, FLORIDA 5 6 7 Mayor 8 9 10 Vice Mayor I1 12 13 Mayor Pro Tern 14 15 16 Commissioner 17 18 19 Commissioner 2o ~_TTEST: 21 22 23 Zity Clerk 24 25 iCorporate Seal) 26 27 :ca~xeso~ts\whit e 2004 Vt.-CONSENT AGENDA ITEM C.9 PROPOSED AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH, FLORIDA AND THE NATIONAL CONFERENCE OF FIREMEN AND OILERS, SEIU, AFL-CIO, CLC LOCAL 1227 WHITE COLLAR BARGAINING UNIT October 1, 2003 - September 30, 2004 05/27/04 TABLE OF CONTENTS Article Page 1 Preamble 5 2 Recognition 6 3 Rights of Employees 7 4 Strikes 8 5 Non-Discrimination 9 6 Representation of the City 10 7 Union Representation 11 8 Collective Bargaining 13 9 Union Time Pool 14 10 Bulletin Boards 15 11 Progressive Discipline 16 12 Grievance Procedure 26 13 Basic Work Week and Overtime. 29 14 Compensatory Time 31 15 Wages 32 16 Transfers and Demotions 34 17 Stand By and Call Back Pay 35 18 Emergency Pay 37 19 Certification Pay 38 2 City Of Boynton Beach NCF&O/SEIU Local 1227 05/27/04 20 Pay for Training 39 21 Working in a Higher Class 40 22 Sick Leave 41 23 Workers Compensation 43 24 Light Duty 44 25 Vacation 45 26 Bonus Days 46 27 Holidays 47 28 Funeral Leave 48 29 Military Leave 49 30 Leave of Absence 50 31 Unauthorized Absence 51 32 Jury Duty 52 33 Seniority, Layoff, Recall 53 34 Job Posting 55 35 Safety and Health 57 36 Insurance 58 37 Personnel Files 59 38 Tuition Reimbursement 60 39 General Provisions 61 40 Dues Deduction 63 3 City Of Boynton Beach NCF&O/SE~U Lfocai 1227 05/27/04 41 Pension 65 42 Substance Abuse 66 43 Probationary Period 67 44 Longevity 68 45 Bonus Increase 69 46 Management Rights 70 47 Labor Management 72 48 Savings Clause 73 49 Maintenance of Conditions 74 50 Posting of Agreement 75 51 Collateral Documents 76 52 Duration 77 4 City Of Boynton Beach NCF&O/SEIU Local 1227 05/27/04 ARTICLE 1 PREAMBLE Section 1. This agreement is entered into by and between the City of Boynton Beach, Florida, hereinafter referred to as the "Employer" or "City", and the National Conference of Firemen and Oilers, SEIU AFL-CIO, LOCAL 1227, hereinafter referred to as the "Union". The general purpose of this Agreement is to set forth terms and conditions of employment and to promote orderly and meaningful labor relations for the mutual benefit of the City of Boynton Beach in its capacity as an employer, the employees, and the citizens of Boynton Beach. Section 2. The parties agree that nothing in this agreement shall prohibit the parties from meeting and discussing any items of mutual interest in accordance with the law. 5 City O'f Boynton Beach NCF&O/SEIU' Locll 1 :~27 05/27/04 ARTICLE 2 RECOGNITION Section 1. The City of Boynton Beach hereby recognizes the National Conference of Firemen and Oilers, SEIU LOCAL 1227 as exclusive representatives for the bargaining unit described below for the purpose of bargaining collectively with the City relative to wages, hours, and terms and conditions of employment of the pubic employees within the bargaining unit Section 2. The bargaining unit is comprised of those positions certified for inclusion by the Public Employees Relations Commission. Section 3. In the event of a conflict between the foregoing list of positions included in the bargaining unit and the unit as recognized by the Public Employees Relations Commission (PERC), the unit recognized by the PERC shall control. 6 NCF&O/SEIU oca City Of Boynton Beach 227 05/27/04 ARTICLE 3 RIGHTS OF EMPLOYEES Section 1. The employees in the bargaining unit shall have the right to join or assist the Union or to refrain from any such activity. Section 2. All provisions of this Agreement shall be applied fairly and equitably to all employees in the Bargaining Unit. Section 3. Employees may request a Union representative to be present when they believe a meeting with a supervisor may lead to discussions which could form the basis of disciplinary action. Section 4. Employees shall have the right to be supplied with a copy of this Agreement at the time of their initial orientation. 7 City Of B~ynton Beach NCF&O/SI~IU Local~ 1227 05/27/04 ARTICLE 4 STRIKES Section 1. The National Conference of Firemen and Oilers, SEIU, AFL-CIO, Local 1227, or their member agents or designees, agree during the life of this Agreement that they shall have no right to engage in any work stoppage, slow down, strike or unlawful picketing. Section 2. In the event of a strike, work stoppage or interference with the operation and accomplishment of the mission of the City Administration, a state or international representative of the Union shall promptly and publicly disavow such strike or work stoppage and order the employees to return to work and attempt to bring about prompt resumption of the normal operations. The Union representatives shall notify the City 12 hours after commencement of such strike, what legitimate measures it has taken to comply with the provisions of this Article. 8 City Of Boynton Beach NCF&O/SEIU Local 1227 05/27/04 ARTICLE 5 NON-DISCRIMINATION Section 1. The Employer and the Union agree that all provisions of the Agreement shall be applied to all employees covered by it and the Employer and the Union affirms their joint opposition to any discriminatory practices to the extent prohibited by law in connection with employment. Section 2. It is agreed that no employee shall be discriminated against, as prescribed by State or Federal laws, in their employment because of race, creed, color, sex, age, national origin, marital status, physical handicap, sexual orientation or membership or non-membership in the Union. Section 3. The parties agree that this Article is not subject to grievance or arbitration. 9 City Of Boynton Beach ' NCF&O/SEIU Local '1227 05/27/04 ARTICLE 6 REPRESENTATION OF THE CITY Section 1. The City shall be represented by the City Manager, or a person or persons designated in writing to the Union by the City Manager. City Of Boynton Beach NCF&(3 / 27 05/27/04 ARTICLE 7 UNION REPRESENTATION Section 1. The City agrees to recognize the Union's officers and four (4) City employee stewards as agents of the Union. The Union shall furnish written notice to the Department Head of the designated Union officers o~ and stewards within three days of ratification of this Agreement and when any change in designation is made thereafter. The City recognizes the right of the Union to designate one (1) chief steward from among the four (4) City employee stewards. The authority of a Union steward to act on behalf of and bind the Union is implied from their designation as Steward. Section 2. Non-employee officials of the Union shall, with prior notification by the Department Head be admitted to the property of the City for purposes of administering the Agreement. Union officials as designated above shall only be able to meet with City employees in non-work areas (i.e., break areas) and during non-work time. Nothing in this section shall preclude or interfere with the City's right to control access to City facilities for safety and/or security purposes. Section 3. Union stewards will be granted paid leave to engage in representation activities on behalf of any member as follows: Engaging in collective bargaining with the representatives of the City and for grievance investigations and consultation with management. Section 4. Union stewards may be released and may utilize up to 100 hours per year to respond to: 1.An employee who is required to appear at a hearing related to a grievance and or arbitration. 2. An employee who is or responding to a disciplinary action or investigation. 3. An employee attending a pre-determination hearing. The City grants the Union stewards, as a group, one hundred (100) hours per year, without loss of pay to engage in representative activities as set forth in section 4. The one hundred (100) hours may be transferred from steward to steward, provided the total for all four (4) stewards does not exceed one hundred (100) hours. If the total hours used exceeds one hundred (100), then stewards may be released without pay, but only at the discretion of the department head (or designee), whose approval shall not be unreasonably withheld and when releasing such employee does not adversely effect the on-going day to day operations in any department.. Additional hours may be used, with pay, when those hours are funded by "Union Time Pool" time. 11 City Of Boynton Beach NCF&O/SEIU Local 1227 05/27/04 The CITY may stop the use of such time off if it interferes with productivity or manpower needs. However, the exercise of such right on the CITY'S part shall not be arbitrary or capricious, nor shall it allow the CITY to proceed in a manner that deprives the employee of his or her right of representation. Section 4. No employee shall engage in Union business while on duty except as referenced in Section 3. Section 5. The City Manager will grant the Union stewards combined leave, without pay, for a total of twenty (20) days per year in order that they may attend conferences, seminars and similar events or other union activities related to their representative function provided the leave does not adversely effect the on-going day to day operations in the any department. Section 6. Stewards shall maintain and provide to the City a Union Business time-out slip that shall be processed to show their accumulated hours used against the 100 hours per year granted. The form for this purpose shall be attached hereto as an exhibit to this agreement. 12 City Of Boynton Beach NCF&O/SEIU Local 1227 05/27/04 ARTICLE 8 COLLECTIVE BARGAINING Section 1. The membership of the bargaining unit shall be represented in collective bargaining by the President of the Union or by a person or persons designated in ,~witing to the City Manager. The President of the Union, or the person or persons designated shall have full authority to conclude a Collective Bargaining Agreement on behalf of the Union subject to a majority vote of those members of the Bargaining Unit voting on the question of ratification. It is understood that the Union representative or representatives are the official representatives of the Union for the purpose of negotiating with the City. Such negotiations entered into with persons other than those defined herein, regardless of their position or association with the Union, shall be deemed unauthorized and shall have no weight or authority in committing or in any way obligating the Union. It shall be the responsibility of the Union to notify the City Manager in v~xiting of any changes in the designation of any certified representative of the Union. Section 2. No more than four stewards may participate in collective bargaining while on duty, without loss of pay. Additional stewards or bargaining unit members may attend while off duty or when on approved leave. 13 City Of Boynton Beach NCF&O/SEIU Local 1227 05/27/04 ARTICLE 9 UNION TIME POOL Section 1. Bargaining unit members may donate from one (1) to five (5) hours of accrued vacation, sick leave or comp time to be banked and subsequently used to permit designated Union stewards to engage in representative activity or training. All donated time will be calculated, banked, and distributed on an hour-to-hour basis. A list of those employees donating to this time bank shall be maintained by the Union, a copy of which will be provided to the City Manager and Finance Director. Section 2. Donations to the union time pool shall be solicited by the union during ratification of the agreement. Donations shall be transferred from the employees appropriate leave bank each year of the agreement during the month of January. The City shall match the number of union time pool hours each year, at 50% of the number of hours accumulated by the union. Time pool hours shall roll over from one year to the next for the duration of the contract period. Union representation shall utilize the union time-out slip when using time pool hours. Union time pool hours shall be utilized prior to the 100 hours provided for union leave under Article 7, Union Representation. 14 City Of Boynton Beach NCF&O/SEIU Local 1227 05/27/04 ARTICLE 10 BULLETIN BOARDS Section 1. The Union shall be provided space on bulletin boards at each location so designated by the City in the areas where unit employees normally are assigned to work for the use of LOCAL 1227. These bulletin boards shall be used for posting Union notices, signed by a Union officer but restricted to the following: A. Notices of Union recreational and social affairs; B. Notices of Union elections and results of elections; C. Notices of Union appointments and other official Union business; D. Notices of Union meetings. E. Union newsletter On Track (may be unsigned) Section 2. Section 2. All other information, including any notices containing any information other than purpose, date, time and place may be posted on such designated areas and the Union shall furnish the City Manager's office with a copy. All costs incidental to preparing and posting of Union materials will be borne by the Union. The Union is responsible for posting and removing approved material on its bulletin board and for maintaining such bulletin boards in an orderly condition. Section 3. The Union shall not post endorsements for candidates who are running for office. 15 City Of Boynton Beach NCF&O/SEIU Local 1227 05/27/04 ARTICLE 11 PROGRESSIVE DISCIPLINE PURPOSE 1. The City is committed to recruit, train, and retain qualified employees who will contribute to the City's mission. 2. The success of the City government in providing quality and efficient public service directly correlates with appropriate employee conduct and performance. Employee behavior that is positive and supportive of the goals of effective municipal management is fully encouraged. 3. When an employee's conduct or performance is inconsistent with the needs and goals of the City, disciplinary actions up to and including dismissal can occur. Progressive discipline is suggested when circumstances support its use. In proper cases, dismissal may immediately occur. 4. No employee shall be disciplined or discharged without just cause. POLICY 1. Counseling and written reprimands should be utilized as an element to motivate employees to choose behavior conducive to an individuals growth, development and most importantly to insure the successful operation of the City and its services. However, in certain circumstances punitive discipline actions will be necessary. There is no "fixed formula" for discipline, management reserves the right and prerogative to make disciplinary decisions based on repeated occurrences of varying incidents, past performance or severity of the incident. 2. Although progressive disciplinary actions are encouraged when circumstances support such use, the severity of misconduct and the circumstances shall determine the nature of the discipline. 3. A number of factors should be considered in determining the appropriate level of discipline to be taken at each successive step. Such factors may include time intervals between offenses, effectiveness of prior disciplinary actions, insubordination, employee willingness to improve, overall work performance and teamwork. 4. Certain misconduct is so contrary to the public interest that dismissal shall be the only appropriate measure. 5. The level of misconduct may differ in individual cases from apparently similar incidents. The City retains the right to treat each occurrence on an individual basis without creating a precedent for situations that may arise in the future. This case-by-case 16 City Of Boynton Beach NCF&O/SEIU l~ocai 1227 05/27/04 method is designed to take individual circumstances and/or mitigating factors into account. These provisions are not to be construed as a limitation upon the rights of the City, but are to be used as a guide. 6. Disciplinary actions older than a two (2) year period shall not be referred to or considered in any current disciplinary action, except for unlawful misconduct. 7. The failure of immediate supervisors to document and/or take disciplinary actions for misconduct, or the failure to follow the completed disciplinary documents to Personnel, shall serve as grounds for disciplinary action. EXAMPLES OF MISCONDUCT The following types of infractions, offenses or misconduct shall represent employee noncompliance with rules, regulations, policies, practices or procedures of the City or the Department or employee wrongs or offenses that violate permissible behaviors or are specifically prohibited by law. The following are examples of violations that shall result in discipline and the progressive discipline actions that may accompany the violations. MISCONDUCT 1. Conduct unbecoming of a City employee. Conduct unbecoming a City employee means: Employee behavior or actions on the part of the employee which hinder or jeopardize the successful operation of the City, undermine teamwork and cooperation among City employees, or undermine the public confidence in the City or its employees. 2. Violations or disregard of City Safety Policy & Procedures, including: a. Careless use of vehicles or equipment b. Failure to use all safety restraints when riding in or operating a City vehicle c. Failure to wear and or use prescribed uniforms or equipment 3. Abuse of Personnel Policies, including but not limited to: a. Abuse of sick leave privileges, sick leave policy or excessive absenteeism b. Failure to notify Department and or Human Resources of current address and telephone number within 10 calendar days of change c. Failure to report any outside employment 4. Abuse of departmental procedures and work rules including: a. Failure to provide name and official title to any person requesting same when performing work related duties b. Habitual extension of lunch period or break period c. Habitually late for work without valid reason d. Smoking in prohibited areas e. Unauthorized solicitation, posting of material or non-productive behavior 17 City Of Boynton Beach NCF&O/SEIU Local 1227 05/27/04 5. Documented failure of a supervisor to perform duties required of supervisor), employees including recommending and/or taking disciplinary actions when necessary. NOTE: This chart outlines the usual progression options for repeated occurrences of misconduct. If serious misconduct or extreme misconduct has occurred previously, there will be faster progressive action. OFFENSE TYPE 1 ST 2ND 3RD OCCURRENCE OCCURRENCE OCCURRENCE Misconduct Counseling Written Reprimand Suspension Without Pay or Dismissal SERIOUS MISCONDUCT 1. Violation or disregard of City Safety Policy & Procedures, including: a. Continued misuse of equipment or negligence resulting in injury to self others or damage to City equipment or property b. Horseplay potentially hazardous to life or property c. Unauthorized use or unsafe operation of City property, equipment or vehicles 2. Abuse of Personnel Policies, including: a. Threatening a co-worker or supervisor b. Use of abusive language to or about an employee, co-worker, supervisor or the public c. Insubordination, meaning the failure to recognize or accept authority of a supervisor 3. Abuse of departmental procedures and work rules, including: a. Sleeping on the job b. Absent without calling in to department within one hour of shift start time c. Disrupting or hindering departmental operations d. Failure to work required overtime assignments, special hours, special shifts or unavailability during stand-by status e. Outside employment which conflicts, interfered or otherwise hampers the performance of the employee in their City job 4. Inefficiency or Incompetence The inefficiency or incompetence in the performance of assigned duties may result in demotion or disciplinary action up to and including termination. Examples of poor performance shall include failure to provide responsive, courteous, high quality customer service or repeated failure to support team goals, and contribute to team success. 18 City Of Boynton Beach NCF&O/SEIU Local 1'227 05/27/04 Employees who receive an OVERALL "Partially Meets Standards" or "Does Not Meet Standards" performance evaluation (rating of 1 or 2) shall be given follow-up evaluation within 60 days of the "Does not Meet Standards: or :Partially meets Standards" initial evaluation. More than one overall rating of "Below Standards" may subject the employee to demotion or disciplinary action up to and including termination. It is the responsibility of every employee to perform at a minimum level of "Meets Standards"{as outlined in the Incentive Pay System Policy}. The following chart outlines the progressive discipline options for three occurrences of serious misconduct. If misconduct or serious misconduct has occurred previously, there will be faster progressive discipline. OFFENSE TYPE 1 ST 2ND 3RD OCCURRENCE OCCURRENCE OCCURRENCE Serious Misconduct Written Reprimand Suspension Without Dismissal or Suspension Pay or Dismissal Without Pay EXTREME MISCONDUCT 1. Violations or disregard of City Safety Policy & Procedures, including a. Failure to report an on-the-job injury or accident within 24-hours to the immediate supervisor b. Failure to report an employees' on-the-job injury to Risk Management within 24 hours and/or completion of necessary documentation c. Fighting on the job or engaging in any intentional act which may inflict bodily harm on anyone d. Operating a City vehicle or equipment without a required and valid driver's license e. Failure to report the revocation or suspension of a driver's license when employment involves driving 2. Abuse of Personnel Policies, including, but not limited to: a. Possession of a firearm or concealed weapon on City property or while performing official duties without written permission from the Department Director (excluding law enforcement officers) b. Gambling during work hours c. Refusal to sign a disciplinary form d. Suspension or revocation of any required job related license or certifications. 3. Abuse of departmental procedures and work rules, including: a. Unauthorized personal use of City equipment or funds b. Conducting personal and/or private business on City time; improper use of City time for such activity 19 City Of Boynton Beach NCF&O/SEIU Lo~al 1227 05/27/04 c. Falsifying attendance records d. Other department rules as communicated by director or supervisor 4. Illegal, unethical or improper acts, including: a. Theft or removal of City property without authorization b. Falsifying employment application or concealing information during pre- employment screening or processing c. Soliciting or accepting an unauthorized fee or gift or failure to comply with Chapter 112, Florida Statute d. Giving false information or failure or refusal to fully cooperate or provide full truthful information in City initiated investigations e. Possession, use or sale of illegal drugs, alcohol or prescription medication that alters the employee's performance on the job or any confirmed positive drug test f. Possession or use of alcohol while on duty; or reporting to work under the influence of alcohol g. Refusal to participate, if offered, in a drug/alcohol rehabilitation program h. Refusal to submit to a City required drug or alcohol test i. Falsifying or attempting to falsify a City ordered drug test j. Violating the City's Sexual Harassment policy through interaction with another employee or a member of the public k. Conviction of a felony (Including non-work related) The following chart outlines the progressive discipline options for two incidents of extreme misconduct. If misconduct or serious misconduct has occurred previously, there will be faster progressive action. OFFENSE TYPE 1 ST 2ND OCCURRENCE OCCURRENCE Extreme or Suspension Without Dismissal Unlawful Pay or Dismissal Misconduct Note: The progressive discipline steps outlined above refer to the discipline options the City may take. If such discipline is appealed to arbitration, the arbitrator is not bound in any manner by such options and is free to independently determine the appropriate level of discipline if the employee is found to have committed the offense. PROCEDURE FOR DISCIPLINARY ACTION 1. When an immediate supervisor becomes aware of conclusive evidence of the need for the employee discipline, he/she becomes responsible and shall investigate the circumstances of the misconduct or lack of performance, prior to deciding upon the type of disciplinary action to be recommended or taken. Documentation of the discipline investigation or of the conduct shall be required on the part of the immediate supervisor 20 City Of Boynton Beach NCF&O/SErU Lo6al 1/227 05/27/04 in order to establish appropriate records. Human Resources will be available to assist in such investigations. In cases where investigations of a more substantial nature are required, the following types of administrative review shall be administered. A. Administrative Review: Investigations of non-criminal violations conducted in the absence of immediate or conclusive evidence involving any City employee, with the exception of Police department employees. These investigations shall be conducted by the Department Director and Human Resources, who shall obtain all sufficient information, including documentation and/or sworn statements, in order to determine the necessity or level of disciplinary action. Human Resources shall assume responsibility for acquiring any necessary sworn statements. Administrative investigations shall be conducted expeditiously. B. Criminal Investigations: Investigations conducted when criminal violations are reportedly committed by an employee of the City. The Police Department, in collaboration with the Department Director of the involved employee shall conduct these investigations. 1. In instances where an investigation of serious, unlawful or other extreme misconduct is necessary, administrative and/or criminal investigations shall be conducted prior to the effective date of final disciplinary action. 2. The immediate supervisor may initiate a three-day suspension or less suspension with pay to afford a supervisor the opportunity to investigate an alleged incident or misconduct in the absence of the employee. Suspensions of more than three days with pay require the approval of the Human Resources Director. This practice may also be used in the event that alleged misconduct is severe but unproved. The immediate supervisor shall immediately notify the Department Director and Human Resources after the suspension is issued, so that the matter can be investigated. 3. A recommendation for disciplinary action may result from the findings of an investigation. If disciplinary measures are not recommended after the investigation, the suspension with pay period shall not be counted as disciplinary in nature. A document confirming a favorable determination as to the matter should be made part of the employee's record. TYPES OF DISCIPLINARY ACTION A. COUNSELING - Consists of the immediate supervisor warning the employee to correct or improve performance, work habits or behavior, and counseling the employee on improvements expected. Counseling serves as a warning against further repetition of employee behavior. Future violations will result in discipline up to and including termination. City Of Boynton Beach NCF&O/SEIU Local ~227 05/27/04 The immediate supervisor should complete a Counseling Memorandum. The employee shall be required to sign the form signifying that he/she has read and discussed the contents with the supervisor. The Counseling Memorandum shall be forwarded to Human Resources for retention in the employee's records, with a copy provided to the employee. The supervisor may request that the employee complete a written action plan to correct the behavior. Employees may submit comments for inclusion in the record. B. WRITTEN REPRIMAND - Consists of an immediate supervisor issuing a written notice of reprimand to improve performance, work habits or behavior. A written reprimand should include a complete description of the incident(s) of misconduct, inappropriate behavior, work habits or performance which require improvements; previous records of discussion; a time frame within xvhich the employee must correct or improve his/her behavior; and a warning that future violations will result in further disciplinary actions up to and including termination. Written reprimands shall be signed by the employee to acknowledge receipt and forwarded to Human Resources for retention in the employee's records, with a copy provided to the employee. Employees may submit comments for inclusion in the record. The employee ma)' be required to complete a written plan for correction of the behavior. When the written reprimand contains a time frame for employee improvements, a follow- up discussion at the end of the designated time period should be conducted. The follow- up discussion will provide a specific opportunity to review the employee's improvements relative to the discipline. Written reprimands should be reflected on the employee's performance appraisal along with any noted improvements. C. SUSPENSION WITHOUT PAY - Consists of an employee being prohibited from returning to work until the specified period of suspension has passed or the forfeiture of vacation time, if agreed to by the employee. Suspensions without pay shall be used when an employee is removed from the job due to extreme misconduct or unlawful behavior, or when instances of progressive discipline supports a suspension without pay for a specified period of time. Any time an employee is suspended for discipline the suspension shall be without pay. 1. With the written authorization of the Department Director and Human Resources, immediate supervisors have the authority to issue a suspension without pay for three (3) working days or less. 2. Suspensions without pay beyond three working days require prior concurrence by Human Resources, review by the City Attorney's Office and authorization by the City Manager's Office. 22 City Of l~oynton Beach NCF&O/SE][U Local 05/27/04 3. Employees being suspended without pay shall be notified in writing by the immediate supervisor. The written notification shall consist of the reason for the action and the duration of the suspension without pay. It shall also include a statement that future violations will result in further disciplinary actions up to and including termination. 4. Employees may submit comments for inclusion in the record. Written notification of a suspension shall be signed by the suspended employee acknowledging receipt of the written notification, and forwarded to Human Resources for inclusion in the employee's record, with a copy provided to the employee, the Department Director, and one to the Finance Department for payroll purposes. D. DEMOTIONS - In the context of this policy demotion consists of an employee being involuntarily removed from a higher level classification to a lower level classification, with a resulting decrease in salary. Although not limited to such instances, demotions may occur in some cases because of the inability to fulfill the duties of the higher level job in a satisfactory manner; or a failure to comply with employment conditions such as licensure or certification. In addition, probationary employees shall be subject to demotion without the City being required to state a reason. The probationary employees shall not have access to any appeal process with regard to the demotion. Immediate supervisors should discuss the potential demotion of an employee with their chain of command and the Human Resources Department prior to a written recommendation for demotion. The Department Director shall then submit the written recommendation to the City Manager through Human Resources. Demotions require concurrence from Human Resources, review by the City Attorney's Office and authorization from the City Manager prior to being effected. Written notification of demotions shall be provided to the employee by the department Director. Such notices shall include the final decision, the reason(s) for the decision, the employee's new classification title, the new pay range and pay rate, and the effective date of the demotion. Written notifications shall also include that future violations will result in further disciplinary actions up to and including termination if the demotion was a result of misconduct. All documentation of a demotion shall be retained in the employee's file in the Human Resources Department. A copy of the written notification of demotion shall be forwarded to the Finance department for payroll purposes. Employees may request a demotion to a lower level classification voluntarily. Such demotion shall not be punitive. Employees may submit comments for inclusion in the record. Written notification of a demotion shall be signed by the employee acknowledging receipt of the written notification and forwarded to Human Resources for inclusion in the employee's record. City Of Boynton Beach NCF&O/SEIU Local ti 227 05/27/04 E. DISMISSAL - Dismissal is a result of an employee's involuntary termination that severs the employment relationship. At such time all employee benefits cease, except as otherwise provided by law. Immediate supervisors shall supply through documentation and discuss recommendations for an employee's dismissal with their chain of command and Human Resources. Upon receiving a written recommendation from the supervisor, the Department Director shall submit the documentation to Human Resources. Dismissals shall be effected only with the concurrence of Human Resources, review by the City Attorney's Office and authorization by the City Manager. A written notice of recommended termination shall be given to the employee in person. However, after two unsuccessful attempts to deliver the notification, then the notice shall; be sent via US mail to the most recent address on record in the personnel file. The recommendation shall include the following information: 1. The underlying reasons for the recommended termination 2. Documentation upon which the Department Director relied in formulating said recommendation 3. An explanation of his/her rights to request a predetermination hearing prior to termination taking effect and the facts that the decision to discipline of the City Manager shall be final subject to grievance and arbitration as provided for in Article I 0 of this Agreement. The dismissal recommendation and the City Manager's final decision shall be placed in the employee's personnel file, and a copy shall be forwarded to the employee and his/her Department Director. Employees may submit comments for inclusion in their personnel file. Probationary employees who have not successfully completed the established probationary period shall be subject to dismissal without cause, after review by Human Resources. 24 City Of Boynton Beach "NCF&O/SEIU Lo~al 1227 05/27/04 RIGHT TO PRE-DETERMINATION HEARING Prior to the effective date of any suspension without pay of three (3) days or more, or a termination, the City shall conduct a predetermination hearing. The Human Resources Director and the City Manager's designee shall conduct the predetermination heating. The employee shall be provided with reasonable notice of the predetermination heating date and of the charges which are the grounds for the disciplinary action. The employee may be accompanied and assisted at the predetermination hearing by a representative of his choice. The employee shall be afforded the opportunity to present information in defense or mitigation to the charges brought against the employee. Following the predetermination hearing, and any further investigation into issues raised by the employee in defense or mitigation of the charges, the Htunan Resources Director and the City Manager's designee shall sustain, reverse, or modify the disciplinary action and give the employee written notice of their action and at the same time establish the suspension or termination date(s) if appropriate. EMPLOYEE APPEALS o GRIEVANCES 1. Probationary employees shall not have the right to appeal or grieve any type of disciplinary action. 2. Regular employees shall have just cause appeal and grievance rights as outlined in Article 12 of this Agreement. ,25 City Of Boynton l~each v NCF&O/SEiO Local 1~' ~2~7 05/27/04 ARTICLE 12 Section 1. A grievance is defined as a dispute or disagreement ~nvolvine application or interpretation of this Agreement. Issues or disputes which are not grievances as so defined shall not be subject to arbitration, but may be processed through the grievance procedure only after all attempts to resolve the dispute through labor management meetings has failed. Section2. No employee or group of employees may refuse to follow directions pending the outcome of a grievance except where safety would be jeopardized. Employees in the bargaining unit will follow all written and verbal directives, unless the employee has an objective basis to believe that his/her health and safety is threatened. Compliance with such directive will not in any way prejudice the employee's right to file a grievance within the time limits contained herein, nor shall compliance affect the ultimate resolution of the grievance. The parties agree that the grievance procedure shall be the sole and exclusive method for resolving any dispute involving the application or interpretation of the Agreement. Section 3. All grievance statements of appeal and answer must be in writing. Grievances not appealed to the next higher step within the prescribed time limits will be considered withdrawn. Failure by management to observe time limits for any step of the grievance procedure shall entitle the employee to advance the grievance to the next step. Grievance time limits may be extended by mutual written agreement of the Union and the City. Section 4. GREWANCE PROCEDURE STEPS Step 1. a) Within five (5) working days of the incident or the time which the employee had knowledge of the incident, the employee may initiate a written complaint with his/her Department Director or during regular working hours the employee may elect to have a Union steward present the grievance to the Department Director. The written complaint will include a description of the action requested and the basis for the request. b) Within five (5) days of receiving the written complaint the Department Director will contact the aggrieved employee and schedule a meeting within five (5) days to discuss the matter, c) Within five (5) days of the meeting, the Department Director shall respond in writing to the employee with the decision. City Of Boynton Beach NCF&O/SEIU Local 1227 05/27/04 The written grievance should state the following: A. Statement of the grievance and the facts upon which it is based. B. The Article(s) and Section(s) of this Agreement alleged to have been violated. C. The action, remedy, or adjustment requested. D. The signature of the aggrieved employee and or union representative and date. E. A statement indicating the grievance is a class action grievance. F. A statement identifying the positions of the class of workers affected. Step 2. In the event the employee is not satisfied with the disposition of the grievance by the Department Director, a) the employee shall have the right to appeal the decision to the Human Resources Director within five (5) days of the date of receipt of the Department Director's decision, b) Within five (5) days of receipt of the grievance, the Human Resources Director will contact the aggrieved employee and schedule a meeting within five (5) days to discuss the matter, c) The Human Resources Director or designee shall respond in writing to the employee within five (5) days of the meeting. Step 3. When a grievance/disciplinary appeal if not settled under the forgoing steps of the grievance procedure, the employee or the Union, within twenty (20) days of such decision or termination, may refer the dispute to an impartial arbitrator from the pre-selected panel of arbitrators appointed by mutual agreement of the parties. The arbitrators shall be appointed with the understanding that the hearing on the matter appealed will be heard within ninety (90) days following appointment. Either party shall not utilize court reporters and/or written briefs. The arbitrator shall make a final and binding ruling immediately following the hearing. The City and the Union agree that within thirty (30) days after the ratification of this Agreement to select a panel of six (6) arbitrators from the Federal Mediation and Conciliation Service (FMCS). The City shall select three (3) arbitrators and the Union shall select three (3) arbitrators. These arbitrators, once selected shall hear grievances on a rotating basis, beginning in alphabetical order of the arbitrator's sir name. Section 5. The arbitrator shall have only jurisdiction and the authority to apply and interpret the provisions of this Agreement. He/she shall not have jurisdiction to alter or change in any way the provisions of this Agreement and shall confine the decision solely to the issue of interpretation or application of the Agreement presented. The decision of the arbitrator on any matter within his/her jurisdiction shall be final and binding on the Union, the City and the employee covered by the Agreement. 27 City Of B'-oynton Beach NCF&O/$EIU Local 1227 05/27/04 a. The City and the Union agree to share all information each party will present to the arbitrator no later than ten (10) days prior to the date of the arbitration, even if such information was accumulated after the final grievance step or after the terminated employees' pre-determination heating. Section 6. The heating shall not be formal and the strict rules of evidence shall not apply. Section 7. The parties shall divide the arbitrator's fee and expenses equally. In the event of a settlement, the arbitrator's fee and expenses shall be born equally by the parties, unless they agree otherwise. Section 8. The term "day" shall mean, calendar day, Monday through Friday, exclusive of holidays recognized by this Agreement. City Of Boynton Beach NCF&O/SEIU 1227 05/27/04 ARTICLE 13 BASIC WORK WEEK AND OVERTIME Section 1. The basic workweek shall consist of forty (40) hours, unless otherwise specified. The City Manager will establish and may change the basic workweek and hours of work best suited to meet the needs of the department and to provide superior service to the community. Nothing in this Agreement shall be construed as a guarantee or limitation of the number of hours worked per week. Section 2. All authorized and approved work performed in excess of forty (40) hours in any one work week shall be considered as overtime and shall be paid at the overtime rate of one and one-half times the employee's straight time rate. Employees who regularly work a ten (10) hour day shall receive overtime for hours worked actually in excess of forty (40) hours. Section 3. The working conditions of employees covered by this agreement, which may differ from department to department, shall remain status quo for the term of this agreement. Section 4. For purposes of overtime computation vacations, holidays, personal leave days, and the employee's use of sick leave shall be considered as time worked. Funeral leave, jury duty, annual military leave, and other absences from duty on active pay status shall not be considered as time worked for purposes of overtime computation. Section 5. OVERTIME. Overtime shall first be offered on a rotating basis in order of seniority within each classification. The parties agree that when employees are asked to work overtime and management contacts the appropriate employees from the seniority list, the second employee contacted must accept the overtime assignment unless the employee has a hardship or the employee and supervisor mutually agree to continue down the seniority list of employees. In the event an employee is required to work overtime, he/she shall not have his regular shift hours changed nor shall he/she be placed in a non-paid status in order to preclude the payment of overtime. Supervisors shall provide no less than two (2) hours advance notice to employees prior to the assignment of unscheduled, mandatory overtime unless circumstances prohibit such advance notice, in which case, the employer shall give as much notice as is reasonably possible. Section 6. Shift Bidding and Posting. Employees who xvork in departments within the City in classifications that are covered by more than one shift shall be allowed to bid 29 City Of Boynton Beach NCF&Ot/SEIU Local 1227 05/27/O4 shifts, which shall be granted by seniority once each year to be completed by January 31st. Should management have a compelling operational need, they may designate the number of A-Class workers (those with five or more years of experience) and the number of B- Class workers (those with less than five years of experience) required to work on each shift so that a balance of experience may be achieved for each shift. Employees shall have an opportunity to give input on the development of their shifts. Section 7. This article, effective as of the ratification date by the Commission, is not retroactive. 30 City Of Boynton Beach NCF&O/SEIU Loca 1227 05/27/04 ARTICLE 14 COMPENSATORY TIME Section 1. Employees may accrue and use compensatory time in lieu of overtime pay when the employee works in excess of forty hours in a workweek. Section 2. Compensatory time will be accrued and used at the same rate the overtime rate would be paid. The compensatory time must be used within sixty (60) calendar days of the pay period in which it was earned or be paid at that time. Section 3. The City reserves the right to convert any accrued compensatory time hours to pay at its sole discretion, once the sixty (60) days has passed. Section 4. It is solely the employee's choice as to whether he/she wishes to be paid for their overtime at one and one-half times their regular hourly rate of pay, or take compensatory time. The City will not encourage employees to take one form of compensation over the other. 31 City Of Boynton Beach NCF&O/SEIU Local 1227 05/27/04 ARTICLE 15 WAGES Section 1. a) Effective October 1, 2003, bargaining unit employees shall receive a 3% market adjustment added to base wage. b) Effective April 1, 2004 bargaining unit employees shall receive the following Performance Evaluation wage increases added to base wage: i. Performance evaluation score is 1.0 to 1.9 (needs improvement) the percentage wage increase shall be equivalent to the score. ii. Performance evaluation score is 2.0 (meets standards) to 3.0(exceeds standards) the percentage wage increase shall be 3%. iii. Performance evaluation score is above 3.0 to 4.0 (exceeds standards) the percentage wage increase shall be equivalent to the score. iv. Performance evaluation score is below 1.0 (needs improvement) No wage increase will be applied. c) An employee that is at the maximum salary range shall receive the market adjustment increase and the Performance Evaluation wage increase, if applicable, added to base. As a result of this wage adjustment employees who were at maximum of salary range and who will now be outside the official pay range will be redlined. These employees ,vill remain redlined until a pay plan study is completed and adjustments made to bring such employees back into the official pay range. Section 2. The April 1 Performance Evaluations and re-evaluations at each sixty (60) day period as outlined below shall be completed in a unbiased and fair manner. Justification for all performance evaluation scores "exceeding standards" or "needs improvement" must have been previously provided to the employees being evaluated. The rater must refrain from the "halo effect" scoring of employees. a) An employee who does not receive "meet standards" score on his/her performance evaluation shall be given a written document with instructions on what is required to achieve a "meet standards" score and shall be re-evaluated in sixty (60) calendar days. b) If the employee receives a "meets standards" score at the end of the sixty (60) day re-evaluation, he/she shall receive the wage increase according to Section 1 and lii. or liii. of this article, effective on April 1, 2004. c) An employee who does not achieve a "meets standards" score at the end of the sixty (60) day re-evaluation period he/she shall be allowed a second sixty (60) day re-evaluation period. 32 (Sf'~oynton Beach NCF&O/SEIU Local 1227 City 05/27/04 If the employee does not receive a "meets standards" score at the end of the second sixty (60) day evaluation period Section 1 i. or 1 iv. of this article shall apply. If at the end of the second sixty (60) day re-evaluation period the employee achieves a "meets standards" score he/she shall receive the wage increase retroactive to the date of the first sixty (60) day evaluation period in accordance with Section 1 ii. or 1 iii. of this article. Section 3. The City will inform the bargaining unit of any re-classifications of bargaining unit positions prior to the final effective date of the re-classification. Section 4. A Labor Management Committee (LMC) consisting of four (4) bargaining unit representatives (2 blue-collar and 2 white-collar) and four (4) representatives from the City, shall meet no later than thirty (30) days from the date of the ratification of this Agreement. The LMC will work to resolve matters to prevent grievances and will provide input into the continued improvement of the existing Performance Evaluation system to ensure bargaining unit members receive fair and objective evaluations that appropriately reward their performance. 33 City'O~Boynton Beach NCF&O/SEIU Local 1227 05/27/04 ARTICLE 16 PROMOTIONS, RECLASSIFICATIONS,TRANSFERS AND DEMOTIONS Promotion and Re-classifications Section 1. When an employee is advanced to a position in a higher classification level, the employee will be placed within the appropriate classification level that will provide a daily rate increase as follows: a. Promotion or re-class from non-exempt to exempt: (+ 10% of mid point of the new grade or to minimum of grade level whichever is greater). b. Promotion or re-class of one grade: (+5% of mid point of new grade or to minimum of new grade whichever is greater). c. Promotion or re-class of two grades: (+7.5% of mid point of new grade or to minimum of new grade whichever is greater). d. Promotion or re-class of three or more grades: (+10% if mid point of new grade or to a minimum of new grade whichever is greater). Should management determine a newly hired employees' credentials warrant receiving an annualized base salary above the entry level into the classification, the new employee may start his/her employment ~vith the City at no more than the mid point above the entry level rate for the position classification. Transfers and Demotions Section 1. Employees may request a lateral transfer to any open position for which they qualify. Management shall make every effort to place the employee requesting the transfer prior to filling the position, however, this provision shall not restrict management's right to select the most qualified individual to fill the position. If the reason for the transfer is due to conflicts with supervisors or co-workers, the transfer shall follow only after mediation through the Human Resource Department. Section 2. When an employee transfers to a lower position or accepts a voluntary demotion, the employee shall suffer no loss of pay unless the employees' current hourly rate exceeds the maximum of the new, lower salary scale. If the employee's hourly rate exceeds the maximum of the new lower salary scale, the employees' hourly rate shall be reduced only to the maximum rate of the lower scale. 34 City OfBoynton B~ach " NCF&O/SEIU Locfil 1227 05/27/04 Demotions that are punitive in nature shall cause the employee to be placed on the salary scale as follows: a. Demotions from exempt to non-exempt: (-10% of mid point of new grade or to minimum of new grade level whichever is greater) b. Demotion of one grade: (- 5% of mid point of new grade or to minimum of new grade whichever is greater c. Demotion of two grades: (- 7.5% of mid point of new grade or to minimum of new grade whichever is greater) d. Demotion of three or more grades: (-10% of mid point of new grade or to minimum of new grade whichever is greater) 35 City Of Boynton Beach NCF&O/SEIU Local 1227 05/27/04 ARTICLE 17 STANDBY AND CALL BACK PAY Section 1. STANDBY PAY - In order to provide coverage for services during off- duty hours, it may be necessary to assign and schedule certain bargaining unit employees to standby beeper duty. A standby beeper duty assignment is made by a department director or his/her designee who requires an employee on his/her off-duty time, which may include nights, weekends or holidays, to be available to perform his normal daily job function during off hours, due to an urgent situation. Employees placed on Stand-by who are assigned a take home vehicle according to the department's rotation list shall be assigned a take-home vehicle appropriate for the completion of the task required of the employee should he/she be called back to work. The employee shall receive one hours pay at the overtime rate for each day or portion thereof that they are assigned standby beeper duty. Section 2 CALL BACK PAY - An employee called back to work after having been relieved and having left the assigned work station, or called in before his/her regularly scheduled work time, shall be paid a minimum of two (2) hours pay at the rate of one and one-half (1%) times his/her basic hourly rate of pay when such callback is between the hours of 800 a.m. and 12:00 p.m. (midnight), and shall receive a minimum of three hours at the rate of one and one-half (1 ½) times his/her basic hourly pay when such callback is between the hours of 12:01 a.m. and 7:59 a.m. Employees shall be paid for the actual hours worked for all hours worked in excess of the two (2) and three (3) hour minimum. Section 3. This article, effective as of the ratification date by the Commission, is not retroactive. 36 City Of Boynton Beach NCF&O/SEIU Local 1227 05/27/04 ARTICLE 18 EMERGENCY PAY POLICY 1. Whenever the City Manager declares that an emergency condition exists, and the City Manager calls for preparedness actions to take place either before, during or after the emergency, the City Manager may suspend those necessary provisions of the collective bargaining agreement as long as the provisions regarding pay and benefits shall remain in effect. 2. During any declared emergency called by the City Manager, City employees represented by Local 1227 who are sent home from work, and who do not provide a service to the City, shall be credited with eight (8) hours of pay or shift time at their regular straight-time rate of pay, for each work day they remain assigned at home during the emergency. This eight (8) hours of credited pay or shift time shall be counted as time worked for purposes of computing overtime. 3. Employees who are called in to work, and who provide a service to the City during the time of the declared emergency, also shall be credited with eight (8) hours of pay at their regular straight-time rate of pay or shift time for each work day during the declared emergency. This eight (8) hours or shift time of credited pay shall be counted as time worked for purposes of computing overtime. In addition, employees shall receive their regular hourly rate of pay, at the appropriate rate of pay, for all hours actually worked during the emergency. 37 City Of Boynton Beach NCF&O/SEIU Local'1227 05/27/04 ARTICLE 19 CERTIFICATION PAY The City shall pay $500.00 for each certification or license as determined and agreed upon by the employee and the department head. The City shall also pay the actual certification or license fee.. This provision shall not operate to reduce certification incentive pay policies currently being implemented by departments. Bargaining unit members who participate in departmental certification pay programs are not entitled to participate in the program set forth herein. A pre-determined list of job related certifications or licenses will be developed through the labor/management committee and attached to this article as an exhibit and shall be developed no later than sixty (60) days from ratification of this agreement. This article, effective as of the ratification date by the Commission, is not retroactive. City Otr l~ooynton Beach NCF&O/SEIU Local q 227 05/27/04 ARTICLE 20 EMPLOYEES ASSIGNED TO TRAINING DUTIES Employees who are assigned to train another employee who is new to a position, shall be assigned in writing and shall receive a 5% increase in pay during the time they are training another employee. Incidental training of co-workers with less experience is expected in all job classifications and is not compensable under this section. This article, effective as of the ratification date by the Commission, is not retroactive. City t3f Boynton Beach NCF&O/S~EIU 1~ocal/1227 05/27/04 ARTICLE 21 WORKING IN A HIGHER CLASS Section 1. Employees shall be required to perform work in a higher classification only upon written memorandum by their supervisor. Employees who work in a higher classification for twenty (20) continuous work days, shall receive a 5% increase in pay to the first day of the assignment, or the minimum of the higher classification, whichever is greater until returned to their regular classification. Section 2. Employees shall be required only upon written memo from their supervisor to perform work in a higher classification for training purposes. In this connection, they shall perform that work without a 5% increase in pay during the first twenty (20) days of continuous work in such higher classification. Should such training in the higher classification continue beyond twenty (20) continuous work days, the employee shall receive a 5% increase in pay or the minimum of the higher classification, whichever is greater, retroactive to the first day of the assignment, until returned to their regular classification. Section 3. This article, effective as of the ratification date by the Commission, is not retroactive. 40 City Of Boynton Beach O . 05/27/04 ARTICLE 22 SICK LEAVE Section 1. An employee shall notify his/her immediate supervisor or the supervisor's designee in a manner provided for by management of his/her illness within one (1) hour after his/her normal workday begins. This procedure shall be followed for each day the employee is unable to work unless prior approval is granted by department management, wherein the employee notifies his/her supervisor of the will be absent. Section 2. Sick leave will be granted upon approval of the department director for the following reasons: A. Employee's health, or up to five (5) days per year for illness of immediate family member the employee's parent, spouse, or child. B. Medical, dental, or optical treatment that is determined in writing by a physician to be necessary and must be performed during working hours. C. Quarantine due to exposure to contagious disease. D. In connection with Worker's Compensation and which shall remain status quo during the term of this agreement. E. Sick leave pay may be paid (in cash) to an employee for extraordinary circumstances of hardship and may be granted if the employee has the amount of sick leave credited to his/her sick leave account. The sick leave cash out may not exceed ninety (90) hours and the employee must retain a minimum of eighty (80) sick hours on the books. Denial of sick leave pay will be made in writing stating the reasons for the denial. Employees may take advantage of this provision once during each year of this agreement. Section 3. Employees shall accrue sick leave at a rate of 96 hours per 12-month period or eight (8) per month. No employee shall be entitled to use sick leave in excess of the amount of such leave accumulated. Employees may accumulate a maximum of 1040 sick leave hours. All unused hours shall be paid out at 50% upon termination of employment with the City. Any accrued but unused sick leave hours beyond 1040 shall be transferred into the employee's Personal leave bank at one for one. Personal Leave hours may be utilize as necessary. Any unused Personal Leave hours may be cashed in upon termination with City on a two (2) to one (1) basis, or the full value of the hours may be used to purchase health care benefits should the termination be due to normal or disability retirement. Section 4. An employee making a departmental transfer will retain any unused sick leave. Section 5. Employees who have attained non-probationary status and are regular employees will have payment made for unused sick leave, for up to 1040 hours, at the 41 City Of Boynton Beach NCF&O/SEIU Local ~1227 05/27/04 rate of 50% of the total number of hours accumulated, but not taken, upon termination in good standing, or retirement or death. (Retirement shall include normal retirement, disability retirement, or early retirement as defined in the appropriate Pension Plan). Section 6. Employees may request, and be covered by the provisions of the Family Medical Leave Act. Section 7. Sick Leave Donations (1) It shall be the policy of the City to permit an employee who has a minimum of 120 hours sick leave the opportunity of donating accrued sick leave time to a designated employee whenever extraordinary circumstances require the designated employee to be absent from work for a lengthy period of time (workers compensation leave time excluded), and when the employee has exhausted all accrued sick and vacation leave down to 40 hours. (2) Extraordinary circumstances shall be defined as lengthy hospitalization, critical illness or injury. (3) When there appears to be a need to share sick leave, bargaining unit members who are willing to contribute sick leave hours, must confirm through the Finance Department that the hours are available, and shall submit a Personnel Action form to the Human Resources Department for proper charge to their sick leave records. Section 8 Restricted Sick Leave No member may be placed on restricted sick leave unless_a pattern of sick leave abuse is present and the employee has had a counseling session with his/her Director or Department Head. During that counseling session, the employee will be informed of the reasons being considered for restricted sick leave. At that time, the employee will be given an opportunity to explain the sick leave taken. When an employee is placed on restricted sick leave, the employee will be notified in writing of that fact. An employee placed on restricted sick leave shall be re-evaluated in three months. If no violation is noted the employee shall be removed from restricted sick leave status. If not re-evaluated within five (5) working days after the three (3) month period, the employee will be automatically removed from restricted sick leave. During the initial ninety (90) day restricted sick leave period, if there is a violation of the restricted sick leave policy, progressive discipline shall be applied and the employee will be placed on another ninety (90) day period of restricted sick leave beginning on the date of the policy violation. For each successive restricted sick leave violation the employee shall be placed on restricted sick leave for an additional ninety (90) day period and shall be subject to further progressive discipline up to and including termination. Section 9 This article, effective as of the ratification date by the Commission, is not retroactive. 42 NCF&OE ~I~ Loc~ 1~1227 City Df Boynton Beach 05/27/04 ARTICLE 23 WORKERS COMPENSATION Whenever an employee is totally disabled from duty for a period of no more than seven (7) calendar days because of an injury determined to be compensated under the provisions of the Worker's Compensation Act, he/she shall be entitled to full regular pay. If the period of disability is greater than 7 calendar days, the employee shall receive a sum of money up to an amount equal to the difference between his/her worker's compensation check and his/her normal net take home pay. The injured employee will be eligible to receive the salary supplement for a period not to exceed three (3) months from the date of injury. At the end of the three months, or sooner, the City Manager, Department Head, and Human Resources Director (or their designee's) will review the case for a determination of pay status. If continuation of the salary supplement is granted, it can be at any rate determined equitable by the reviewing committee, but not to exceed an amount equal to the net take home pay. In no case will the salary supplement be extended beyond six (6) months from the date of injury. After six (6) months from date of injury, the injured employee may elect to receive accrued sick leave and after exhausted, vacation leave, in accordance with his/her regular hourly wage, to the extent that his/her combined sick leave or vacation leave, City supplement, (if less than the full amount authorized) and worker's workers' compensation benefits equal his/her regular weekly net take home salary. The employee must contact the payroll clerk to qualify for the combined check. It is incumbent on the employee to make application for disability in accordance with their pension plan and the insurance plan they are covered under. Failure to do this automatically cancels the additional City benefits. If the appropriate disability plan denies the claim, the additional City supplement benefit will be canceled. If the appropriate disability plan accepts the claim, the salary supplement will be canceled after issuance of the disability pension check or at the end of the time duration outlined above, whichever comes fn'st. If an employee who is receiving Worker's Compensation payment along with City supplement, sick or vacation leave, is found to be working or receiving compensation for his/her services elsewhere, during this period, he/she will be obligated to reimburse the City for all medical expenses and supplement, sick or vacation pay taken and shall be subject to dismissal. 43 City Of Boynton Beach NCF&O/SEIU Local'1227 05/27/04 ARTICLE 24 LIGHT DUTY Employees may return to work with a Light Duty Certificate and/or letter from their physician provided there is work available within the City that would comply with the Doctor's requirements. If there is no such work available the employee will remain on sick leave status until he/she has a full release to return to work from his/her doctor. 44 City Of Boynton Beach NCF&O/SEIU Local 1/227 05/27/04 ARTICLE 25 VACATION Section 1 Each full time employee shall earn vacation leave as follows: Years of Service Vacation Days Vacation Hours 1 Years 10 80 2-3 Years 15 120 4 Years 16 128 5 Years 17 136 6 Years 18 144 7 Years 19 152 8 Years 20 160 9 Years 21 168 10-15 Years 22 176 16-20 Years 24 192 21 Years & After 25 200 Section 2 Vacation leave may be taken as earned subject to the approval of the Department Head who shall schedule vacations to meet the operating requirements of the Department. Employees may accrue vacation leave to a maximum of the leave earned in the most recent two employment years. Vacation leave accrued during October 1 - September 30 may exceed this stated policy, however, any amount over the allowable maximum that has not been used during that ( October 1 - September 30 ) period will be forfeited as of September 30. However, employees who have been denied vacation shall have the excess vacation hours paid to them, at their regular straight time rate of pay in the last pay check of the fiscal year. Vacation requests must be approved or denied within thirty (30) days of the date of the request. Employees may cash in up to ninety (90) hours of vacation for emergencies or extraordinary cases of hardship if the employee has the time accrued in his/her account provided, however, the combined cash out of sick and/or vacation time in any one contract year shall not exceed ninety (90) hours. The employee may take advantage of this provision once during each year of this Agreement. In order to take advantage of this provision, the employee must retain a minimum of forty (40) hours in their annual leave bank. Section 3 This article, effective as of the ratification date by the Commission, is not retroactive. 45 City Of Boynton Beach NCF&O/SEIU Local 1227 05/27/04 ARTICLE 26 BONUS DAYS INTENT The intent of this Article is to establish a wellness program designed to minimize time lost on the job and to help reduce the City's overall health insurance expenses. The City recognizes that employees occasionally suffer from injuries or illness necessitating the use of paid sick leave time off. However, this program provides incentive to reward those employees who use sick time responsibly. ACCRUAL 1. All full time City employees covered by this policy are eligible to receive a bonus day for continuous attendance at work at the completion of each calendar quarter that the employee has not used sick time during the previous quarter, nor has been absent from work or on leave other than those paid leave categories recognized in this document. 2. Bonus days shall be counted as vacation leave and subject to the provision set forth for use of vacation. City 6f t~oynton Beach NCF&O/SEIU Local 1227 05/27/04 ARTICLE 27 HOLIDAYS Section 1. The following holidays shall be observed for employees in the bargaining unit: New Year's Day Martin Luther King, Jr. Day President's Day Memorial Day Independence Day Labor Day Veteran's Day Thanksgiving Day Day after Thanksgiving Christmas Eve Christmas Day In addition, the employee may take his or her birthday with notice to their supervisor. Birthdays that fall on a weekend may be taken on Friday or Monday without prior notice. If taken, the birthday will be charged as a vacation day. Holidays are not cumulative or interchangeable.. Section 2. For each observed holiday, a full-time employee shall be entitled to eight (8) hours of pay at the employee's regular rate of pay, except where employees are normally scheduled to work a ten (10) hour day. In that case, they shall receive then (10) hours of pay. In all events, where the employee is scheduled off for the holiday, the employee is scheduled on during a holiday, the employee shall be paid their regular rate of pay for working the holiday (time and one-half) and shall be paid straight time for the holiday. Hourly rate employees must work their regular work days immediately before and after the holiday in order to receive pay for the holiday or be in an authorized with pay status immediately before and after the holiday. Section 3. A full-time employee required to work and who actually works on an observed holiday, or on the actual calendar day of the holiday but not both, shall receive time and one-half (11/2) their regular rate of pay for all hours worked in addition to that payment provided in Section 2. Section4. Employees on vacation, annual military leave, jury duty, sick leave, funeral leave, and other absences from duty, but on active pay status on the day the holiday is observed must use the holiday on the same day that it is earned. Holidays that occur during vacation leave shall not be charged against such vacation leave. Section 5. Holidays falling on a Saturday shall be observed the preceding Friday. Holidays falling on Sunday shall be observed the following Monday. 47 City Of Boynton Beach ~' NCF&O/SEIU Eocal 1227 05/27/04 ARTICLE 28 FUNERAL LEAVE Section 1. Bargaining unit employees shall be granted time off with pay to arrange and/or attend funeral services in the event of death(s) in the immediate family as defined in Section 2 of this Article. Proof of death will be required. Such time off will not exceed five (5) working days for out of state and three (3) consecutive working days for in state. At the employee's option, five (5) working days out of state funeral leave may be taken in two (2) segments of not less than two (2) days each, provided that all five (5) days are taken within a sixty (60) day period, and documentation establishing out of state travel related to the death is provided to the Human Resources Director. Section 2. For purposes of this Article, the employee's immediate family is defined as a permanent employee's husband, wife, son, daughter, grandchild, son-in-law, daughter- in-law, father, mother, father-in-law, mother-in-law, brother, sister, grandparents, foster parents, foster child, step-mother, or step-father or step-child. Section 3. Funeral leave shall not be charged to vacation, compensatory time, or sick leave and may not be used to trigger an overtime payment in any work period unless the employee has worked in excess of 40 hours without the funeral leave computation. Section 4. The City Manager may grant additional leave under this Section, which shall be debited against the employees annual, or sick leave time or may be granted as leave without pay. 48 City Of Boynton Beach NCF&O/SEIU L6cal 1227 05/27/04 ARTICLE 29 MILITARY LEAVE Section 1. All employees in the City service who are members of military reserve units and who must attend annual training sessions are entitled to leave of absence with full pay. The City of Boynton Beach pursuant to Florida Statute 115.07 - Officers and Employees Leaves of Absence for Reserve or Guard Training, will grant up to seventeen (17) calendar days with pay each year in order that such employees may fulfill their military obligations. Section 2. Full-time permanent employees in the City service who are called to perform military service will be granted a leave of absence without pay for such service in accordance with the provisions of Public Law 93-508, Section 2021 - Right of Re- Employment of Inducted Persons; Section 2024 - Right of Persons Who Enlist or are Called to Active Duty/Reserves. Section 3. The City agrees to provide to bargaining unit members those benefits included in the Administrative Policy Manual (APM) Policy Number 06-06-06. 49 City Ofl~oynton NcF&O/~EI~U Eocal. 1227 05/27/04 ARTICLE 30 LEAVE OF ABSENCE Section 1. A regular employee may be granted leave of absence without pay for a period not to exceed one (1) year for sickness, disability or other good and sufficient reasons that are considered to be in the best interest of the City. Such leave shall require the prior approval of the Department Head, Human Resources Director and the City Manager. Employees that are on approved leave of absence without pay will be responsible for paying all of their benefits, i.e. insurance, etc. Section 2. Except under unusual circumstances, voluntary separation from the City service in order to accept employment not in the City service shall be considered as insufficient reason for approval of a request for leave of absence without pay. If for any other reason, leave of absence without pay is given, such leave of absence may subsequently be withdrawn and the employee recalled to service. Ail employees on leave of absence without pay are subject to applicable provisions of these rules. Section 3. The City shall comply with the Family and Medical Leave Act (FMLA) when granting a leave of absence under this Article. 0 City ~)f Boynt~n l~each NCF&O/SEIU Local 12 05/27/04 ARTICLE 31 UNAUTHORIZED ABSENCE FROM WORK Section 1. A bargaining Unit Member who is absent from work without authorized leave for a period of more than three days shall be deemed to have abandoned his or her job and shall be separated from employment with the City. Separation of this type shall not be considered a disciplinary separation. Section 2. However, a bargaining unit member who is absent from work without authorized leave for a period of not less than 3 days or more than 30 days, but who was physically unable to notify his/her employer or have another person notify his/her employer shall not be deemed to have abandoned his or her job and shall not be separated from employment with the City. Under these circumstances the Director, Human Resources must be provided with details of the absence and he/she must determine if just cause exists. 51 City Of Boynton Beach NCF&O/SEIU Local 1227 05/27/04 ARTICLE 32 JURY DUTY Section 1. An employee who is legally summoned to serve on a jury or as a subpoenaed witness in a case relevant to the City shall be permitted absence with pay for the time required from such duty. However, such paid time will not be used in the computation of any overtime for the pay period that the leave falls in unless the employee works in excess of 40 hours in the pay period without the calculation of the jury duty time. Section 2. If an employee is called for jury duty he/she shall promptly notify his/her immediate supervisor within five (5) days of receipt of the summons. Section 3. In the event a holiday shall occur during the period of the employee jury duty, he/she shall receive pay for such holiday at straight time. Section 4. The employee must provide the department director with proof of jury duty service, before compensation is approved. Section 5. Payment for jury duty will be made as follows: A. JURY DUTY/WITNESS FEES - All pay granted under this section must be approved by the City Manager. Leave with pay may be authorized in order that regular employees may serve required jury duty or a subpoena issued by a court of law to appear as a witness on cases relevant to the City, provided that such leave is reported in advance to the Human Resources Director. In order for the employee to receive their regular pay for such leave the employee must deposit the money that he/she receives for jury duty or as a witness with the City Finance Department for those days that coincide with his/her work schedule. Employees can keep only travel expense money. Employees subpoenaed as witnesses in cases unrelated to City business may take vacation leave in order to receive pay. City Of Boynton Beach NCF&O/SEIU Local 05/27/04 ARTICLE 33 SENIORITY & LAYOFF & RECALL For the purpose of this Contract, "seniority" shall be defined as the employee's length of continuous service with the City of Boynton Beach. The City and the Union recognize the value of an experienced workforce and agree that an employee's seniority shall be considered along with the needs of the City, when affecting decisions on vacations, promotions and shifts. Employees shall lose their seniority for the following reasons: a. Termination b. Retirement c. Resignation d. Layoff exceeding the period of recall e. Unexcused absences for three (3) or more days f. Failure to report to the human resources office intention of returning to work within five (5) days of receipt of recall as verified by certified mail. g. Failure to report from military leave within the time prescribed Layoff and recall ,of employees shall be handled in the following manner: a. The City Manager may lay-off any employees in the bargaining unit whenever such action is made necessary because of shortage of work or funds, the abolition of a position or changes in the work force. However, no regular employee shall be laid off while there are employees with less seniority or temporary or part time or provisional or probationary employees in the same classification serving in the department where the lay-off occurs. b. Whenever a layoff of one or more employees becomes necessary the City Manager shall notify the Union at least two weeks in advance of the intended action and the reasons therefore. c. Layoffs will be made in reverse order of seniority within the department. Senior laid-off employees of the department shall be able to displace (bump)junior employees who are in any equivalent or lower classification for which the bumping employee 53 City Of Boynton Beach NCF&O/SEIU Local 1227 05/27/04 is eligible for or for which he qualifies by meeting the requirements as set forth in the job description. d. Laid-off employees also shall have the right to accept the lay-off. In this connection, the laid-off employee shall have his name placed at the top of the eligibility list for any position which becomes open, and for which the employee is qualified. The employee may pass or accept placement into any such open position for a period of one year. e. Employees shall have recall rights for a period of one year from the date the lay-off took affect. Upon recall, employees shall have all seniority and benefits restored with the exception of any benefits that were cashed in during lay-off period. f=. Employees may also choose to accept the lay-off at the time of the initial lay-off and receive a severance package of nine weeks wages. In this connection, the employee may not reapply to a position within the City for one year from the date the lay-off took affect and shall not be placed on the recall list. g=. It shall be incumbent on the laid-off employee to ensure the City has information pertaining to his most recent address for the purpose of recall. Employees shall be recalled in the inverse order of the layoff. The City shall recall employees via a written document using the US Mail service. Recall letters shall be sent certified, with a return receipt requested. Employee shall have ten (10) business days to respond to the recall letter. A laid-off employee who is temporarily unable to return to work due to medical reasons shall receive an extension of recall rights not to exceed four (4) months. _ ...._/ __ 54 ~~NCF&O/SEIU LOcal 2~227 City OfBoynto~Beach. 05/27/04 ARTICLE 34 JOB POSTING AND BIDDING POLICY Job vacancies may occur which require recruitment efforts in order to fill a vacancy. This policy establishes that posting of job vacancies are required to ensure that equal employment opportunity recruitments are consistently attained for all regular status positions. BASIC REQUIREMENTS 1. No job shall be filled until the position has been posted for a period no less than ten (10) calendar days. 2. Job postings shall be on official bulletin boards, designated by the Human Resources Department. 3. Hiring procedures, such as form of application, background check, interviews, and examination, shall be established by the Human Resources Department and may be amended from time to time as appropriate. Copies of current hiring procedures shall be made available for inspection in the Human Resources Department. 4. The City shall make every effort to fill open bargaining unit positions within sixty (60) days of the position becoming vacant, except in the last quarter of the fiscal year. APPLICATION PROCEDURE 1. When a job vacancy occurs for any position, the Department Director shall submit an Employee Requisition Form to the Human Resources Department. The submission of the Employee Requisition Form begins the recruitment process. Any particular emphasis desired of duties for that job must be indicated on the Employee Requisition Form. 2. Upon receipt of the Employee Requisition Form, Human Resources will prepare and distribute a notice of the position vacancy called a "Job Opportunity". Job Opportunities shall be dated and posted for a minimum often (10) calendar days. 3. Unless otherwise indicated by Human Resources, job postings will be without an established Closing Date. 4. Job Opportunities shall contain information such as position title, salary range, closing date (if indicated), and minimum requirements inclusive of education and experience, among other things. 5. Advertising of Job Opportunities will be made available to current City employees by posting or publication and to the general public and will be coordinated by the Human Resources Department at the same time. 6. If a Closing Date has been established and no applicant is recommended for employment from the pool of applicants who applied prior to a Closing Sate, the posting procedure may be commenced again at the discretion of the Department Head with the approval of the Human Resources Director. City Of Boynton Beach NCF&O/SEIU Local 1527 05/27/04 7. Temporary or seasonal positions do not require job postings due to the nature of the employment relationships which is intended to be of a temporary or seasonal duration, and which has no benefits attached. 56 City Of Boynton Beach ~ NCF&O/SEIU Local 1227 05/27/04 ARTICLE 35 SAFETY AND HEALTH Section 1. The City shall comply with all State and Federal regulations pertaining to the occupational safety of the members of this bargaining unit. The City has and will maintain a safe and healthy working environment for bargaining unit employees. Section 2. During the term of this agreement, employees who are so designated by the Safety Committee will receive a shoe stipend each year for safety shoes/boots as follows: 10-01-03/04 $175.00 The City Safety Committee will be responsible for deciding which positions require the wearing of safety shoes/boots based on the OSHA standards and recommendations. Management shall determine the type and quality of each shoe. Employees may utilize the shoe allowance to purchase as many pairs of shoes that they believe they will require in a year. Employees may purchase all the shoes at once or they may purchase the shoes one pair at a time. The employee must present a receipt to his/her supervisor to be reimbursed for the shoes up to the total amount of the shoe stipend provided by the City each year. Any portion of the annual allowance not utilized by the employee will be paid to the employee during the last paycheck of the fiscal year. The City shall provide specialty shoes/boots as necessary, at no cost to the employee, such as DJ-electric boots or after documentation from a physician indicating a medical condition exists. Section 3. The City shall make available immunization shots for tetanus, hepatitis, and diphtheria for all members of the bargaining unit as requested on a voluntary basis. Section 4. This article, effective as of the ratification date by the Commission, is not retroactive. 57 City Of Boynton B~ach - NCF&O/SEIU Local '1227 05/27/04 ARTICLE 36 INSURANCE The City shall pay the total medical, hospitalization, and dental insurance premium for all regular employees. The employees will pay the full cost of medical, hospitalization and dental insurance for their dependents. Existing or comparable coverage shall remain in effect for the duration of this Agreement; however in the event the City can provide for alternative equivalent benefits options for employees then the health insurance coverage for the employee and their dependents may be amended from time to time. In this connection, should the employees' cost to provide dependent coverage for their dependents increase more than 15 % during any fiscal year, the City agrees to open this Article for the purpose of impact bargaining. The selection of insurance coverage shall be made on an annual basis by the City. To that end, the City will form an insurance committee to be comprised of an equal number of non-represented members who are appointed by the City Manager and two members from each of the city's bargaining units. Bargaining unit representatives shall be designated by the Union. The final decision regarding selection of coverage is reserved to the City, but the City shall strongly consider input and recommendations from the insurance committee. - '~NCF&O/SEIU Local Y~/227 City Of Boynton Beach 05/27/04 ARTICLE 37 PERSONNEL FILES The employee shall be allowed to place written responses in their personnel file and/or departmental work file when those responses relate to material placed into the personnel file ;vhich has been prepared by the supervisors (i.e. reprimands, written comments). A personnel file for all City employees is maintained by the City's Human Resources Department. If a request is made to review an employee's personnel file by someone other than the Department Director, the Human Resources Department Staff or the City Manager's office, a notice will be sent to the employee notifying him/her of such a request. Consistent with State law, the City agrees that upon request, a member shall have the right to inspect his/her own personnel records and shall have the right to make one duplicate copy of his/her records at no expense. Additional copies may be obtained at the employee's expense. The City will purge personnel files in accordance with appropriate Florida State Statutes. The employee file maintained by the Human Resources Department shall be the official file for each employee. 59 City Of Boynton Beach v NCF&O/SI~IU l~ocal 1'227 05/27/04 ARTICLE 38 TUITION REIMBURSEMENT The City agrees to provide to bargaining unit members those benefits included in Administrative Policy Manual (APM) Number 04-01-03, Tuition Assistance Program. See Exhibit Attached. City Of Boynton Beach NCF&O/SEIU Local 1227 05/27/04 ARTICLE 39 GENERAL PROVISIONS Section 1. The City and the Union agrees to share in the cost of reproducing this Agreement, except that the parties agree to provide the contract through the intemet during the term of this agreement. The City will make the Agreement available on the City's Shared Drive. Section 2. Except in the case of negligence or misuse all employees requested to furnish tools for their job shall receive replacement tools for tools broken in performance of the City's work provided they furnish the City with a list of their personal tools approved by their department head. Employees who are assigned City-provided tools, materials and items of value to perform their job, and who lose those tools, materials and items of value, shall be responsible for replacing those lost tools, materials and items of value. Tools stolen from their assigned City-owned vehicle or City property shall be replaced by the City, if there was no negligence in their loss. In the event that the employee was negligent, the employee shall be responsible for the replacement of the stolen tools. Section 3. The employee shall be allowed to place written refutations and or responses into their personnel file and/or departmental work file when those refutations or responses relate to material placed into the personnel file that has been prepared by supervisors. Section 4. The City's Human Resources Department maintains a personnel file for all City employees. Consistent with State law, the City agrees that upon request, a member shall have the right to inspect his/her own personnel records and shall have the right to make duplicate copies of his/her records at no expense. The City may destroy personnel files in accordance with appropriate Florida State Statues. The employee file maintained by the Human Resources Department shall be the official file for each employee. Except for unlawful misconduct, disciplinary actions older than a two (2) year time frame shall not be referred to or considered in any current disciplinary action. Section 5. For the term of this agreement, employees who are required to wear~ uniforms shall receive the same number of uniform pieces allocated to them prior to the ratification of the agreement. The cost of the uniforms shall be borne by the City. Section 6. Employees who are not required to wear uniforms shall be allowed to continue to wear City polo shirts in the color choice of the City. The City shall provide seven (7) polo shirts to each employee on their anniversary date. The cost of uniforms and/or polo shirts shall be borne by the City. 61 City Of Boynton Beach 05/27/04 Section 7. No alcoholic beverages are to be purchased or consumed while ~vearing a City polo shirt. Section 8. Automobile Allowance - Employees who are employed in the Building and Occupational License Department, and who are regularly required to use their personal vehicle for City business shall receive a $490.00 monthly car allowance. Section 9. Car allowances are effective as of the ratification date by the Commission and are not retroactive. 62 City Of Boynton Beach NCF&O2'SEIU Local fl 227 05/27/04 ARTICLE 40 DUES DEDtlCTION Section 1. For all union business, employees covered by this agreement should first contact their union steward. Employees covered by this Agreement may on the prescribed form, authorize payroll deduction for the purpose of paying LOCAL 1227 dues deductions and/or COPE deductions. Employees shall receive copies of the form from either the City Finance Department or their Union office. Section 2. The Union will initially notify the City as to the amount of dues and COPE deductions. Such notification will be certified to the City in writing over the signature of an authorized officer of the Union. Changes in Union membership or COPE dues will be similarly certified to the City and shall be done at least one (1) month in advance of the effective date of such change. To revoke the payment of Union dues or COPE deductions, the employee shall go to the Union office and Union staff shall prepare and mail notice of such change to the City's Finance Department. Section 3. Dues shall be deducted each pay period and remitted monthly and the funds shall be remitted along with a list of employees contributing to the Treasurer of LOCAL 1227 within fifteen (15) days after the end of the month. The Union will indemnify, defend and hold the City harmless against any claims made or suits instituted against the City on account of payroll deduction of Union dues. COPE deductions will be remitted to the union in a separate check on a quarterly basis beginning April 2004. Section 4. For the purpose of putting this article into effect, the Union will furnish forms for such individual authorization reading as follows: 63 City Of Boynton Beach NCF&O/gEIU Local ~1227 05/27/04 NOTICE TO CITY AND UNION AUTHORIZATION FOR DEDUCTION/DISCONTINUATION OF UNION DUES I hereby authorize my City to deduct from my salary each pay period my Union dues, as certified to the City by the Union, and to transmit this amount to the Treasurer of the Union. I hereby authorize my employer to deduct from my salary each pay period my COPE deduction of $1.00 per week, as certified to the employer by the union, and to transmit this amount to the Treasurer of the union. I understand that this authorization is voluntary and I may revoke it at any time by giving my City and the Union thirty (30) days advance notice in writing. Date Signature Job Title Name Primed Social Security No. City Of Boynton Beach NCF&O/SEIU Local 1227 05/27/04 ARTICLE 41 PENSION Employees will continue to participate in the employees pension plan of the City of Boynton Beach Ordinance No. 88-43, as amended. A copy of the plan's annual actuarial valuation report will be provided to the Union, in its entirety, upon request from the Union. 65 City Of Boynton Behch NCF&O/SEIU Local 1227 05/27/04 ARTICLE 42 SIJBSTANCE ABUSE Section 1. The NCFO, LOCAL 1227 recognizes and supports the City's Drug Free Workplace Policy as adopted in Ordnance No. 92-51 and will work with the City to enforce the provisions of the policy. The City's Drug Free Workplace Policy applies to all members of this bargaining unit. Drug testing procedures and positive test levels shall be as set forth in Florida Statute 112.0445, Florida's Drug Free Workplace Act, and FAC 4L-9.015. Positive test levels for employees who are engaged in operation of vehicles or equipment and covered by other state or federal regulations shall be as established by those regulations. 66 City Of Boynton Beach NCF&O/SEIU Local 1227 05/27/04 ARTICLE 43 PROBATIONARY PERIOD Section 1. All newly hired or rehired employees shall be subject to a probationary period of one (1) year. Section 2. All promoted employees shall be subject to a probationary period of six (6) months. 67 City ~f Boynton B~ach NCF&O/SEt'U Local 1227 05/27/04 ARTICLE 44 LONGEVITY BENEFIT Section 1. Employees eligible are those employees who: a. Have been employed with the City on a regular full-time basis and continuous basis for a minimum of five (5) years b. Have an overall "Meets Standards: or above rating on the previous employee evaluation Section 2. Employees will receive a cash Lump Sum Bonus as follows: On the employees fifth (5th) anniversary a lump sum payment of $500.00. On the employees tenth (10th) anniversary a lump sum bonus payment of $1000.00. On the employees fifteenth (15th) anniversary a lump sum bonus payment of $1,500.00. On the employees twentieth (20t~) anniversary a lump sum bonus payment of $2,000.00. On the employees twenty-fifth (25th) anniversary a lump sum bonus payment of $2,500.00. On the employees thirtieth (30th) anniversary a lump sum bonus payment of $3,000.00. On the employees thirty-fifth (35th) anniversary a lump sum bonus payment of $3,500.00. On the employees fortieth (40th) anniversary a lump sum bonus payment of $4,000.00. Section 3. Any pay earned for Longevity Benefits is subject to required Federal deductions. Section 4. Employees who terminate from the City employment prior to their hire anniversary date will not be entitled to benefits. Section 5. This article, effective as of the ratification date by the Commission, is not retroactive. 68 City Of Boynton Beach NCF&O/SEIU Local 1227 05/27/04 ARTICLE 45 BONUS INCREASES In addition to any other monetary benefit, the City Manager is authorized to approve a bonus of $500.00 when such a bonus justified, in writing, on the prescribed forms by the Department Head. This bonus will not affect the employees pay grade and step. Funds for the bonus will be budgeted as a separate allowance and administered under the direct control of the City Manager. Employees are not automatically entitled to bonus is a system where top performance can be recognized by the immediate supervisor and prompt rewards can be made at the discretion of the supervisor provided the department head concurs. This top performance must be substantiated by the supervisor and the Department Head using the prescribed forms furnished by the City Manager. 69 City Of Boynton Beach O 1227 05/27/04 ARTICLE 46 MANAGEMENT RIGHTS Section 1. Except and only to the extent that specific provisions of this Agreement expressly provide otherwise, it is hereby mutually agreed that the City has and will continue to retain, the right to organize, plan, direct, control, operate and manage its affairs and those of its employees in whatever manner it deems appropriate in each and every respect. The parties to this Agreement hereby agree that, in construing this section, the legal principle that "the expression of one item is the exclusion of another" shall not apply. Rather, full effect shall be given to the intention of the parties that management shall retain ali constitutional, ordinance, inherent, common law, or other rights except to the extent specific provisions of this Agreement expressly provide otherwise. The Union recognizes the prerogatives of the City to operate and manage its affairs in all respects; and the powers and authority which the City has not abridged, delegated or modified by this Agreement are retained by the City. The rights reserved to the sole discretion of the City shall include, but not be limited to, the right: A. To determine the purpose and mission of the City and all its employees, to determine the amount of budget to be adopted, and to exercise control and discretion over the organization and operation of the City in all respects including the right to determine whether goods or services are to be made, provided or purchased and to decide the design and maintenance of the departments, facilities, supplies and equipment. B. To maintain economic stability. C. To change or eliminate existing methods of operation, equipment, or facilities and to adopt and implement technological changes or improvements including, but not limited to, vehicles, and all other materials or supplies. D. To determine the methods, income and personnel by which such operations are to be conducted including the right to contract and sub- contract existing and future work. E. To select, hire, test, classify, promote, train, assign, retain, evaluate, lay- off, schedule, and determine the qualifications of all employees. F. To suspend, demote, discharge, reprimand, or take other disciplinary action against employees for just cause. G. To determine the organization of City government. 70 City~f 'Boynton Beach OL( ~ ~/~tr 05/27/04 H. To determine the purpose and extent of each of its constituents, departments and positions therein. I. To set standards for service to be offered to the public, and standards for the performance of duties of job assignments. J. To manage and direct the work of the employees of the City, including the right to assign work and overtime. K. To establish, determine, implement and maintain effective internal security practices. L. To determine the number, type and grades of positions or employees assigned to an organizational unit, department or project. M. To determine lunch, rest periods, and clean-up times, the starting and quitting time, and the number of hours to be worked. Work schedules will be posted, and will not be altered in the midst of normal pay periods. N. To adopt or enforce cost or general improvement programs. O. In a civil emergency, to use personnel in any lawful manner. Section 2. If, in the sole discretion of the City, it is determined that civil emergency conditions exist, including, bdt not limited to, riots, civil disorders, hurricane conditions, tornado, national emergencies, or other emergency conditions, the provisions of this Agreement may be suspended by the City during the time of the declared emergency. Section 3. The City has the right to impose something that is unilateral in nature, and the Union has the right to object to that decision. If the City does impose something on a unilateral basis and the Union after notice fails to object to that decision within six (6) months, it shall be considered finally imposed. 71 City Of Boynton Beach NCF&O/SEIU Local 1227 05/27/04 ARTICLE 47 LABOR-MANAGEMENT A joint labor/management committee composed of an equal number of representatives from the union and management shall meet within thirty (30) days of the ratification of this agreement to study and make recommendations on ways to minimize overtime costs, standby costs, and improve working conditions for employees, or to take up other subjects as determined by the committee. During the first meeting, the committee shall determine a meeting schedule to be implemented. 72 City Of Boynton Beach NCF&O/SEIU Local 1227 05/27/04 ARTICLE 48 SAVINGS CLAUSE If any article or section of this Agreement should be found invalid, unlawful or not enforceable, due to any existing or subsequently enacted legislation or by judicial authority, all other articles and sections of this Agreement shall remain in full force and effect for the duration of this Agreement. 73 City Of Boynton ~ea~h NCF&O/SElXtJ L0~al 1227 05/27/04 ARTICLE 49 MAINTENANCE OF CONDITIONS Except as provided herein, the status quo as it pertains to conditions shall remain in effect for the duration of this Agreement. Changes to rules and regulations which reflect standing policy, past practices, management rights, minor changes, and changes which do not impact on members of this unit may be made by the City upon notification to the Union. There is no non-salary (age or allowance) monetary benefit, except as set forth or incorporated by reference in this Agreement. 74 City O3 Boynton l~e~ch " NCF~O/SESlU LOcal 1'227 05/27/04 ARTICLE 50 POSTING OF AGREEMENT The City will maintain a copy of this Agreement for inspection in the Human Resource Department. 75 City ~f-Boynton Beach NCF&O/S~IU Local 1227 05/27/04 ARTICLE 51 COLLATERAL DOCUMENTS Section 1. This Collective Bargaining Agreement does not exist in a void. Provisions of the City's PPM, APM, Departmental Rules, and other policies established by resolution or ordinance (collectively referred to as collateral documents), which have been presented and agreed to by the union are applicable to bargaining unit members unless addressed in this agreement. In the event of a conflict between the terms of this agreement and any other collateral document, the terms of this agreement shall control. City ~f-Boynton Beach NCF&O/S al 1227 05/27/04 ARTICLE 52 DURATION Section 1. This Agreement shall become effective on ratification by both parties as prescribed by Chapter 447, Florida Statutes and remain in full force and effect until September 30, 2006. Wage and benefit levels existing on September 30, 2006 shall constitute the status quo during any period of negotiations for a successor agreement. Agreed to this __ day of ,2004 by and between the respective parties through the authorized representatives of the Union and the City. NATIONAL CONFERENCE OF FIREMEN & OILERS, SEIU, AFL-CIO,CLC LOCAL TRUSTEE Witness Sharon Munley Witness CITY OF BOYNTON BEACH MAYOR Witness Jerry Taylor ATTEST CITY CLERK Witness Janet Prainito APPROVED AS TO FORM AND CORRECTNESS CITY ATTORNEY CITY MANAGER James Cherof Kurt Bressner Date ratified by Commission: Date ratified by Union: 77 Ci~ O~ Boynton Beach NCF&O/SEIU Local 1227 VI.-CONSENT AGENDA CITY OF BOYNTON BEAC] ITEM C. lO 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 [] April6,2004 MarchlS, 2004 (Noon.) [] Junel,2004 May l7, 2004 (Noon) [] .April 20, 2004 April 5, 2004 (Noon) [] June 15, 2004 May 31,2004 (Noon) [] May 4, 2004 April 19, 2004 (Noon) [] July 6, 2004 June 14, 2004 (Noon) [] May 18, 2004 May 3, 2004 (Noon) [] July 20, 2004 July 5, 2004 (Noon) [] Administrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements []Unfmished Business RECOMMENDATION: Motion to approve Resolution authorizing execution of cooperative funding agreement no. DG040192 with the South Florida Water Management District, that will provide $50,000 in funding from the District for the North Federal Highway West Side and Park Irrigation Conservation Project. EXPLANATION: This project will include the installation of one irrigation well, the conversion of existing irrigation systems to a drip- or iow-flow system, and the installation of suitable landscaping along Federal Highway from the Boynton Canal northward to the City Limits. It will also include the partial conversion of existing irrigation and landscaping within Boat Club Park and Intracoastal Park, and the construction of an irrigation well at each park. The cooperative funding agreement requires that the City of Boynton Beach complete the project within one year from approval of the agreement, submit a final schedule, submit a 6-month progress report, and provide all supporting documentation at the completion of the project in order to obtain reimbursement of $50,000 of the project cost. The agreement also includes stipulations governing those eligible uses for the grant funding. PROGRAM IMPACT: Completion of this project will reduce the demand upon the City's potable water system by re- directing that demand to non-potable sources, while also reducing the overall demand for irrigation along N. Federal Highway and the two parks. S:\BULLET1N~FORMS\AGENDA lTEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM FISCAL IMPACT: The estimated cost for the project portions covered by the grant is $125,180 of which $50,000 is reimbursable. This amount does not include costs for engineering, permitting, and the capital cost of the trunk line along Federal Highway. ALTERNATIYES: Continue to use potable water for irrigating the subject areas, and maintain landscaping with a higher irrigation demand than~that which is proposed by this grant project. ( Departmentl~'~d'sSidture ! -"'""'City Manager's Signature UTILITIES Department Name City Attorney / Finance / Human Resources XC: Dale Sugerman (w/copy of attachments) Peter Mazzella Barbara Conboy " Louis LeVenton Debbie Majors, Recreation Bill Atkins, Finance Dept. File " S:\BULLETIN~ORMS\AGENDA ITEM REQUEST FORM.DOC OSOUTH FLORIDA WATER MANAGEMENT DISTRICT 3301 Gun Club Road, YVest Palm Beach, Florida 33406 · (561) 686-8800 · FL WATS 1-800-432-2045 · TDD (561) 697-2574 Mailing Address: P.O. Box 24680, West Palm Beach, FL 334164680 ° ww~:sfwmd.gov ADM 28-06 May18,2004 Mr. Louis Le-Venton City of Boynton Beach Utilities Department 124 E Woolbright Road Boynton Beach, FL 33435 Subject: Contract No. DG040192 Drip Irrigation System in Two Parks Dear Mr. Le-Venton: Enclosed are two (2) copies of the subject contract. Please have them signed and dated by an individual with signature authority on behalf of your organization. Return both copies to my attention. A fully signed contract will be returned to you upon execution by the District. Kindly return the executed documents within ten (10) business days of receipt. Please include doctLmentation to demonstrate official delegation of signature authority on behalf of your firm up to the contract monetary limits. Note that this contract is not binding on the parties until it is approved by the appropriate level of authority within the District and executed by both parties. Your cooperation and timely response will be greatly appreciated. Should there be any questions, please contact me at (561) 682-2536. Sincerely, Penelope Burger Associate Contract Specialist Procurement Department Enclosure c: w/attachment Jane Bucca, 4350 GOVERNING BOARD EXECUTIVE OFFICE NicolAs J. Guti&rrez, Jr., Esq., Chair Michael Collins Kevin McCarty Hem-5, Dean, Executive Director Pamela Brooks-Thomas, I/ice-Chair Hugh M. English Harkley R. Thornton Irela M. Bagu& Lermart E. Lindahl, P.E. Trudi K. Williams, P.E. 1 RESOLUTION NO. R04 - 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, AUTHORIZING AND DIRECTING THE CITY 5 MANAGER TO EXECUTE A COOPERATIVE FUNDING 6 AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH 7 AND SOUTH FLORIDA WATER MANAGEMENT DISTRICT, 8 PROVIDING FOR A $50,000.00 GRANT FOR THE NORTH 9 FEDERAL HIGHWAY x,VEST SIDE AND PARK IRRIGATION 10 CONSERVATION PROJECT; AND PROVIDING AN 11 EFFECTIVE DATE. 13 WHEREAS, the City of Boynton Beach has been awarded a $50,000 grant from the 14 ¢outh Florida Water Management District Savings Incentive Program; and 15 WHEREAS, the City will be installing the drip irrigation system from the C- 16 canal 16 Intracoastal Park and Boat Club Park having an anticipated project cost of $125,180.00; 18 WHERAS, with the award of this grant, the South Florida Water Management 19 has agreed to reimburse the City for construction costs in an amount not to exceed 20 ~50,000. 21 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 22 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 23 24 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 25 true and correct and are hereby made a specific part of this Resolution upon adoption 26 27 Section 2. The City Commission of the City of Boynton Beach hereby authorizes 28 the City Manager to execute a Cooperative Funding Agreement between the City 29 Beach and the South Florida Water Management District in connection with the 30 ghway Westside and Park Irrigation Conservation Project; a copy of which Water Management Grant 1 ~s attached hereto as Exhibit "A". 2 Section 2. This Resolution shall become effective immediately upon passage. 3 PASSED AND ADOPTED this __ day of June, 2004. 4 5 6 CITY OF BOYNTON BEACH, FLORIDA 7 9 Mayor 10 12 Vice Mayor 13 14 15 Commissioner 16 18 Commissioner 2O 21 Commissioner 22 kTTEST: 23 24 25 ~'ity Clerk 26 27 28 29 a/reso/agreements/grants/South Flodda Water Management Grant ORIGINAL 2003-2004 SOUTH FLORIDA WATER MANAGEMENT DISTRICT WATER SAVINGS INCENTIVE PROGRAM COOPERATIVE FUNDING AGREEMENT City of Boynton Beach Louis Le-Venton, Conservation Coordinator Address: 124 East Woolbright Road Boynton Beach, Florida 33435 Telephone No: i: i ii : ": (561) 742-6426 :i:] ~ Fax No: (561) 742-6299 ~ .: SFWMD Project Manager: Jane Bucca Address: 3301 Gun Club Road West Palm Beach, F1 33406 Telephone No: (561) 682-6791 Fax No: 561) 681-6264 Insurance: Not Applicable Federal Employer Identification Number: 56-6000282 Project Title: North Federal Highway West Side and Park Irrigation Conservation. Description: C-16 canal to north city limit on west side of Federal Hwy. and Lntracoastal and Boat Club Parks. Agreement No. DG040192 Page I of 10 This Agreement is entered into between "the Parties", the South Florida Water Management District (SFWMD), the "District", and the undersigned Applicant, hereinafter referred to as the "Recipient." The Recipient warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms and conditions of this Agreement, and shall abide by all legal, financial, and reporting requirements, such as matching funds and final reports for all funding received by the Recipient from the District. ARTICLE I - PROJECT 1.1 The Recipient shall, to the satisfaction of the District, fully and timely install and perform all work items described in the "Statement of Work," attached hereto as Exhibit "C", and made a part of this Agreement. 1.2 As part of the services to be provided by the Recipient under this Agreement, the Recipient shall substantiate, in whatever form reasonably requested by the District, any supporting documentation utilized as a basis for payment by the District. This paragraph shall survive the expiration or termination of this Agreement. 1.3 The Recipient Shall submit to the District, proof of Florida Department of Environmental Protection and SFWMD permit applications as part of the documentation package (Refer to Article 8.5). ARTICLE 2 - TERM OF THE AGREEMENT 2.1 The period of performance of this Agreement shall commence upon the last date of execution of this Agreement and shall continue for a period of one (1) year. ARTICLE 3 - COMPENSATION/CONSIDERATION 3. l As consideration for providing the goods and services required by this Agreement, the District shall pay the Recipient the funding amount as specified on front page. Such amount is a not to exceed amount and therefore, no additional consideration shall be authorized. Recipient must provide at least fifty (50) percent of the total project cost, with the exception of designated REDI communities. Agreement No. DG040192 Page 2 of 10 3.2 The Recipient assumes sole responsibility for all xvork, which is performed pursuant to Exhibit "C". By providing funding hereunder, the District does not make any warranty, guaranty, or any representation whatsoever regarding any of the work performed hereunder, including but not limited to the adequacy or sufficiency of all or any part of work described in Exhibit "C". 3.3 The Recipient hereby agrees that it shall not use District funding for any work associated with the design and permitting aspects of the Project. District funds shall only be used for non-capital costs for the purchase and installation activities described in Exhibit "C". ARTICLE 4 - FUNDING PAYMENTS AND REPORTING 4. l The District shall make payment to the Recipient upon completion and acceptance of the final deliverable as described in Exhibit "C". The Recipient shall provide certification that all installation has been completed in accordance with Exhibit "C" of this Agreement. 4.2 The Recipient's invoice shall reference the District's Contract Number and shall be sent to the Project Manager at the address stated on the first page of this Agreement. The Recipient shall not submit an invoice to any other address at the District. 4.3 The District shall have the fight to inspect all work and review final reports before authorization of payment is made to the Recipient. It is the policy of the District that payment for all goods and services shall be made in a timely manner and that interest payments are made on late payments. In accordance with Florida Statutes, Section 218.70, Florida Prompt Payment Act, a "proper" invoice is defined as an invoice that conforms to all statutory requirements and all District requirements as set forth in the Agreement for invoice submission. The time at which payment shall be due from the District shall be forty-five (45) days from receipt of a proper invoice and acceptance of services and/or deliverables, based on compliance with the statutory requirements set forth in Section 218.70, F.S. and upon satisfaction of the District conditions as detailed in the Agreement. Failure of the Recipient to follow the instructions set forth in the Agreement regarding a proper invoice and acceptable services and/or deliverables may result in an unavoidable delay in payment by the District. All payments due from the District for a proper invoice and acceptable services and/or deliverables and not made within the time specified in this section shall bear interest from thirty (30) days after the due date at the rate of one percent (1%) per month on the unpaid balance. The Recipient shall invoice the District for payment of any accrued unpaid interest. Agreement No. DG040192 Page 3 of 10 Any disputes regarding invoice payments which cannot be resolved by the appropriate department of the District shall be concluded by final written decision of the District Leadership Team not later than sixty (60) days after the date on which the proper invoice was received by the District. 4.4 Upon award of the Agreement, the Recipient shall provide to the District a detailed schedule of the Project. The Recipient shall provide three (3) copies of progress reports every six months to the District, which shall describe the extent of Project completion. Upon request by the District, the Recipient shall provide as supporting documentation, all work products associated with the completion of the tasks designated in the Work Breakdown Structure Exhibit "C", and Schedule of Tasks and Deliverables Exhibit "D", attached to this Agreement. ARTICLE 5 - PROJECT MANAGEMENT 5.1 The Parties shall direct all matters arising in connection with the performance of this Agreement, other than invoices and notices, to the attention of the Project Managers. The Project Managers shall be responsible for overall coordination and oversight relating to the perfo~ance of this Agreement. 5.2 All notices, demands, or Other communications to the Recipient under this Agreement shall be in writing and 'shall be deemed received if sent by certified mail, return receipt requested, to the address stated. All notices to the District under this Agreement shall be in writing and sent by certified mail to: South Florida Water Management District Attn: (District Project Manager's name as stated on the first page of the Agreement) (Address as stated on the first page of the Agreement) 5.3 All notices required by this Agreement shall be considered delivered upon receipt. Should either Party change 'its address, written notice of such new address shall promptly be sent to the other Party. 5.4 All correspondence to the District under this Agreement shall reference the District's Contract Number. : Agreement No. DG040192 Page 4 of 10 ARTICLE 6 - TERMINATION / REMEDIES 6.1 It is the policy of the District to encourage good business practices by requiring recipients to materially perform in accordance with the terms and conditions of the Agreement. In accordance with District Rule 40E-7, Part II, F.A.C., "material breach" is defined as any substantial, unexcused non-performance by failing to perform an act that is an important part of thc transaction or performing an act inconsistent with the terms and conditions of the Agreement. If the Recipient materially fails to fulfill its obligations under this Agreement, the District will provide written notice of the deficiency by forwarding a Cure Notice citing the specific nature of the material breach. The Recipient shall have thirty (30) days to cure the breach. If the Recipient fails to cure the breach within the thirty (30) day period, the District shall issue a Termination for Default Notice. Once the District has notified the Recipient that it has materially breached its contract with the District, by sending a Termination for Default Notice, the District's Governing Board shall determine whether the Recipient should be suspended from doing future work with the District, and if so, for what period of time. The District's Governing Board will consider the factors detailed in Rule 40E-7, Part Il, F.A.C. in. making a determination as to whether a Recipient should be suspended, a~d if so, for what period of time. Should the District terminate for default in accordance with this provision, the District shall be entitled to recover reprocurement costs in addition to all other remedies under law and/or equity. 6.2 The District may terminate this Agreement at any time for convenience upon thirty (30) calendar days prior written notice to the Recipient. The performance of work under this Agreement may be terminated by the District in accordance with this clause in whole, or from time to time in part, whenever the District shall determine that such termination is in the best interest of the District. Any such termination shall be effected by delivery to the Recipient of a Notice of Termination specifying the extent to which performance of work under the Agreement is terminated, and the date upon which such termination becomes effective. In the event of termination, the District shall compensate the Recipient for all authorized and accepted work performed through the termination date. The District shall be relieved of any and all future obligations hereunder, including but not limited to, lost profits and consequential damages under this Agreement. The District may withhold all payments to the Recipient for such work until such time as the District determines the exact amount due to the Recipient. 6.3 In the event a dispute arises, which the Project Managers cannot resolve between themselves, the Parties shall have the option to submit to non-binding mediation. The mediator or mediators shall be impartial, shall be selected by the Parties, and the cost of the mediation shall be borne equally by the Parties. The mediation process shall be confidential to the extent permitted by law. Agreement No. DG040192 Page 5 of 10 ARTICLE 7 - RECORDS RETENTION 7.1 The Recipient shall maintain records and the District shall have inspection and audit rights as follows: A. Maintenance of Records. The Recipient shall maintain all financial and non- financial records and reports directly or indirectly related to the negotiation or performance of this Agreement, including supporting documentation for any service rates, expenses, research or reports. Such records shall be maintained and made available for inspection for a period of five (5) years from completing performance and receiving final payment under this Agreement. B. Examination of Records. The District or its designated agent shall have the right to examine in accordance with generally accepted governmental auditing standards all records directly or indirectly related to this Agreement. Such examination may be made only within five (5) years fi.om the date of final payment under this Agreement and upon reasonable notice, time and place. C. Extended Availability of Records for Legal Disputes. In the event that the District should become involved in a legal dispute with a third party arising from performance under this Agreement, the Recipient shall extend the period of maintenance for all records relating to the Agreement until the final disposition of the legal dispute, and all' such records shall be made readily available to the District. D. Periodic Audits. The District shall perform audits periodically to ensure funding objectives are being met. ARTICLE 8 - STANDARDS OF COMPLIANCE 8.1 The Recipient, its employees, subcontractors or assigns, shall comply with all applicable federal, state, and local laws and regulations relating to the performance of this Agreement. The District undertakes no duty to ensure such compliance, but will attempt to advise the Recipient, upon request, as to any such laws of which it has present knowledge. 8.2 The laws of the State of Florida shall govern all aspects of this Agreement. In the event it is necessary for either party to initiate legal action regarding this Agreement, venue shall be in the Fifteenth Judicial Circuit for claims under state law and in the Southern District of Florida for any claims, which are justifiable in federal court. Agreement No. DG040192 Page 6 of I0 8.3 The Recipient shall allow public access to all Project documents and materials in accordance with the provisions of Chapter 119, Florida Statutes. Should the Recipient assert any exemptions to the requirements of Chapter 119 and related Statutes, the burden of establishing such exemption, by way of injunctive or other relief as provided by law, shall be upon the Recipient. 8.4 Pursuant to Section 216.347, Florida Statutes, the Recipient is prohibited from the expenditure of any funds under this Agreement to lobby the Legislature, the judicial branch, or another state agency. 8.5 The Recipient shall obtain, at its sole expense, all necessary licenses, authorizations and permits from the appropriate private party or federal, state, municipal or local agency, and other governmental approvals, prior to commencing performance of this Agreement. A delay in obtaining permits shall not give rise to a claim by the Recipient for additional compensation. If the Recipient is unable to obtain all necessary permits in a timely manner, either party may elect to terminate this Agreement, each party to bear its own costs, notwithstanding other provisions of this Agreement to the contrary. 8.6 The Recipient hereby assures that no person shall be excluded on the grounds of race, color, creed, national origin, handicap,: i age; or sex, fi.om participation in, denied the benefits of, or is otherwise subjected to discrimination in any activity under this Agreement. The Recipient shall take all measures necessary to effectuate these assurances. ARTICLE 9 - INDEMNIFICATION 9.1 For value received, which is hereby acknowledged, the Recipient shall defend, indemnify, save, and hold the District, its officers, directors, board members, agents, assigns, and employees harmless fi.om liabilities, damages, losses, and costs, including, but not limited to reasonable attomey's fees, to the extent caused by the negligence, recklessness or intentionally wrongful conduct of the Recipient and other persons employed or Utilized by the Recipient in the performance of the Agreement. The District shall have the right to approve counsel selected by the Recipient to defend the District in the event the District is named in any legal action. The Recipient further acknowledges that it is solely responsible for ensuring its compliance and the compliance of its subcontractors, suppliers, agents, assigns, invitees and employees with the terms of this Agreement. This paragraph shall survive the expiration or termination of this Agreement. Agreement No. DG040192 Page 7 of 10 ARTICLE 10 - RELATIONSHIP BETWEEN THE PARTIES 10.1 The Recipient shall be considered an independent contractor and neither party shall be considered an employee or agent of the other party. Nothing in this Agreement shall be interpreted to establish any relationship other than that of an independent contractor between the parties and their respective employees, agents, subcontractors, or assigns during or after the performance of this Agreement. Both parties are free to enter into contracts with other parties for similar services. 10.2 The Recipient shah not assign, delegate or otherwise transfer its rights and obligations as set forth in the Agreement without the prior written consent of the District. Any attempted assignment in violation of this provision shall be null and void. 10.3 It is the intent and understanding of the Parties that this Agreement is solely for the benefit of the Recipient and the District. No person or entity other than the Recipient or the District shall have any rights or privileges under this Agreement in any capacity whatsoever, either as third-party beneficiary or otherwise. ARTICLE 11 - GENERAL PROVISIONS l 1.1 Notwithstanding any provisions of this Agreement t° the. contrary, the Parties shall not be held liable for any failure or delay in the performance of this Agreement that arises from fires, floods, strikes, embargoes, acts of the public enemy, unusually severe weather, outbreak of war, restraint of government, riots, civil commotion, force majeure, act of God, or for any other cause of the same character which is unavoidable through the exercise of due care and beyond the control of the Parties. Failure to perform shall be excused during the continuance of such circumstances, but this Agreement shall otherwise remain in effect. 11.2 Any inconsistency in this Agreement shall be resolved by giving precedence in the following order: (a) Terms and Conditions outlined in Articles 1-I 1 (b) Exhibit "C" Statement of Work (c) All other exhibits, attachments and documents specifically incorporated herein by reference 11.3 Failures or waivers to insist on strict performance of any covenant, condition, or provision of this Agreement by the Parties, their successors and assigns shall not be deemed a waiver of any of its rights or remedies, nor shall it reheve the other Party from performing any subsequent obligations strictly in accordance with the terms of this Agreement. No waiver shall be effective unless in writing and signed by the Party against whom enforcement is sought. Such waiver shall be limited to Agreement No. DG040192 Page 8 of 10 provisions of this Agreement specifically referred to therein and shall not be deemed a waiver of any other provision. No waiver shall constitute a continuing waiver unless the writing states otherwise. 11.4 Should any term or provision of this Agreement be held, to any extent, invalid or unenforceable, as against any person, entity or circumstance during the term hereof, by force of any statute, law, or ruling of any forum of competent jurisdiction, such invalidity shall not affect any other term or provision of this Agreement, to the extent that the Agreement shall remain operable, enforceable and in full force and effect to the extent permitted by law. 1 1.5 This Agreement may be amended only with the written approval of the Parties. 11.6 This Agreement states that all publicity/outreach media will be jointly planned by the Recipient and the District and any and all materials, events, or endorsements arising out of this award will reqUire prior District approval. 11.7 This Agreement states the entire understanding and Agreement between the Parties and supersedes any and all written or oral representations, statements, negotiations or Agreements previously existing between the Parties with respect to the subject matter of this Agreement, The Recipient recognizes that any representations, statements or negotiations made by District staff do not suffice to legally bind the District in a contractual relationship unless they have been reduced to writing and signed by an authorized District representative. This Agreement shall insure to the benefit of and shall be binding upon the parties, their respective assigns, and successors in interest. Agreement No. DG040192 Page 9 of I0 IN WITNESS WHEREOF, the Parties or their duly authorized representatives hereby execute this Agreement on the date written below. SOUTH FLORIDA WATER MANAGEMENT DISTRICT By: Frank Hayden, Procurement Director Date: SFWMD Office of Counsel Approved By:~//~_~_ _ ~.~~ate:O~., .~ ~Z~ ~ Recipient's Legal Name: By Authorized Official: Title: Date: By: .~. Procurement Approved: ~ ~ Date: / - Agreement No. DG040192 Page I0 of 10 ATTACHMENT A STATEMENT OF WORK INTRODUCTION Prior to 2000, the parks maintenance division began refining methods of irrigation and plantings compatible with low water demand, low maintenance labor costs and above average appearance. With this idea of a mission several lessons were learned: The mandatory water restrictions of 2001 required design where all plantings were of similar water requirements · Low water demand plantings that survive efficient weed control chemicals became a requirement · Plantings that required extensive maintenance or required periodic replacement were removed from project areas as well as those contributing to safety hazards · Selecting plantings that gave a 'clean manicured look' with added flowering colors or variations of leaf colors were selected · Methods of design where plantings would give the greatest benefit to the view of the eye with the minimum number of plants was another lesson applied to public areas · Utilizing irrigation methods with technology advances such as subterranean 'drip irrigation' and better irrigation controllers, reducing our water demands In February of 2003 a full-time Water Conservation Coordinator position was created in the City of Boynton Beach Utility department. His research of the progress of the City's conservation progress revealed successes in the efforts of the parks maintenance division. With further refinements, the Conservation Coordinator has begun more formal support of landscape conversions, which show a lasting water conservation effect. PROJECT JUSTIFICATION The parks maintenance division has converted island landscaping to drip irrigation and low water demand plantings on Federal Highway fi.om Boynton Beach Boulevard to the north City limit. On the average these metered islands showed a water savings of 66% and up to 85% in many cases. This has allowed us to drop our maintenance costs fi.om turf to woody ornamentals by 90%. Year-round colorful blooming plants give a great look that is pleasing to the eye. For the conservationist, the statement that 'better is cheaper and prettier' is a fact. In 2003 the Utility department began to fund further City property conversion to low water demand irrigation and plantings. The health and nature of the ornamental plantings reduces the amount of insecticide and fungicide usually needed for turf; this is a significant environmental step. So, for this mile long area on the west side of Federal Highway between the C-16 Canal and northern limit of City of Boynton Beach which uses 300,000 gallons monthly we Exhibit "C" Agreement No. DG040192 Page I of 6 expect a 66% reduction in useage of 2.4 million gallons yearly. This represents $6,600.00 yearly savings in water costs. PROJECT OBJECTIVES To change irrigation water source from treated potable to untreated well water to reduce the demand on Boynton Beach Utility water plants and well fields. To replace turf with low water demand ornamentals to lower water demand to achieve a 'true' conservation of water resources. To replace spray head irrigation system with low volume drip irrigation to save water resources to support existing trees and hedges and new woody ornamentals replacing the tuff. To enhance conservation by reducing evaporation by proven methods such as mulching To arrange plantings at edges to give a full coverage landscape appearance. This will reduce ornamental installation costs and their future maintenance. STATEMENT OF WORK Rationale: Further City conservation effort by following Consumptive Use Permit requirements. Methodology: Replace turf along Federal Highway and sections of City Parks with low water demand plantings & drip irrigation and replace potable water with well water. A. Six inch well on west side of U.S. 1 (at north side of C-16 canal) with pump, controls and meter B. Six inch irrigation pipe with taps to low flow irrigation installations north to Gateway Blvd and to city limit C. Install low water demand plantings for the 1 mile length of west Side of Federal Highway and install Iow flow irrigation tubing and controls This will reduce demand on water plants and cut overall water usage by 66% D. Drill well at west end of Boat Club Park and drill well at west end of Intracoastal Park. E. Disconnect Boat Club park from Potable water irrigation and connect to metered untreated well water. Replace 15% of landscape area with Iow flow irrigation and low water demand plantings This will reduce overall water demand by 10% Exhibit "C" Agreement No. DG040192 Page 2 of 6 F. Disconnect Intracoastal park from temporary potable water irrigation and connect to metered untreated well water. Replace 15% of landscape area with low flow irrigation and low water demand plantings This will reduce overall water demand by 10% LOCATION OF THE PROJECT Project location is within the boundaries of the City of Boynton Beach, along the west side of Federal Highway, from the C-16 Canal to the northern boundary of the City (a distance of one mile). This area is about 40 feet wide and lies between the curb of Federal Highway and the F.E.C. Raikoad property. (Both parks are in same vicinity but on the east side of Federal Highway) See attached map. PROJECT SCHEDULE AND DELIVERABLE March 1, 2004 -May 1, 2004 Apply for well permit fi-om SFWMD for well at west side of Federal Highway (U.S. 1) for irrigation. Submit required documents for proposed work on D.O.T. properties. March 1, 2004 Contract and schedule with current well driller under contract for 6" well and pump and controls to supply 300 gallons per minute at 80 pounds per square inch. March 1, 2004- April 1, 2004 Design pipeline path of new irrigation line from C-16 Canal well site to north side of Gateway Blvd. March 1, 2004-May 1, 2004 Contract with boring contractor to run pipeline under Gateway Blvd March 1, 2004-May 1, 2004 Well construction at west end of Intracoastal Park. March 1, 2004-May 1, 2004 Well construction at west end of Boat Club Park. March 15-May 15, 2004 Install irrigation piping from new well site to meter site north of Gateway Blvd. Appropriate taps for low flow irrigation to new main water line to be installed. April 1, 2004-June 1, 2004 Begin replacing non-critical small turf areas in Boat Club and Intracoastal Parks with low flow irrigation and low water demand woody ornamentals. This to achieve at least a 10% reduction of water use in each park when new plants are established. May 1, 2004-June 1, 2004 Commence well construction June 1, 2004 Hook up of well and pump to new irrigation line. June 15, 2004 Hook up oflntracoastal Park to new irrigation line. Exhibit "C" Agreement No. DG040192 Page 3 of 6 June I, 2004 Hook up of well and pump to new irrigation line. June 15, 2004 Hook up of Intracoastal Park to new irrigation line. July 1, 2004 Hook up of Boat Club Park to new irrigation line. June 15, 2004-August 15, 2004 Lay out low flow drip irrigation lines and connect to new irrigation line. July 25, 2004- Sept 1, 2004 Begin planting of ornamental plants by contractor to follow progress of low flow irrigation installation Sept 1, 2004 Plantings to be Completed on West side of Federal Highway from C-16 Canal to northem City boundary. Dec 1, 2004 All new plantings established. Remaining turf grass to be sprayed with defoliant and covered with mulch. Exhibit "C' Agreement No. DG040192 Page 4 of 6 Exhibit %" Agreement No. DG~0192 Page 6of 6 · :' EXHIBIT "D" SUMMARY SCHEDULE OF TASKS AND DELIVEIL~BLES · A summary deliverable schedule associated with this project is set forth below. The schedule is based on a one year agreement. · All deliverables submitted hereunder are subject to review by the District, Due dates for all deliverables are based on the number of weeks from the date of agreement execution. The Recipient hereby agrees to provide the District all deliverables, data and information described in the Statement of Work in writing. · Payment shall be made following receipt and acceptance by the District of project deliverables in accordance with the schedule set forth below. Total payment by the District for all work completed herein shall not exceed the amount of $ 50,.000.00. All payments are subject to District fiscal year appropriations. I Letter of Completion 52 Weeks $ 50,000,00 Total $ 50,000.00 Exhibit "D" Agreement No. DG040192 Pagelofl VI.-CONSENT AGENDA ITEM D.1 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 [] April 7, 2004 March 15, 2004 (Noon.) [] June 1, 2004 May 17, 2004 (Noon) [] April 20, 2004 April 5, 2004 (Noon) [] June 15, 2004 May 31, 2004 (Noon) [] May 4, 2004 April 19, 2004 (Noon) [] July 6, 2004 June t4, 2004 (Noon) [] May 18, 2004 May 3, 2004 (Noon) [] July 20, 2004 July 5, 2004 (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 June 1, 2004 City Commission Agenda under Consent Agenda. The Planning and Development Board recommends that the subject request be denied. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 04-107. EXPLANATION: PROJECT: Hendricks Variance (ZNCV 04-003) AGENT: Thomas & Rona Hendricks OWNER: Thomas & Rona Hendricks LOCATION: 911 SW 28~ Avenue DESCRIPTION: Request for relief from Chapter 2, Zoning Section 5.C.2.a, requiring a minimum rear yard setback of 25 feet for a single-family home within the R-l-AA zoning district, to allow for a variance of 10 feet, and a rear yard setback of 15 feet. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: ~ff~ N/A Development Department DiI~ctor /t t- ~ City'l{/Ianager's Si~ ' ' Planning'and Zonit(g ~irector City Attorney / Finance / Human Resources S:~Planning~SHARED\WP~PROJECTSXHendricks Variance~tgenda Item Request Hendricks Variance XNCV 04-003 6-1-04.dot S:~BULLETINWORMSXAGENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM # 04-107 Staff Report Planning and Development Board and City Commission Meeting Date: May 25th, 2004 File No: ZNCV 04-003 Location: 911 SW 28th Avenue (Lot 12, Block 16, Forest Hills Subdivision) Owner: Thomas and Rona Hendricks Project: Rear addition to an existing single-family dwelling. Variance Request: Relief from Chapter 2, Zoning Section 5.C.2.a., requiring a minimum rear yard setback of 25 feet for a single-family home within the R-l-AA zoning district, to allow for a variance of 10 feet, and a rear yard setback of 15 feet for a home addition. BACKGROUND The subject property and surrounding neighborhood is zoned R-l-AA, single family residential (see Exhibit "A" - Location Map). The lot, developed in 1971, conforms to the current R-l-AA zoning district building and site regulations. Currently, the subject neighborhood is mostly developed. The subject property has been improved and is currently occupied as a single-family home, approximately 1,300 square feet in size. The property is located on the north side of Southwest 28th Avenue with a depth of approximately 110 feet and a frontage of 85 feet. Staff surveyed the area and it was observed that the majority of properties along the north side of SW 28t' Avenue comply with the minimum rear setback requirement of 25 feet, as estimated by the straight alignment of the rear building lines. The subject vadance is requested because the applicant desires to expand the existing single-family home with a third bedroom addition (approximately 450 square feet) (see Exhibit "B' - Survey and Proposed Site Plan). ANALYSIS The code states that the zoning code variance 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 conditions and circumstances do not result from the actions of the applicant. Page 2 Hendricks Variance File No. ZNCV 04-003 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. (Exhibit "C' contains the applicant's response to the above criteria.) Staff conducted the analysis focusing primarily on items "a", "b" and "c" above, 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. Additionally, the granting of the variance would not confer on the applicant any special privilege that is denied by the regulations to other properties within the same zoning district. Despite the responses by the applicant, a variance is to be granted on the basis of a hardship, which is established by characteristics other than those created by the landowner, or previous owner(s), various site improvements or alterations. The emphasis of criteria "a", "b" and "c', in order to justify a hardship, is based upon natural or unique limitations relative to other properties within the neighborhood that are similarly zoned. The variance should make more equitable the regulations when applied to the various properties within the area. Alternatively stated, in order to meet criterion "¢', one should assume that the same structure proposed similarly on an adjacent property could be constructed without a variance. The subject request has been initiated for the expansion of a home situated on a standard lot within this neighborhood. Therefore, the applicant, solely for individual benefit, has generated the circumstances. With respect to criterion "e", traditionally, variances are intended to prevent the denial of all reasonable use of a piece of property. If this were applicable to the subject case, then denial of the ability to build this addition would be construed as a denial of the reasonable use of the property. Staff does not concur with this position, but rather believes that the existing improvements on the property, to include the home represent "reasonable use" of a parcel zoned for single-family homes. Furthermore, notwithstanding interior layout and design objectives, there exists nearly 40 feet of depth to the rear property line, where measured from the existing wall, for the proposed expansion and nearly 47 feet from the deepest dimension from the existing rear facade (northeastern portion of rear facade). This would appear to provide adequate space to accommodate the proposed expansion without requiring a variance. This is less desirable to the applicant due in part to the potential complications associated with the construction of the addition, and a less desirable internal layout. The granting of this variance would be an acknowledgement that there exists no alternative in either the structure size, design or location that would comply with the developments regulations. Page 3 Henddcks Vadance File No. ZNCV 04-003 CONCLUSIONS/RECOMMENDATION Staff recommends that the request for relief from Chapter 2, Zoning, Section 5,C.2.a., to allow a 15-foot rear setback and a ten (10) foot variance within the R-l-AA zoning district, be denied due to the lack of traditional hardship, and due to the circumstance being created by home improvements and with a preferred or optimal layout on a standard platted lot rather than designing a plan within existing setbacks. MR/mda S:\Planning~,SHARED\WP',PROJECTS\Hendricks Variance\Staff Report.doc SUNSET RD... , R.t- HENDRICKS VARIANCE LOCATION MAP EXHIBIT"A" EXHIBIT "B" ,,..u Cb North . ~4.4' ~ - ~o~e~ I', I ~ ~ ~ ~.oo. :~' " '1' EXHIBIT "B" P~OPOE~ED POOL P~OPOE~ED POOL DECK, EXISTIN~ ONE ,STORT CB5 I=IOUSE ,5OUTI-.II.UE,~T 2E, f.h AVENUE .~,ITE PLAN I/~," EXHIBIT "C" Section 5. Zoning Code Variance Application: Thomas & Rona Hendricks 911 SW 28th Ave A. The property in question is a 2 bedroom/2 bath home located on a 85 x 110 lot. The home was purchased with the intent of adding a 3rd bedroom to accommodate the family (Thomas, Rona Thomas Jr. & Rebecca). The current layout of the home dictates that the addition should be added to the North/West side of the property. Any other positioning of the addition will also require a variance and complicate the construction and add unnecessary cost. In addition, other positioning of the improvements will tend to minimize the potential increase in property value. B. The above special conditions/circumstances are not a result of any action of the applicants. C. Granting of this variance Will not confer any special privilege to the applicants. As stated in section D. below, the city has granted a similar variance to other residents in the same zoning district. In addition, upon review of other properties in the area it is evident that the setback has been encroached upon at one time or another. D. By not granting this variance the city of Boynton Beach will deprive the applicants of rights enjoyed by other properties in the same zoning district. Specifically, a variance was granted to the owners of the property located at 710 SW 27th Ave. (Lot 11, Bock 9, Forest Hills Subdivision) on 6/3/2003 which provided the owners relief from Chapter 2, Zoning Section 5.C.2.a which requires a minimum rear setback of 25fi. for a single-family residential (R-1-AA) zoning district. In addition, the city acknowledges that the setbacks are unreasonable and are currently reviewing the rear setbacks with the intention of reducing them to be more reasonable and in line with other municipalities in the area. E. The subject improvement represents a minor expansion of the home relative to the minimum living area standard applicable to the subject zoning district. The proposed improvements will add approx 450 sq. ft of living space to the existing 1300 sq. fi. home. Most other homes in the area are 3-4 bedroom homes with total square footage in excess of 2500 sq fi. on similar size lots. F. The granting of this variance and the resulting improvements will be in harmony with the surrounding properties and will not be injurious to the area involved or detrimental to the public welfare. In addition, the proposed improvements will add value to said property and in general contribute to the overall raising of property values in the subject zoning district. EXHIBIT "D" Conditions o£ Approval Project name: Hendrick Variance File number: ZNCV 04-003 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 PLANNING & DEVELOPMENT BOARD CONDITIONS Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT Comments: 1. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 1. To be determined. S:~Planning\SHARED\WP'~PROJEC'TS~ttendricks Variance\COA.doc S:\Planning\Planning Templates\Condition of Approval 2 page -P&D ORA 2003 form.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Hendricks Variance (ZNCV 04-003) APPLICANT'S AGENT: Thomas & Rona Hendricks APPLICANT'S ADDRESS: 922 SW 29th Avenue, Boynton Beach, FL 33435 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: June 1, 2004 TYPE OF RELIEI~ SOUGHT: Request for relief from Chapter 2, Zoning Section 5.C.2.a, requiring a minimum rear yard setback of 25 feet for a single-family home within the R-l-AA zoning district, to allow for a variance of 10 feet, and a rear yard setback of 15 feet. LOCATION OF PROPERTY: 911 SW 28th Street DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the 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\Hendricks Variance\DO Hendricks Variance.doc VI.-CONSENT AGENDA ITEM D.2. 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 [] April 7, 2004 March 15, 2004 (Noon.) [] June I, 2004 May 17, 2004 (Noon) [] April 20, 2004 April 5, 2004 (Noon) [] June 15, 2004 May 31,2004 (Noon) [] May 4, 2004 April 19, 2004 (Noon) [] July 6, 2004 June 14, 2004 (Noon) [] May 18, 2004 May 3, 2004 (Noon) [] July 20, 2004 July 5, 2004 (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 June 1, 2004 City Commission Agenda under Consent Agenda. The Planning and Development Board with a 6 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 04-105. EXPLANATION: PROJECT: Grove Plaza (MPMD 04-001) AGENT: Micahel S. Weiner, Weiner & Aronson, P.A. OWNER: Grove Plaza "D" LLC LOCATION: South side of Hypoluxo, east of Lawrence Road DESCRIPTION: Request for modification of the subdivision master plan to convert parcel "D" from a 9,000 square foot retail building to a 11,973 square foot retail building. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATI~_~/t N/A ~t~e~pme~t l~epa~tmeXnt Director ~ Planing ~d Zo~ector Ci~ A~omey / F~ce / H~ Resomces S:~la~ing~DX~ROJ~TS~ve pl~X~ve PI~ MPMD~el D MPMD ~l~g~da I~ R~u~t ~ove PI~ MPMD 04~1 6-1- 04.dot S:~BULLETIN~ORMS~AGENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT MEMORANDUM NO. PZ 04-105 TO: Chairman and Members Planning and Developm~ent Board THROUGH: Michael W. Rumpf Director of Planning & Zoning FROM: Ed Breese Principal Planner DATE: May 11, 2004 SUBJECT: Grove Plaza - File No. MPMD 04-001 Master Plan Modification (Change on Parcel "D'~ PRO3ECT NAME: Grove Plaza - MPMD 04-001 LOCAT/ON: Grove Plaza, southeast corner of Lawrence Road and Hypoluxo Road APPL/CANT: Michael S. Weiner of Weiner & Aronson, P.A. LAND USE/ZONZNG: Local Retail Commercial (LRC) / Community Commercial (C-3) NATURE OF REQUEST Mr. Michael Weiner, agent for the owner, Grove Plaza "D" LLC, is requesting to modify the Subdivision Master Plan for Grove Plaza. This development is located on the south side of Hypoluxo Road, just east of Lawrence Road (see Exhibit "A" - Location Map). The specific request is to ~modify the square footage of the retail building originally proposed on Parcel "D" of the Grove Plaza Master Plan. Parcel "D" was iniUally approved for a 9,000 square foot retail building. This master plan modificaUon is required for the development of a 12,000 square foot retail building on Parcel "D". BACKGROUND[ANALYSTS The subject property was formerly the location of a landscaping and nursery business until it was annexed and rezoned. On September 19, 1995, the subdivision master plan was approved with six (6) separate parcels, each of which would require separate site plan review and approval. ]:n 1999, a major modification to the master plan was approved for the development of the first parcel (Parcel "A'~ and several changes to the remaining parcels. Parcel "A" was approved for a gas staUon (7-Eleven convenience store with gas sales). The remaining parcels consisted of the following: 3,800 square-foot bank on Parcel "B'; 6,540 square feet of retail on Parcel "C'; 9,000 square feet of retail on Parcel "D'; a 3,600 square foot restaurant on Parcel "E'; and another 3,600 square foot restaurant on Parcel "F". In July of 2002, the City Commission approved a master plan modification (MPMD 02-001) for a change in Parcel "E'; from a restaurant to a one-story car-wash facility (Motor City Car Wash). The accompanying site plan (NWSP 02-007) for the car wash was approved as well. Then, in March of 2004, the City Commission approved another master plan modificaUon (MPMD 03-003) for Parcel "F' to allow a 7,180 square foot retail building in place of a 3,600 square foot restaurant. The accompanying site plan (NWSP 03-027) for the project (Auto Zone) was approved as well. Memorandum No. PZ 04-105 Page Grove Plaza (Grove Plaza Parcel "D'), MPMD 04-001 Each parcel is required to provide the minimum parking for their respective use as designated on the plan. The following summary indicates the required and provided parking for each parcel: Parcel Name Required Parking Provided Parking Parcel A 12 28 Parcel B 16 28 Parcel C 33 35 Parcel D 60 60 Parcel E 04 09 Parcel F 36 38 Throughout the master plan modification proposals, the applicant has continued to provide additional parking to accommodate the changes in use or intensity. In addressing the impacts associated with the master plan modification relative to Palm Beach County Traffic Performance Standards, the applicant's consultant, Kimley-Hom and Associates, concluded that the change would represent a minimal difference in traffic impacts to the daily a.m. peak or p.m. peak hour trip generation over that previously approved. The statement was sent to the Traffic Division of Palm Beach County for their review and approval. Palm Beach County Traffic Division, on April 15, 2004, issued a letter of determination that the project is in conformance with said standards. ) other changes affecting the overall master plan are contemplated in this request by the applicant. RECOMMENDATION The Technical Review Committee (TRC) has reviewed this master plan modification request and recommends approval. Any conditions recommended by the Board or City Commission shall be documented accordingly in Exhibit "C" - Conditions of Approval. MR/eb Xc: Central File SN=Iannlng~SHARED~WP~PROJECTS~rove plaza~Sn)ve Plaza Parcel 'D' MPMD 04.-001~taff Relxxt.doc I in. = 313,0 feet COUNTY PO · ;O:'RD: LAWRENCE RD LOCATION MAP "i Iii jr J ~,~; '~I '! J Ill j iliitijJ il I[ JJJJJJ~ ~, I~ !!!l!!!!!!!!JJl[ lj~ll~l I j'"'j'j'j"ll ,III1,1,1,Ii~ I!iJlJjj.I !11~111111!!' IIBII EXHIBIT "C" Conditions of Approval Project name: Grove Plaza File number: MPMD 04-001 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 PLANNING & DEVELOPMENT BOARD CONDITIONS Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT Comments: I 1. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 1. To be determined. S:~Planning~SHARED\WPLPROJECTS\grove plaza\Grove Plaza MPMDXI'arcel D MPMD 04-001\COA.doc S:~Planning\Planning Templates\Condition of Approval 2 page -P&D ORA 2003 form.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Grove Plaza Parcel "D" APPLICANT'S AGENT: Mr. Michael Weiner with Weiner and Aronson, P.A. APPLICANT'S ADDRESS: 102 North Swinton Avenue, Delray Beach, FL 33444 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: June 1, 2004 TYPE OF RELIEF SOUGHT: Master plan modification approval to convert Parcel "D" from a 9,000 square foot retail building to a 11,973 square foot retail building, in the C-3 zoning district. LOCATION OF PROPERTY: Parcel "D" of Grove Plaza, located on the south side of Hypoluxo Road, east of Lawrence Road 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 VI.-CONSENT AGENDA ITEM D.3 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 [] April 7, 2004 March 15, 2004 (Noon.) [] June 1,2004 May 17, 2004 (Noon) [] April 20, 2004 April 5, 2004 (Noon) [] June 15, 2004 May 31,2004 (Noon) [] May 4, 2004 April 19, 2004 (Noon) [] July 6, 2004 June 14, 2004 (Noon) [] May 18, 2004 May 3, 2004 (Noon) [] July 20, 2004 July 5, 2004 (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 June 1, 2004 City Commission Agenda under Consent Agenda. The Planning and Development Board with a 6 to 0 vote, recommended that the subject request be approved, subject to all conditions of approval. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 04-106. EXPLANATION: PROJECT: Grove Plaza Parcel "D' (NWSP 04-007) AGENT: Michael S. Weiner, Weiner & Aronson, P.A. OWNER: Grove Plaza "D" LLC LOCATION: South side of Hypoluxo, east of Lawrence Road DESCRIPTION: Request for New Site Plan approval for an 11,973 square foot retail building on a 1.22- acre parcel in a C-3 zoning district. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVE~/// N/A Dev~m~n' I~partn~ent ~'~ctor v-/ - ~ity Managert~natUre. Plannin~ and Zozli~g ~)irector City Attorney / Finance / Human Resources S:~PlanningLSHARED\WPkPROJECTSXgrove plaza~Grove Plaza Parcel DXNWSP 04-007XAgenda Item Request Grove Plaza Parcel D NWSP 04-007 6-1- 04.dot S:~BULLETIN~O~S~GENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT PLANNTNG AND ZONZNG DI'VZS'rON MEMORANDUM NO. PZ 04-106 STAFF REPORT TO: Chairman and Members Planning and Development Board and City Commission THRU: Michael RumP'~® Planning and Zoning Director FROM: Ed Breese ~ Principal Planner DATE: May 1~I, 2004 PRO3ECT NAME/NO: Grove Plaza Parcel "D" / NWSP 0~t-007 REQUEST: New Site Plan PRO3ECT DESCRZPTZON Property Owner: Grove Plaza "D' LLC Applicant: Mr. Michael Weiner, Weiner & Aronson, P.A. Agent: Hr. Michael Weiner, Weiner & Aronson, P.A. Location: Parcel "D" of Grove Plaza Replat, southeast corner of Hypoluxo Road and Lawrence Road (see Exhibit "A"- Location Hap) Existing Land Use/Zoning: Local Retail Commercial (LRC) / Community Commercial (C-3) Proposed Land Use/Zoning: No change proposed Proposed Use: 11,973 square foot retail building Acreage: 1.22 acres (53,310 square feet) Adjacent Uses: North: Right-of-way for Hypoluxo Road, then farther north is Santaluces High School with an institutional (I) land use designation (unincorporated Palm Beach County) and zoned Public Ownership (PO); South: Drainage Utility & Ingress / Egress Easement for Grove Plaza, then farther south is developed residenUal with a Medium Density Residential (MR-5) land use designation (unincorporated Palm Beach County) and zoned Agricultural ResidenUal (AR); Staff Report - Grove Plaza Parcel VD" (NWSP 04-007) Memorandum No PZ 04-106 Page 2 East: Parcel "E' of Grove Plaza containing Motor City Carwash with a Local Retail Commercial (LRC) land use designation, zoned Community Commercial (C-3); and West: Tract "G", which is a Drainage, Utility, and Ingress / Egress easement for Grove Plaza, then farther west is vacant Parcel "C" of Grove Plaza with a Local Retail Commercial (LRC) land use designation, zoned Community Commercial (C-3). BACK~ROUND Proposal: The applicant is proposing to construct an 11,973 square foot retail building with multiple tenant bays on a 1.22-acre parcel. Parcel "D" on the master plan was originally approved for a 9,000 square foot retail building. Approval of this project is contingent upon the approval of the accompanying request for master plan modification (MPMD 04-001) of the Grove Plaza master plan (see Exhibit "C"- Conditions of Approval). Site Characteristic: The subject property (Parcel "D'3 is one (1) of six lots of the Grove Plaza Subdivision master plan. According to the survey, the site is fairly square in shape and the highest elevation (18.67 is shown near the northeast comer of the property The survey also indicates that a 34 foot L.W.D.D. canal easement is located along the north property line. No unique or endangered habitat, migratory bird rookeries, wading bird habitat or colonial bird nesting / roosting areas are located on the subject site. Also, no wetlands or other surface waters are located on this parcel. ANALYS~S Concurrency: Traffic: A traffic statement for this project was submitted and sent to the Palm Beach County Traffic Division for their review and approval. In a letter dated April 15, 2004, the Traffic Division confirmed that this project meets the Traffic Performance Standards of Palm Beach County. Drainage: Conceptual drainage information was provided for the City's review. The City's concurrency ordinance requires drainage certification at time of site plan approval. The Engineering Division is recommending that the review of specific drainage solutions be deferred until time of permit review, when more complete engineering documents are required (see Exhibit "C" - Conditions of Approval). A Master Site Drainage Plan has been prepared for the entire Subdivision Master Plan, depicting on-site and common drainage systems, accomplished via a combination of green swales, exfiltration trenches, and dry retention. The drainage design shall conform to the requirements of the City of Boynton Beach, South Florida Water Management District, and the Lake Worth Drainage District (LWDD). School: School concurrency is not required for this type of project. Staff Report - Grove Plaza Parcel "D" (NWSP 04~007) Memorandum No PZ 04-106 Page 3 Driveways: Tract "G' is the common area which accommodates the access drives, drainage, buffer wall, and landscaping for the Grove Plaza commercial / retail development. Tract "G" allows for vehicular ingress / egress to the subject site from Hypoluxo Road. The project proposes three (3) driveway openings from the subject property to Tract "G". These three (3) driveway openings would allow for both vehicular ingress and egress. Two (2) of the openings would occur along the subject parcel's west property line and one (1) along the south property line. The project would share and utilize Tract "G" with the other parcels. Each of the driveway openings onto Tract "G" would be at least 25 feet in width. Parking Facility: Retail uses require one (1) parking space per 200 square feet of gross floor area. Therefore, an 11,973 square foot retail building requires 60 parking spaces. The site plan (sheet Al00) shows that 60 parking spaces are proposed to meet this requirement. The site plan also shows that 90-degree parking spaces would be dimensioned nine and one-half (91/2) feet wide by 181/2 feet in length. The 90- degree handicap spaces would be 12 feet in width with five (5) feet of striping. Parking areas would occur along the north and south sides of the building. As proposed, the vehicular back-up distance is 25 feet in width. The proposed outdoor freestanding lighUng structures would have to adhere to the design guidelines of the Grove Plaza Master Plan (see Exhibit "C" - Conditions of Approval). For example, the height of the light pole structures could not exceed 17 feet. According to the photometric plan, the proposed IighUng levels along all sides of the property would be minimal. ]:t should have no adverse affect on the neighboring parcels. Landscaping: The proposed pervious area of the parcel equals 10,948 square feet or 22.5% of the total site. The landscape plan (sheet L-l) indicates that approximately 72% of the trees, 77% of the shrubs and 75% of the groundcover would be native. Consistent with the Grove Plaza Master Plan, the width of the north (front) landscape buffer along Hypoluxo Road would be 15 feet in width, bermed, and contain Live Oak trees and a row of RedUp Cocoplum hedges. Additionally the north buffer would include Calophyllum trees, fire bush and purple lantana. A cross- section of the front landscape buffer is required to provide sufficient detail to ensure proper screening is attained on the site. Additionally, the installation and creation of the berm along the north buffer would be overseen by the City Forester / Environmentalist (see Exhibit "C" - Conditions of Approval). The west (side) landscape buffer would be 7 feet in width and contain Pigeon Plum trees, Montgomery palms and a row of Redtip Cocoplum hedges. The width of the south (rear) landscape buffer would be 15.5 feet in width and would contain Live Oak trees, Calophyllum trees and Redtip Cocoplum hedges. Finally, the width of the east (side) landscape buffer would be at least 2.5 feet wide and would contain Silver Buttonwood, Pigeon Plum and Gumbo Limbo trees, and Redtip Cocoplum hedges. Along the north side of the building, between tenant bay entry doors, the developer proposes planting IVlontgomery and Christmas palms along with arbodcola shrubs. On the west building elevaUon, the planting scheme includes 12'-16' tall Christmas Staff Report - Grove Plaza Parcel "D" (NWSP 04-007) Memorandum No PZ 04-106 Page 4 palms located between decorative stucco recesses and fire bush shrubs to enhance the lower region of the wall. The trees and palms proposed for the west landscape buffer added to those proposed against the west building wall should soffcen the appearance of this highly visible elevation. Building and Site: The maximum height allowed for new buildings in the C-3 zoning district is 45 feet / 4 stories. According to Sheet A300, the proposed building is designed as a one (1)-story structure. The top of the arched parapet wall is shown as 23 feet - 8 inches in height. The top of the typical parapet wall would be approximately 19 feet in height. The required front setback in the C-3 zoning district is 20 feet; the building would be setback approximately 88 feet. The required interior side setback in the C-3 district is zero feet. The project far exceeds this requirement, with the building setback 36 feet - six (6) inches from the east property line. The required corner side setback is 15 feet, and the site plan provides for a 16 foot - six (6) inch setback from the west property line. The building would be nearly 85 feet from the south (rear) property line. The site plan shows that the dumpster enclosure is proposed at the southwestern portion of the lot. It is landscaped on three (3) sides as required by code. The Engineering Division of Public Works has approved its location and angle with respect to the facilitation of trash removal. The proposed buildings and site design would generally meet code requirements when staff comments are incorporated into the permit drawings. Design: The project was reviewed in part, according to the standards as identified in the Grove Plaza Design Guidelines (1998). The proposed design is compatible with the surrounding built environment and would generally enhance the overall appearance of the commercial plaza. The principle building and trim colors (earth tones) are consistent with the colors of the Grove Plaza Design Guidelines (1998). The lower portion of the exterior wall area would be painted a medium brown (Sherwin Williams - Cattail Brown #2181). The body of the wall area, which contains the greatest portion of mass, would be painted a cream color (Sherwin Williams - Cocoa Shell #2432). The accent moldings and pre-finished cornice proposed at top of the parapet walls would be white (Sherwin Williams - Alpine White #2427). These colors would be compatible with the Motor City Carwash and Auto Zone colors on adjacent lots (tan, medium brown, and cream). The accent squares would be made with brick colored ceramic tiles, which will also match the color of the canvas awnings. To further promote the objective of the design guidelines, the developer has incorporated many of the same accent features from the Motor City Carwash and Auto Zone building onto this proposed retail building, including the arched parapet, awnings and decorative tiles. Signage: The maximum allowable sign area is based on the linear frontage of the front fa(;ade (facing Hypoluxo P, oad). The elevations (sheet A300) show that walls signs are proposed for each tenant space. Each sign will be required to conform to a uniform style and color, other than those nationally recognized tenants. The site plan (sheet Al00) shows that a freestanding monument sign is proposed at the northwest corner of the property. It would be setback 10 feet from the north and west property lines. The Grove Plaza Master Plan Design Guidelines Staff Report - Grove Plaza Parcel "D" (NWSP 04-007) Memorandum No PZ 04-106 Page 5 restrict the sign to a maximum area and height of 60 square feet and eight (8) feet - six (6) inches respectively. The base colors must be white or off-white. The detail of the proposed monument sign shows that the structure would be eight (8) feet - six (6) inches in height and :LO feet in width. As with the individual tenant wall signs, the lettering type, style and color proposed'for the monument sign will be required to be consistent for all tenants other than those that are nationally recognized. RECOI4 r4ENDAT]:0N: The Technical Review Committee (TRC) has reviewed this request for new site plan approval. Staff recommends approval, contingent upon successfully satisfying 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\PRO3ECTS\grove plaza\Parcel "D"\NWSP 04-007\Staff Report.doc 1 in. = 3'13.0 foot COUNTY PO C LAWRENCE. RD LOCATION MAP EXI-I]BI~' "B" EXFIIB'f?' "B" Rood i EXHIBIT "C" Conditions of Approval Project name: Grove Plaza Parcel D File number: NWSP 04-007 Reference: 2~a review plans identified as a New Site Plan with an April 27, 2004 Planning & Zoning date stamp markin$. DEPARTMENTS I]qCLUDE REJECT PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic Comments: None X UTILITIES Comments: 1. The CODE, Section 26-34(E) requires that a capacity reservation fee be X paid 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. 2. Comprehensive Plan Policy 3.C.3.4. requires the conservation of potable X water. As other sources are readily available City water shall not be allowed for irrigation. 3. A building permit for this project shall not be issued until this Department X has approved the plans for the water and/or sewer improvements required to service this project, in accordance with the CODE, Section 26-15. 4. No canopy trees are permitted within utility easements. Accordingly, X relocate the Silver Buttonwood tree shown within the 12' utility easement alon~ the east propert~ line, north of thc building. FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT Comments: 5. 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 permit review. 6. Indicate, by note on the landscape plan, that within the sight triangles there X shall be an unobstructed cross-visibility at a level between 2.5 feet and 8 feet above the pavement (LDR, Chapter 7.5, Article II, Section 5.H.) 7. Full drainage plans, including drainage calculations, in accordance with the X LDR, Chapter 6, Article IV, Section 5 will be required at the time of permitting. 8. Paving, Drainage and Site details will not be reviewed for construction X acceptability at this time. All engineering construction details shall be in accordance with the applicable City of Boynton Beach Standard Drawings and the "Engineering Design Handbook and Construction Standards" and will be reviewed at the time of construction permit application. BUILDING DIVISION Comments: 9. 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 permit review. 10. 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 ASCE 7, Chapter 6, and the provisions of 2001 FBC, Section 1606 (Wind Loads). 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. 11. At time of permit review, submit signed and sealed working drawings of the X proposed construction. DEPARTMENTS INCLUDE REJECT 12. 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: ~ 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." > 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 ther is no base flood elevation, indicate that on the plans. > 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). 13. CBBCPP 3.C.3.4 requires the conservation of potable water. City water may X not, therefore, be used for landscape irrigation where other sources are readily available. 14. A water-use permit from SFWMD is required for an irrigation system that X utilizes water from a well or body of water as its source. A copy of the permit shall be submitted at the time of permit application, F.S. 373.216. 15. If capital facility fees (water and sewer) are paid in advance to the City of X Boynton Beach Utilities Department, the following information shall be provided at the time of building permit application: ~ The full name of the project as it appears on the Development Order and the Commission-approved site plan. ~' If the project is a multi-family project, the building number/s must be provided. The building numbers must be the same as noted on the Commission-approved site plans. > The number of dwelling units in each building. ~ The number of bedrooms in each dwelling unit. ~ The total amount paid and itemized into how much is for water and how much is for sewer. (CBBCO, Chapter 26, Article II, Sections 26-34) 16. Pursuant to approval by the City Commission and all other outside agencies, X the plans for this project must be submitted to the Building Division for review at the time of permit application submittal. The plans must incorporate all the conditions of approval as listed in the development order and approved by the City Commission. 17. The full address of the project shall be submitted with the construction X documents at the time of r~ermit anvlication submittal. If the vroiect is multi- Conditions of Approval 4 DEPARTMENTS INCLUDE REJECT family, then all addresses for the particular building type shall be submitted. The name of the project as it appears on the Development Order must be noted on the building permit application at the time of application submittal. 18. Show the proposed site lighting on the site and landscape plans. (LRD, X Chapter 4, Section 7.B.4) If possible, provide photo metrics as part of your TRC plan submittals. PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: 19. The applicant should show an elevation cross-section detail(drawn to scale) X indicating how the height of the proposed landscape material will visually buffer the proposed parking lot facility from the Hypoluxo Road and Grove Plaza service road fights-of-way. Irrigation Plan 20. The irrigation design should be low-flow for water conservation. All shade X and palm trees should receive irrigation from a bubbler source. [Environmental Rel~gulations, Chapter 7.5, Article II Sec. 5A.1 21. Turf areas should been limited in size. Landscape (bedding plants) areas X should be designed on separate zones with proper time duration for water conservation. [Environmental Regulations, Chapter 7.5, Article II Sec. 5. C.2.] PLANNING AND ZONING Comments: 22. Approval of this site plan is contingent upon approval of the Grove Plaza master plan modification (MPMD 04-001). I I 23. The detail of the freestanding monument sign does not indicate colors of the X proposed sign or the color and size of the lettering to be place upon it. This is required in order to determine compliance with the Design Guidelines of the Grove Plaza Master Plan. The base of the monument shall be enhanced with colorful groundcover plants and a minimum of two (2) colorful shrub species. Additionally, the numerical address must be place prominently in the top portion of the sign, utilizing six (6) inch letters. 24. All lettering on the monument and wall signs shall conform to a uniform X lettering type, style and color, other than those nationally recognized tenants. 25. On the landscape plan, ensure that the plant quantities match between the ] X tabular data and the graphic illustration. I I DEPARTMENTS INCLUDE REJECT 26. A note on the landscape plan indicates that unobstructed cross-visibility X shall be maintained at a level of two and one half (2 1/2) feet and six (6) feet above the pavement. The City requirement is eight (8) feet instead of six (6). 27. The front landscape buffer should have a berm to be consistent with the X Grove Plaza Master Plan Guidelines. The City Forester will review and oversee the dimensions and installation of the earthen berm. The plant material proposed within the front landscape buffer should be planted both on the top and street side of the berm. A detail drawing depicting the berm and plantings should be submitted, as well as a section view from Hypoluxo to the building. 28' The pr°p°sed °utd°°r freestanding lighting structures shall c°nf°rm t° theIdesign guidelines for Grove Plaza. X I ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: 1. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 1. To be determined. SSPIanning\SHARED\WI~PROJECTS\grove plaza\Grove Plaza Parcel DhNWSP 04-007~COA.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Grove Plaza Parcel "D" APPLICANT'S AGENT: Michael Weiner, Weiner & Aronson, P.A. APPLICANT'S ADDRESS: 102 North Swinton Avenue Delray Beach, FL 33444 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: June 1, 2004 TYPE OF RELIEF SOUGHT: Request for New Site Plan approval for an 11,973 square foot retail Building on a 1.22-acre parcel in a C-3 zoning district LOCATION OF PROPERTY: South side of Hypoluxo Road, East of Lawrence Road 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\grove plaza\Grove Plaza Parcel D\NWSP 04-007\DO Revised for P&D.doc VI.-CONSENT AGENDA ITEM D.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 Off~ce [] April 7, 2004 March 15, 2004 (Noon.) [] June 1, 2004 May 17, 2004 (Noon) [] April 20, 2004 April 5, 2004 (Noon) [] June 15, 2004 May 31,2004 (Noon) [] May 4, 2004 April 19, 2004 (Noon) [] July 6, 2004 June 14, 2004 (Noon) [] May 18, 2004 May 3, 2004 (Noon) [] July 20, 2004 July 5, 2004 (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 June 1, 2004 City Commission Agenda under Consent Agenda. The Planning and Development Board with a 6 to 0 vote, recommended that the subject request be approved, subject to the revision to condition gl to optionally allow the P.O.A. to maintain the parking spreadsheet. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 04-104. EXPLANATION: PROJECT: Quantum Park DRI (USAP 04-002) Medical Offices AGENT: Joni Brinkman, AICP, Winston Lee & Associates, Inc. OWNER: Bocar Properties, Inc. LOCATION: Lot 3, Quantum Park PID DESCRIPTION: Request for Use Approval to include "Medical Offices" in the list of permitted uses on Lot 3 of the Quantum Park PID. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A Planhing'and Zoni~l~t~tor City Attorney / Finance / Human Resources S:XPlanningXSHARED\WPXPROJECTS\Quanmm Lot 3\USAP 044)02 Medical OfficeXAgenda It~rn Request Quantum Park DRI USAP 04-002 6-1-04.dot S:\BULLETIN~ORMSXAGENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT PLANN:[NG AND ZONING DI'Vt'S~ZON MEMORANDUM NO. PZ 04-104 STAFF REPORT TO: Chairman and Members Planning and Development Board and City Commission THRU: Michael Rumpf Director of Planning & Zoning FROM' Eric Lee Johnson, AICP C~/~f Planner DATE: May l:[, 2004 PROJECT NAME/NO: Quantum Park DRI / (USAP 04-002) REQUEST: Use Approval - Medical Offices PRO.1ECT DE$CR]:PT]:ON Property Owner: Bocar Property Incorporated Agent: Joni Brinkman, AICP / Winston Lee & Associates, Incorporated Location: Quantum Park DRI Lot 3 Existing Land Use/Zoning: Office - :Industrial (OI) / Planned Industrial Development (PID) Proposed Land Use/Zoning: N/A Proposed Use: Medical Offices (see Exhibit "D" - Quantum Park DRI Use List Revision Request) Acreage: 4,075 acres Adjacent Uses: North: Right-of-way for Lake Worth Drainage District L-2! Canal, then farther north is developed residential property (Dos Lagos) with a Low Density Residential (LRC) land use designation, zoned Planned Unit Development (PUD); South: Right-of-way for Gateway Boulevard, then further south is developed property with an Office - Industrial - Hotel (OIH) land use designaUon, zoned Planned Industrial Development (PID); East: Developed property (Masonic Lodge) with an Office (O) land use option, zoned Planned Industrial Development (PID); and Quantum Park DRI Lot 3 (USAP 04-002) Staff Report Memorandum No PZ-04-104 Page 2 West: Developed commercial property (Shoppes of Boynton) with a Local Retail Commercial (LRC) land use designaUon, zoned Community Commerdal (C-3). BACKGROUND Ms..loni Bdnkman, agent for the owner has submitted an applicaUon for use approval in the Quantum Park Planned Industrial Development (PID) (see attached location map - Exhibit "A'% The proposed change to the list of permitted uses would only apply to Lot #3 and be worded as follows: · Medical Offices (Lot 3 only) The approval of a list of permitted uses is required for all Planned Industrial Developments. The original Quantum Park PID Master Plan has been established incrementally and lacks the above-referenced use. In approving a particular use, the Planning and Development Board must make findings that the proposed use will not be in conflict with the performance standards listed in Section 4. N. of the zoning regulations, and that the uses proposed are consistent with the intent and purposes of the Planned Industrial Development District. ANALYSZS The applicant is required to address the Performance Standards listed in Chapter 2, Section 4. N of the Land Development Regulations as they relate to the proposed list of permitted uses. The purpose of the Performance Standards are to ensure that uses will not be a nuisance or hazard to persons, animals, vegetation or property located on adjacent or nearby properties or right-of-way; or to interfere with the reasonable use or enjoyment of adjacent or nearby property by reason of noise, vibration, smoke, dust, or other particulate matter; toxic or noxious matter; odor, glare, heat or humidity; radiation, electromagnetic interference, fire or explosive hazard, liquid waste discharge, or solid waste accumulaUon. The applicant has been asked to provide a description of their request relative to the performance standards within Chapter 2, Section 4. N of the Land Development Regulations to evaluate the impact and appropriateness of this use within the PID district. These responses are listed as follows: 1. Noise: No use shall be carried out on the property so as to create sound which is in violation of Section 15-8 of the City Ordinances. The applicant certifies that the above requested use shall be conducted entirely within the building and shall not produce sound in violation of Section 15-8. 2. Vibrations: No use shall be carded out on the property so as to create inherently and recurrently generated ground vibrations, which are perceptible without instruments at any point at or beyond the property line. The applicant certifies that the above requested use shall not create ground vibrations, which would be perceptible beyond the properly lines of the subject lot. 3. Smoke, dust, dirt, or other particulate matter: No use shall be carried out on the property so as to allow the emission of smoke, dust, dirt, or other particulate matter, which may cause damage to property or vegetation, discomfort or harm to persons or animals, or prevent the reasonable use and enjoyment of property and rights-of-way beyond the property line. Furthermore, no use will be carried out on the property so as to allow the emission of any substances in violaUon of any federal, state, county, or city law or permit governing the emission of such substances. The applicant certifies that the proposed use does not produce smoke, dust, dirt, or other particulate matter and shall comply with all federal, state, county or city laws or permits pertaining to same. Quantum Park DRI Lot 3 (USAP 04-002) Staff Report Memorandum No PZ-04-104 Page 3 4. Odors and fumes: No use shall be carried out on the property so as to allow the emission of objectionable or offensive odors or fumes in such concentration as to be readily perceptible at any point at or beyond the boundary of the property. The applicant certifies that the proposed use does not produce any objectionable or offensive odors or fumes. 5. Toxic or noxious matter: No use shall be carried out on the property so as to allow the emission of toxic or noxious matter in such concentration as to cause damage to property, vegetation, discomfort, or harm to persons or animals, or otherwise prevent the reasonable use and enjoyment of property or rights-of-way at or beyond the proposed property boundary; or to contaminate any public waters or any groundwater. The applicant certifies that the proposed use will not produce toxic or noxious matter so as to cause damage to property or vegetation, discomfort or harm to persons or animals, or prevent the reasonable use and enjoyment of property or rights-of-way, at or beyond the property line of the property on which the use is located; or to contaminate any public waters or any groundwater. 6. Fire and Explosion: No use shall be carried out on the property so as to create a fire or explosion hazard to adjacent or nearby property or rights-of-way or any persons or property thereon. Furthermore, the storage, use, or production of flammable or explosive materials shall be in conformance with the provision in Chapter 9 of the City of Boynton Beach Code or Ordinances. The proposed use does not create a fire or explosive hazard. There will be no storage of flammable or explosive materials unless in conformance with Chapter 9. 7. Heat, Humidity or Glare: No use shall be carried out on the property so as produce heat, humidity or glare readily perceptible at any point at or beyond the property line of the property on which the use is located. Artificial lighUng, which is used to illuminate any property or use, shall be directed away from any residenUal use, which is a conforming use according to these regulations, so as not to create a nuisance to such residential uses. The proposed use does not produce heat, humidity or glare. No addiUonal lighting is being proposed for the buildings and the site complies with the City approved site plan, which required that lighting be directed away from any residential use. 8. Liquid Waste: No use shall be carried out on the property so as to dispose of liquid waste of any type, quantity, or manner, which isnot in conformance with the provisions of Chapter 26 or the City of Boynton Beach Code or Ordinances, or any applicable federal, state, or county laws or permits. Any applicable provisions of Chapter 26 of the City ~ Boynton Beach Code of Ordinances, or any applicable federal, state, or county laws or permits shall be complied with. 9.· Solid Waste: No use shall be carried out on the property so as to allow the accumulation or disposal of solid waste which is not in conformance with Chapter 10 of the City Ordinances, or which would cause solid waste to be transferred in any manner to adjacent or nearby property or rights-of- way. The proposed use shall be in compliance with Chapter 10 of the City Of Boynton 8each Code of Ordinances and shall utilize the solid waste receptacles as depicted on the approved site plan, with the exception of the disposal of bio-hazardous waste, which will be handled by an outside licensed company. The company will pick up those materials and they will be disposed of off-site according to current regulations. 10. Electromagnetic Tnterference: No use shall be carried out on the property so as to create Quantum Park DRI Lot 3 (USAP 04-002) Staff Report Memorandum No PZ-04-104 Page 4 electromagnetic radiation, which causes abnormal degradation of performance of any electromagnetic receptor of quality and proper design as defined, by the principles and standards adopted by the Institute of Electrical and Electronics Engineers, or the Electronic Industries Association. Furthermore, no use shall be carried out on the property so as to cause electromagnetic radiation, which does not comply with the Federal Communications Commission Regulations, or which causes objectionable electromagnetic interference with normal radio or television reception in any zoning district. The proposed use shall not create electromagnetic radiation. 11. Hazardous I~laterials and Hazardous Waste: The operator of any use on the property that uses, handles, stores, or displays hazardous materials or that handles hazardous waste, as defined in ,tO Code of Federal Regulations, Part 261 shall be required to obtain a permit in accordance with Section 11.3, Environmental Review Permits of the City Ordinances. The proposed use does not use, handle, store or display hazardous, or generate hazardous waste. The above-referenced testimony by the applicant certifies that the proposed uses would not violate any of the performance standards listed in Chapter 2, Section 4.N of the Land Development Regulations. The approved site plan shows that the two (2) buildings were approved for a total of 46,660 square feet. The parking methodology was based upon the following: · 23,330 square feet of office area at a rate of one (1) space per 300 square feet · 23,330 square feet of warehouse at a rate of one (1) space per 800 square feet The approved site plan showed that 107 parking spaces were required and that 132 or an excess of 25 parking spaces were provided. Last year, the subject lot was approved for a use approval request (USAP 03-003). The City Commission allowed the following uses: · Gymnastic centers and cheerleading schools; and · InstallaUon, repair, and service of alarms, stereos, and window Unting for automobiles, and ancillary sales. The new uses that were approved in last year's request (USAP 03-003) are important to note because of their inherent need for addiUonal parking spaces. For example, gymnastic centers and cheerleading schools require one (1) parking space per 200 square feet of gross floor area. The proposed "automobile" type uses would also require parking at a higher rate (one space per 250 square feet). Similarly, medical offices require more parking than typical "office" or warehouse uses. According to Chapter 2, Section 11.H.16.d.(19), medical offices require one (1) parking space per 200 square feet of gross floor area. As previously mentioned, the site plan originally provided an excess of 25 extra parking spaces. However, a variance (ZNCV 03-008) approved last year allowed a reduction in the width of the western perimeter buffer to allow construction of addiUonal parking spaces. Subsequent to variance approval, a request for minor site plan modification (MMSP 03~095) for the construction of 23 parking spaces along the western perimeter was approved on October 17, 2003. Now, the plan provides a total of 155 parking spaces, or an excess of 48 spaces based on a combination of office and warehouse uses. However, an insufficient number of parking spaces exist to support office uses throughout the entirety of the project. To solve this problem, the property owner has agreed to monitor the businesses and their respective parking requirements for each tenant by using a spreadsheet (see Exhibit "B" - Letter from .loni Brinkman to Eric Johnson). This spreadsheet would be submitted as part of the building permit and occupational licensing Quantum Park DRI Lot 3 (USAP 04-002) Staff Report Memorandum No PZ-04-104 Page 5 process in order to help mitigate any future parking problems. Also, according to the applicant, each tenant lease would require a copy of the spreadsheet and that document would be submitted with the tenant's application for an occupational license. This spreadsheet would be maintained and continuously updated by the property owner. It would indicate the amount of provided parking on the site, the deduction of required parking per bay, the applicable calculation rate, and the remaining unallocated amount of parking spaces. Obviously, it is the City's responsibility to ensure compliance with the parking requirements. However, the burden of proof is shifted to the property owner who would perpetually maintain the "spreadsheet'(see Exhibit "C" - Conditions of Approval). As previously mentioned, the subject property currently contains an Office - Industrial (OI) land use option. This request for use approval, in part, is to allow medical offices under the "Office" land use option in Lot 3 in the Quantum Park PID. Staff opinion has not wavered from the original position that industrial property should not be converted to commercial property. It seems plausible that the "office" land use classification originated in anticipation of developing industrial principal uses with offices as their accessory uses. However, since "office" uses are already permitted as principal uses within this land use option (the parking and traffic as the performance related factor), then the subject request would be consistent with the intent and purpose of the Quantum Park PID. Over the last few years, the city has witnessed an infusion of residential uses within the PID. This request exemplifies the demand for medical offices. It is more efficient to process use approval applications "categorically" rather than as "lot specific" in order to avoid repeated applications for similar uses. However, given the nature of proposed use with its anticipated higher traffic generation and also, in keeping with the Planning & Development Board's previous recommendaUon for the earlier request for use approval (USAP 03-003), staff recommends that the applicant provide traffic data that demonstrates compliance with the Traffic Performance Standards of Palm Beach County, prior to the issuance of an occupational license (see Exhibit "C"- Conditions of Approval). RECOMM ENDAI'~ON The list of permitted uses for the Quantum Park PID has been specifically tailored to the subject property due in part, to the site's close proximity to adjacent commercial centers and residential neighborhoods as well as its developed (nearly"built-out") characteristic. It is the determinaUon of staff that the requested "medical office" use would be consistent with the intent and purpose of the Office - Industrial (O[) land use option of Lot 3 in the Quantum Park PID. Therefore, staff recommends approval contingent upon meeting the condiUons listed in Exhibit"C"-Conditions of Approval. AddiUonal comments recommended by the Board or Commission would also be included in Exhibit "C" - CondiUons of Approval. S:\Planning\SHARED\WP\PRO.1ECTS~Quantum Lot 3\USAP 04-002 Medical Office\Staff Report.doc L~':~,CATION MA'~' r-~.n~~ ,'-~- LOT 3 QUANTUM PARK PID IN U.ANTUM PARK] '0 1/8 MILES '! A A i.k '0 400.'800 FEET _? /mston Lee Associates. nc. EXHIBIT "B" F.~ '....:!..C C: ;:, June z~, zOua Mr. Eric Johnson Planning & Zoning Division City of Boynton Beach 100 E. Boynton Beach Blvd. Boymon Beach, FL 33425-03 i0 Quantum Park DRI Use List Revision Request Our File No. 98-010.09A Dear Mr. Johnson: As a tbllow up to our telephone conversation last week, I would iike to address your specific concerns as. to the process for monitoring the uses and associated required parking for Lot 3 in the Quantum Park DRI. This project is under the ownership of one entity and all of the square tbotage contained in the buildings is leased to tenants. The owner has agreed to monitor the types of uses and the required parking tbr each on a spread sheet which will be submitted as part of the building permitting process. In addition, each tenant's lease will require that a copy of the sheet be submitted w/th their applications tbr occupational licences. This spread sheet will be maintained and updated by the property owner and will indicate the mount of provided parking on the site, the deduction of required parking per bay and applicable calculation rate, and the remaining unallocated amount of parking spaces. This mon/toring method is similar to what has previously been accepted by the City in similar situations, such as Levitt Commercial's project on Lots 9-12 (~, High Ridge Commerce Center. The applicant agrees to monitor the utilization of parking as outlined above, and this method will put no undue monitoring burden on City staff. I hope this addresses any concerns you may have. Please feel fi-ee to call with any questions. /oni Brinkman, AtCP Project Planner ,,,~, i ~ S .2' ;. i .... PL~t.'::'::i ":: " L~E 'ARTMENTOF, DEVELOPMENT cc: Michael Rumpf Robert Bun-ow I <'~: ()Id Ok¢¢chube¢ Road. Suite IO6. West Pulm Beuch. FL 33409-52?0 Tel: 5~,1-680-4670 · Fax: 561-689-5550 "~-rnuil: winstonwkmLuol.¢om EXHIBIT "C" Conditions of Approval Project name: Quantum Park DRI Lot 3 File number: USAP 04-002 Reference: See Exhibit "D" - Quantum Park DRI Use List Revision Request 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 1. The owner of Quantum Park Lot 3 has agreed to monitor the future business X of each tenant and their required parking. This monitoring system would be accomplished by usin~ a spreadsheet. This spreadsheet would be Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT continuously maintained by the property owner or property owners association and submitted to the Building Division during the permitting process for interior renovations. In addition, the property owner (or tenant) would submit this updated spreadsheet to the Occupational License Division ~vhen applying for an occupational license for a future business. Staff agrees ~vith this monitoring system and further recommends that no occupational licenses or building permits be issued until the applicant formally and satisfactorily demonstrates compliance with all applicable parking requirements. 2. The applicant must present traffic data and a statement indicating that the X proposed use(s) would not exceed traffic counts currently approved for the DRI as based on square footage and uses approved for lots designated "Industrial" and "Office". ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: 3. See condition #1 for added revision underlined. X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 4. To be determined. S:\Planning\Shared\Wp\Projects\Quantum Lot 3\USAP 03-002\COA.doc EXHIBIT D Quantum Park Revised Use List Request Bocar Properties, Inc. - Lot 3 Quantum Park Request to Allow Medical Office The applicant has submitted a use request revision to allow the following use under Section C., OFFICE, of the approved use list for the Quantum Park DRI. These uses are proposed to be allowed on Lot 3 only. · Medical Offices7. 7Applies to Lot 3 only. Chapter 2.5, Sec. 4.N. of the City of Boynton Beach Code requires that all uses conform to performance standards outlined therein. These standards are addressed below. 1. Noise. No use shall be carried out in any zoning districts so as to create sound which is in violation of Section 15-8 of the City of Boynton Beach Code of Ordinances. Response: The above requested use shall be conducted entirely within the building and shall not produce sound in violation of Section 15-8. 2. Vibrations. No use shall be carded out in any zoning district so as to create inherently and recurrently generated ground vibrations which are perceptible without instruments at any point at or beyond the property lines of the property on which the use is located. Response: The above requested use shall not create ground vibrations which would be perceptible beyond the property lines of the subject lot. 3. Smoke, dust, dirt, or other particulate matter. No use shall be carded out within any zoning district so as to allow the emission of smoke, dust dirt or other particular matter which may cause damage to property or vegetation, discomfort or harm to persons or animals, or prevent the reasonable use and enjoyment of property and fights-of-way, at or beyond the property lines of the property on which the use is located. Furthermore, no use shall be carried out so as to allow the emission of any substances in violation of any federal, state, county or city laws or permits governing the emission of such substances. Response: The proposed use does not produce smoke, dust, dirt or other particulate matter and shall comply with all federal, state, county, or city laws or permits pertaining EXHIBIT D to same. 4. Odors and fumes. No use shall be carried out in any industrial district so as to allow the emission of objectionable or offensive odors or fumes in such concentration as to be readily perceptible at any point at or beyond the boundary of industrial districts. For all nonindustrial districts, the standards contained in this paragraph shall apply where district abuts any residential district. Response: The proposed use does not produce any objectionable or offensive odors or fumes. 5. Toxic or noxious matter. No use shall be carried out in any zoning district so as to allow the discharge of any toxic or noxious matter in such concentrations as to cause damage to property or vegetation, discomfort or harm to persons or animals, or prevent the reasonable use and enjoyment of property or rights-of-way, at or beyond the property line of the property on which the use is located; or to contaminate any public waters or any groundwater. Response: The proposed use will not allow the discharge of any toxic or noxious matter so as to cause damage to property or vegetation, discomfort or harm to persons or animals, or prevent the reasonable use and enjoyment of property or rights-of-way, at or beyond the property line of the property on which the use is located; or to contaminate any public waters or any groundwater. 6. Fire and explosion hazards. No use shall be carried out in any zoning district so as to create a fire or explosion hazard to adjacent or nearby property rights-of-way, or any persons or property thereon. Furthermore, the storage, use or production of flammable or explosive materials shall be in conformance with the provisions of Chapter 9 of the City of Boynton Beach Code of Ordinances. Response: The proposed use does not create a fire or explosion hazard. There will be no storage of flammable or explosive materials unless in conformance with Chapter 9. 7. Heat, humidity, or glare. No use shall be carried out in any zoning district so as to produce heat, humidity or glare which is readily perceptible at any point at or beyond the property line of the property on which the use is located. Artificial lighting which is used to illuminate any property or use shall be directed away fi.om any residential use which is a conforming use according to these regulations, so as not to create a nuisance to such residential uses. Response: The proposes use does not produce heat, humidity or glare. No additional lighting is being proposed for the building and the site complies with the City approved site plan which required that lighting be directed away fi.om any residential use. Page 2 EXHIBIT D 8. Liquid waste. No use shall be carded out in any zoning district so as to dispose of liquid waste of any type, quantity or manner which is not in conformance with the provisions of Chapter 26 of the City of Boynton Code of Ordinances, or any applicable federal, state or county laws or permits. Response: Any applicable provisions of Chapter 26 of the City of Boynton Code of Ordinances, or any applicable federal, state or county laws or permits shall be complied with. 9. Solid waste. No use shall be carded out in any zoning district so as to allow the accumulation or disposal of solid waste which is not in conformance with Chapter 10 of the City of Boynton Beach Code of Ordinances, or which would cause solid waste to be transferred in any manner to adjacent or nearby property or fights-of-way. Response: The proposed use shall be in compliance with Chapter 10 of the City of Boynton Beach Code of Ordinances and shall utilize the solid waste receptacles as depicted on the approved site plan, with the exception of the disposal of bio-hazardous waste, which will be handled by an outside licenced company. The company will pick up those materials and they will be disposed of off-site according to current regulations. 10. Electromagnetic interference. No use shall be carded out in any zoning district so as to create electromagnetic radiation which causes abnormal degradation of performance of any electromagnetic receptor of quality and property design as defined by the principles and standards adopted by the Institute of Electrical and Electronics Engineers, or the Electronic Industries Association. Furthermore, no use shall be carried out in any zoning district so as to cause electromagnetic radiation which does not comply with the Federal Communications Commission regulations, or which causes objectionable electromagnetic interference with normal radio or television reception in any zoning district. Response: The proposed use shall not create electromagnetic radiation. 11. Hazardous materials and hazardous waste. Items a. through d. Response: The proposed use do not use, handle, store or display hazardous materials, or generate hazardous waste as described in this section. Page 3 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Quantum Park Lot 3 APPLICANT'S AGENT: Ms. Joni Brinkman, AICP with Winston Lee & Associates, Inc. AGENT'S ADDRESS: 1532 Old Okeechobee Road, Suite 106 West Palm Beach, FL 33409 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: June 1, 2004 TYPE OF RELIEF SOUGHT: Request use approval for medical offices on Lot 3 in the Quantum Park PID. LOCATION OF PROPERTY: Lot 3, Quantum Park PID 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:~Dlanning\SHARED\WP~PROJECTS\Quantum Lot 3\USAP 04-002 Medical Office\DO USAP 04-002.doc VI.-CONSENT AGENDA ITEM F 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 [] April 6, 2004 March 15, 2004 (Noon.) [] June 1, 2004 May 17, 2004 (Noon) [] April 20, 2004 April 5, 2004 (Noon) [] June 15, 2004 May 31,2004 (Noon) [] May4,2004 April 19,2004(Noon) [] July6,2004 June 14,2004(Noon) ~ C-~.-~ [] May18,2004 May 3, 2004 (Noon) [] July20,2004 July 5, 2004 (Noon) .~ [] Administrative [] Legal "~ NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unfmished Business RECOMMENDATION: Motion to approve the release of a Cash Surety (Check #3111, Fidelity Federal Bank & Trust) for Hawk's Landing PUD in the amount of $2,467.00 (Two Thousand Four Hundred Sixty Seven Dollars and no Cents). A letter dated May 3, 2004 requesting said release is attached. EXPLANATION: This surety represents the amount required for restoration in the event the project did not move forward. All site improvements for the project have now been completed and accepted. No warranty period is required for this surety. There are no outstanding issues. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A ~ ' ~ Je~Y 1~. LiveOd, P.E. ' ~t'City Manager's Signature Public Works/Engineering ~ Department Name City Attorney / Finance / Human Resources S:x.BULLETIN~ORMS~xAGENDA ITEM REQUEST FORM.DOC B.B. Engineering dept FAX: 561-742-6000 From: Stephen C Thomas Vice President of construction FAX: 561-304-1512 PHONE: 561-304-1520 CELL: 561-662-8150 Date:. May 3, 2004 Re:. Refund request Frantz On 6/25/03 a check for 2467.00 was paid to the city of Boynton beach for the restoration of the hawks landing site in the event that he job never came to fruition.. We are requesting that this money be reimbursed to Grayhawk development since all of our obligations and inspections have been satisfied. Any question regarding this matter please don't hesitate to call me on my cell at 561-662-81580. SINCERELY STEPHEN C THOMAS VICE PRESIDENT GRAYYHAWK DEVELOPMENT VI.-CONSENT AGENDA ITEM G. 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 [] April 6, 2004 March 15, 2004 (Noon.) [] June 1, 2004 May 17, 2004 (Noon) [] April 20, 2004 April 5, 2004 (Noon) [] June 15, 2004 May 31,2004 (Noon) [] May 4, 2004 April 19, 2004 (Noon) [] July 6, 2004 June 14, 2004 (Noon) [] May 18, 2004 May 3, 2004 (Noon) [] July 20, 2004 July 5, 2004 (Noon) [] Administrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation "o cr~--~ [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unfinished Business o- RECOMMENDATION: Motion to approve the release of cash surety for Boynton Commerce Center in the amount of $1,000.00 (One Thousand Dollars and no Cents). Correspondence dated May 3, 2004 requesting said release is attached. EXPLANATION: The permit for which the referenced surety was required is being voided. There are no outstanding issues. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A Public Works/Engineering ~ Department Name City Attorney / Finance / Human Resources S:~BULLETIN~ORMS~,AGENDA ITEM REQUEST FORM.DOC May 3, 2004 Re: Boynton Commerce Center BoyntOn Beach, Florida Void Clear & Grub Permit Permit//04-175 Mr. Dave Kelly City of Boynton Beach Building Division 100 East Boynton Beach Blvd. Boynton Beach, Florida 33425-0310 Mr. Kelly: We are requesting that the clear and grub permit (permit//04-175) for the Boynton Commerce Center project be voided as it is not necessary now that we have the building permit. The clear and grub permit was never issued and was awaiting approval of a $1,000 surety. We request that the $1,000 surety be returned to us and that the permit fee be refunded to us. Please call me with any concerns. My cell phone is (754) 224-0020. Hugh P. Morris cc: File, Tim Large SPC:q3oounems and Settings~Owner~ly Docun~ntskBoyntoo Conmmrce Centerk52 Licenses & PermitskLtr Void of Clear & Grab 050304.do~ 500 SE 15* Street * Suite 105 · Fort Lauderdale, FL 33316 Phone: (954) 832-9095 * Fax: (954) 832-9096 VI.-CONSENT AGENDA ITEM H. 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 [] April 6, 2004 March 15, 2004 (Noon.) [] June 1,2004 May 17, 2004 (Noon) [] April 20, 2004 April 5, 2004 (Noon) [] June 15, 2004 May 31,2004 (Noon) [] May 4, 2004 April 19, 2004 (Noon) [] July 6, 2004 June 14, 2004 (Noon) [] May18,2004 May 3, 2004 (Noon) [] July20,2004 July 5, 2004 (Noon) ~ .-<~ [] Admimstrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation ~ [] Consent Agenda [] Public Hearing ,,.o [] Code compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Approve acceptance of a cash surety (Exhibit A - attached) in the amount of $5,100.00 (Five Thousand One Hundred Dollars.) EXPLANATION: This surety is required for site restoration with Permit #03-1551 Excavation & Fill Permit. Permit No. 03-1551 for excavation and fill operation for the Quantum Park Lot 34C lake construction was previously approved at the July 15, 2003 Commission. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A ~"2~'0 City Manager's Signature ~,le~y 1~. Liv~rgb~d, p.E. ~ Public Works/Engineering 9~_~ Department Name City Attorney / Finance / Human Resources S:~BULLETINWORMSX, AGENDA ITEM REQUEST FORM.DOC EXHIBIT A (pg. 1) EXHIBIT "N-2" i:.!~ ~"~'{ - 7 2004 (LDR, Chap. 7, ~. CASH BO~ KNOW ALL MEN BY THESE PRESENTS: PRINCIPAL, tenders unto' 'the City of Boynton 'Beach, ~ political subdi~sion qf the State of Florida, hereinafter called CITY, the full and jfist sum of~.~ O Ot ~/n,~d 5 U. S. Dollars ($.~/o.o, ~ ), lawful money of the United States of ~nerica, to which payment well and truly made, bind ourselv~, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents: [WHEREAS, the above'bound PRINCIPAI~.has received apla~'oval from the CITY for the rccording of a certain subdivision plat known as .~Ll~..~t~tv, -_.~f'>~Y J'~' and such recording is prior to completion of construction of°thc Required Improvements as prescribed by the Subdivision, Platting and Required Improvements Regulations, Chapters 2.5, 5 and 6 respectively of the Land Development Regulations of the City of Boynton Beach, hereinafterthe~ REGULATIONS, pertaining to said subdivision;] or [WHEREAS, the above bound PRINCIPAL has received approval from the CITY for the construction of a certain project known as ~,.~o3c ~:~ .... i~ , and such project shall construct and install the required public improvements to support the Project pursuant to the terms of the Permit,] and WHEREAS, PRINCIPAL has been issued that certain [ ~K__~_ .~g~..:_-~_ ~.e[ ~l-t~ l { Permit] [Land Development Permit] Number O3,1.5'~- ~ , hereinafter the PERMIT, for construction of said Required Improvements, a copy of which is attached hereto and by reference made a part hereof; and WHEREAS, it was one of the conditions of said REGULATIONS and PERMIT that this bond be executed. NOW, THEREFORE, the conditions of this obhgation arc such that if thc above bound PRINCIPAL shall in all respects comply or cause others to comply with the terms and conditions of said PERMIT, within the time specified, and shall in every respect fulfill [its][his][her][their] obligation thereunder and under the plans therein referred to, then this obligation to be void; otherwise, to be and remain in full force and effect.. The PRINCIPAL and CITY agree that the City Engineer may, in writing, reduce the initial amount stated above in accordance with the requirements of said REGULATIONS. Page I of 3 pages - EXHIBIT A (pg. 2) The I:;RINCIPAL unconditionally convenants and agrees that if the PRINCIPAL fails to perform within the time specified by the PERMIT, all or any part of [its][his][her][their] obligation established by said PERMIT and the REGULATIONS, the CITY, upon thirty (30) days written notice from the CITY or its authorized agent to the PRINCIPAL or its authorized agent or officer, shall, at CITY'S Option, have the fight to complete the PRINCIPA~L'S obligation or, pursuant to public advertisement and receipt of bids, cause to be completed these aforesaid improvements in the case the PRINCIPAL should fail to or refuse to do so in accordance with the terms of the PERMIT. In the eve~..the CITY should exercise and give effect to such right, the PRINCIPAL shall be liable and ~nies tendered hereby shall be used to reimburse the (}ITY the total cost thereof, including,.)~itXnot limited to, engineering, legal, and contingent costs, together with any damages either~lirect or consequential, which may be sustained on account of the failure of the PRINCIPAt.~ to carry out and execute all the terms and provisions of the PERMIT. IN WITNESS WHEREOF, the PRINCIPAL has executed these presents this ~:5~ day of (COR}' SgAL) Ia Florida oorporation][a (state) corporation, licensed t~'d~'6 usine ss. in'~Jen"~]/ - ATTE : -(tmpre~ionable corporate s~al) lmown to me, or has produced as identification, and who executed the foregoing instrument as [Viee] President of . ~ .... a corporation, and severally acknowledged to and before me that [he][s'l~e] executed such insmament as such officer o£said corporation, and that the seal affixed to the foregoing instrument is th~ corporate seal of Page 2 of 3 pages EXHIBIT A (pg. 3) ' said corporation and that it w~ affixed to said instrument by due and regular corporate authority, .. and that instrument is the free act and deed of said corporation. WITNESS my hand and official seal this ~ _. day of My commission expires: ~ · ~'Notary Public ~~ ,,,,,.'~Z ~':~'?,,,. (INDIVIDUAL PRINCIPAL) i · · . · . ¥;/,/;:~,~"'"" ~ COUNTY OF -. _-~?r7 .~_ ~'~) ) BEFORE M~ p~onally appom'ed (q~[.;'~~JX/ who Iisi[arc] personally known to me or [has][have] produced ' · [and , respectively] as identification, and wh° executed the' foregoing instrument, and acknowledged before me that [hc][she][th~y] executed said instmrncnt for the purpose expressed therein. . My commission ..,,,,,,,,:'~' ~ ~ ~ '~;:,,,,,. . _~ "~ItlI~IIIIB Pagc 3 of 3 pagcs VI.-CONSENT AGENDA CITY OF BOYNTON BEACH ITEM I. AGENDA ITEM REQUEST FORM Requested Cit)' 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 [] April 7, 2004 March 15, 2004 (Noon.) [] June 1, 2004 May 17, 2004 (Noon) [] April 20, 2004 April 5, 2004 (Noon) [] June 15, 2004 May 3 I, 2004 (Noon) [] Ma)' 4, 2004 April 19, 2004 (Noon) [] July 6, 2004 June 14, 2004 (Noon) [] May 18, 2004 Ma)' 3, 2004 (Noon) [] July 20, 2004 July 5, 2004 (Noon) [] Administrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Un£mished Business RECOMMENDATION: Return cash bond of $2,200.00 to Premier Commercial Realty, Inc. for the project known as Premier Gateway Business Center (Lots 32-38). EXPLANATION: On April 6, 2004, the Building Division sent to the Finance Department a cash bond of $2,200.00 for the completion of the permitted work for the project known as Premier Gateway Business Center (Lots 32-38) located at 3400 Quantum Blvd. The work has been completed and the Certificate of Occupancy has been issued. PROGRAM IMPACT: None FISCAL IMPACT: None ALTERNATIVES: None "~uhntus ~.{~r~ne~ Development Director City Manager's Signature Development Department ~ Department Name City Attorney / Finance / Human Resources SSBULLETIN~ORMSkAGENDA ITEM REQUEST FORM.DOC 2100 Park Central Boulevard, North / Suite 900 Pompano Beach, Florida 33064 Telephone: 954-971-9500 / Facsimile: 954-971-6629 April 27, 2004 Don Johnson, Building Director City of Boynton Beach 100 East Boynton Beach Boulevard Boynton Beach, Florida 33435 SENT BY HAND DELIVERY Re: Cash Surety return request. Dear Don, -~. Premier Gateway Center at Quantum L'LP., has been issued final C.O. for Quantum building 3, at 3400 Quantum Blvd. Permit # 00-1452. Premier Gateway Center at Quantum LLP., requests return of the $2,200.00 cash surety needed;for 30 day TCO. Attached is a copy of the permanent CO issued 4/23/04. Respectfully submitted, PREMIER GATEWAY CENTER AT QUANTUM LLP By: Dave Miller / Project Manager cc. Whitney Peterson EXHIBIT "A" DEPARTMENT OF DEVELOPMENT BUILDING DIVISION MEMORANDUM NO. 04-069 TO: Diane Reese, Finance Director FROM: Don Johnson, Building Official/~ DATE: April 6, 2004 SUBJECT: CASH BOND - PREMIER GATEWAY BUSINESS CENTER (Lots 32-38) - 3400 QUANTUM BLVD. Attached is a Cashier's Check for $2,200.00 from Premier Commercial Realty, Inc. This is a cash surety . for Premier Gateway Business Center (lots 32-38) 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 Lynn Bender, ASLA and check XC: Timothy K. Large, Building Code Administrator Permit File # 00-3909 EXHIBIT "B" S?Oevelopment~BUILDING~emos~ash Bonds - 2004~emier Gateway Business C~nter 00-3909.doc Bankof America.-~- C~ OF BOYmON BEACH i%~~ 3637 Boynton ~a~, F~ri~ /DEPARTMENT.'~ FOR EXHIBIT "C" l inston . . Associates, Inc. April 6, 2004 Mr. Don Johnson City of Boynton Beach Building Dept. 100 E. Boynton Beach Blvd. Beynton Beach, FL 33425 RE: Quantum Park- Premier Gateway Business Center (aka. Lots 32-38) Our File No. 98-010:14 Dear Mr. Johnson: This office has reviewed the completed landscape planting installation for the Premier Gateway Business Center and,. based upon our visual observations, believeit to 'be consistent with the design intent as approved by the City. Only a few minor items remain to be completed from our final punch list. As the projects Landscape Architect of record for Winston Lee & Associates, Inc., we estimate the remaining landscape cost not to exceed two thousand dollars ($2000.00). Please fe~l free to call if you have any questions or require additional information. Lyn~l~nder, ASi~ Proj~t Manager ' cc: Andy Pribyl, Premier Commercial Realty, Inc. Noel Delvalle, Becker Landscaping & Irrigation Winston Lee 1532 Old O~eedlobee Road. Suite 106, Weal Palm Beemix. l~ ~3409-5270 ~61~689-4670 ,. 1~ax561-689-~559 EXHIBIT "D" VI.-CONSENT AGENDA ITEM J. 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 [] April 6, 2004 March 15, 2004 (Noon.) [] June l, 2004 May 17, 2004 (Noon) [] April 20, 2004 April 5, 2004 (Noon) [] June 15, 2004 May 31,2004 (Noon) [] May4, 2004 April 19, 2004 (Noon) [] July 6, 2004 June 14, 2004 (Noon) [] May 18, 2004 May 3, 2004 (Noon) [] July 20, 2004 July 5, 2004 (Noon) [] Administrative [] Legal NATURE OF [] Announcement [] New Business c'~ AGENDA ITEM [] City Manager's Report [] Presentation ~ ...~--< [] Consent Agenda [] Public Hearing ..~ c-~ [] Code compliance/Legal Settlements [] Unfinished Business ! ~<::~ RECOMMENDATION: "~ Motion to approve full release of surety covering the water and sewer systems for the proj~gt ~-~m known as High Ridge Commerce Center lots 9-12 and returning the cash surety in the amd_.tint $5,125.00 to the developer. ~o EXPLANATION: The water and sewer systems serving this project have been completed, all documentation has been provided and the system is operating satisfactorily. The cash surety may now be refunded to the developer. PROGRAM IMPACT: None FISCAL IMPACT: None ALTERNATIVES: None. Department H~ad's Signature Ci~y'Mana-g~'s Signature UTILITIES Department Name City Attorney / Finance / Human Resources XC: Dale Sugerman (w/copy of attachments) Peter Mazzella " Barbara Conboy " Mary Munro, Finance Dept. File " S:~BULLETINLFORMS~AGENDA ITEM REQUEST FORM.DOC DIRECT PAYMENT REQUISITION Please issue a check in the amount of $ 5,125.00 To: Levitt Commercial High Ridge, LLC P.O. Box 5403 Fort Lauderdale, FL 33310-5403 For: Full release of cash surety for the project known as High Ridge Commerce Center Lots 9-12 Commission Approval: Requested by Peter V. Mazzella, Deputy Utilities Director Date May 3, 2004 Approvals: Finance Dept. City Manager $5125.00 jevitt Commercial High Ridge, LLC CITY OF BOYNTON BEACH 12/24/02 Cf{# 02122 SUi{ETY DEPOSIT 5125.00 RECEIVED JAN !2 ~ BOYNTON Jl~ UTILITII iS PL~E DETACH ~D RETNN FOR YOUR RECORDS ~ ~~~~ THE FACE OF THIS DOCUMENT HAS A COLORED BACKGROUND ON WHITE PAPER VI.-CO NSENT AG EN DA CITY OF BOYNTON BEACH ITEM K. AGENDA ITEM REQUEST FOR . 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 [] April 7, 2004 March 15, 2004 (Noon.) [] June 1, 2004 May' 17, 2004 (Noon) [] April 20, 2004 April 5, 2004 (Noon) [] June 15, 2004 May 31, 2004 (Noon) [] May 4, 2004 April 19, 2004 (Noon) [] July 6, 2004 June 14, 2004 (Noon) [] May' 18, 2004 May 3, 2004 (Noon) [] July 20, 2004 July 5, 2004 (Noon) ~-~ [] Administrative [] Legal -'< r-- NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation ~ c,~::~ [] Consent Agenda [] Public Hearing '7' ~-~c~ [] Code compliance/Legal Settlements [] Unf'mished Business RECOMMENDATION: Return cash bond of $10,468.96 to Centex Homes for the project known as The Harbors (Buildings 3 & 5). EXPLANATION: On April 22, 2004, the Building Division sent to the Finance Department a cash bond of $10,468.96 for the completion of the permitted work for the project known as The Harbors (buildings 3 & 5) located at 2280 N. Federal Highway. The work has been completed and the Certificate of Occupancy has been issued. PROGRAM IMPACT: None FISCAL IMPACT: None ALTERNATIVES/~ Quintus LL~eenqe, qev~]°p'ment Director City Manager's Signature Development Department Department Name City Attorney) ~n~ance / Human Resources S:~BULLETIN~FORMS~AGENDA ITEM REQUEST FORM.DOC DEPARTMENT OF DEVELOPMENT BUILDING DIVISION MEMORANDUM NO. 04-088 TO: Diane Reese, Finance Director FROM: Don Johnson, Building Official ~) DATE: April 22, 2004 SUBJECT: CASH BOND - THE HARBORS - 2280 N. FEDERAL HWY. (Buildings 3 & 5) Attached is a Cashier's Check for $10,468.96 fi:om Centex Homes. This is a cash surety for the Harbors (Buildings 3 and 5) 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 fi.om Robert A. Bentz and check XC: Timothy K. Large, Building Code Administrator Permit File # 03-1765 EXHIBIT "A" S:~)evelopmentXBUlLDIlqOhMemosXCash Bonds - 2004\The Harbors 03-1765.doc Bankof America. Cashier's Check No. 3 5 ~312 8 0 ,'.t 5ct & 2BO,' m.' & &hOOOO ~ctm-' OD ~,&l. i, OO 2D~ 2,' II IIII Boynton Beach, Florida DATE ~2~ DEPARTMENT ,cr~ '~-"DOLLARS FOR EXHIBIT "B" LAND DESIGN Land Planning SOUTH Landscape Architecture Environmental Consultation April 12, 2004 Don Johnson .Building Official City of Boynton Beach - Planning and Zoning Division 100 E. Boynton Beach Blvd. PO Box 310 Boynton Beach, FL 33425-0310 Re: The Harbors Dear Mr. Johnson, As required for the issuance of a C.O. to Centex Homes for buildings//3 and #5 (both 4 unit buildings) of the above-referenced property, the following is the information required for the required bond as the irrigation is incomplete. The total contract amount is $9,517.24. For the purposes of the bond requirement: $9,517.24 x 110% = $10,468.96 Required Bond Should you need additional information, please contact our office. Sincerely, UTH ¢~nce~pMA. Befl~ ASLA, AICP RAB/em cc: Kevin Borkenhagen, Centex Homes EXHIBIT "C" 2101 Control)ark West Drive, Suite 100 [ West Palm Beach, Florida 3,3409 [ 561 .-478-8,501 FAX 561-478-,5012 1100 St. Lucle West Blvd., Suite 103A J Port St. Lucle, Florida 34986 J 772-871-7778 FAX 772-871-9992 CITY OF BOYNTON BEACH P.O. BOX 310 BOYNTON BEACH FL 3342 C E R T I F I C. ATE OF OCCUPANCY PERMANENT Issue Date ...... 5/12/04 Parcel Number ..... 08-43-45-15-03-000-0060 Property Address 2280 N FEDERAL HWY BOYNTON BEACH FL 33435 Subdivision Name Legal Description Property Zoning .... PLANNED ZONED DISTRICT Owner ......... CENTEX HOMES Contractor ...... CENTEX HOMES 561 536-1000 Application number 03-00002932 000 000 Description of Work TOWNHOUSE Construction type TYPE VI/UNPROTECTED Occupancy type .... RESIDENTIAL Flood Zone ...... A-9 FLOOD ZONE Special conditions FINISH FLOOR ELEVATION 9.39 LAG 8.3 MAP/PANEL 120196-0004 C 9/30/82 111 HARBOR WAY 112 HARBOR WAY 113 HARBOR WAY 114 HARBOR WAY BUILDING #3 Approved ....... Bui 1~. i~ci~~-~ VOID UNLESS SIGNED BY BUILDING OFFICIAL EXHIBIT "D" CITY OF BOYNTON BEACH P.O. BOX 310 BOYNTON BEACH FL 33425 CERTIFICATE OF OCCUPANCY PERMANENT Issue Date ...... 5/12/04 Parcel Number ..... 08-43-45-15-03-000-0060 Property Address 2280 N FEDERAL HWY BOYNTON BEACH FL 33435 Subdivision Name Legal Description Property Zoning .... PLANNED ZONED DISTRICT Owner ......... CENTEX HOMES Contractor ...... CENTEX HOMES 561 536-1000 Application number 03-00002934 000 000 Description of Work TOWNHOUSE Construction type TYPE VI/UNPROTECTED Occupancy type .... RESIDENTIAL Flood Zone ...... A-9 FLOOD ZONE Special conditions FINISH FLOOR ELEVATION 9.29 LAG 8.3 MAP/PANEL 120196-0004 C 9/30/82 119 HARBOR WAY 120 HARBOR WAY 121 HARBOR WAY 122 HARBOR WAY BUILDING #5 Approved ....... ~r~.~w-~ Building 6ff~ficial VOID UNLESS SIGNED BY BUILDING OFFICIAL EXHIBIT "E" VI.-CONSENT AGENDA ITEM L. 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 [] April 6, 2004 March 15, 2004 (Noon.) [] June 1, 2004 May 17, 2004 (Noon) [] April 20, 2004 April 5, 2004 (Noon) [] June 15, 2004 May 31,2004 (Noon) [] May 4, 2004 April 19, 2004 (Noon) [] July 6, 2004 June 14, 2004 (Noon) [] May 18, 2004 May 3, 2004 (Noon) [] July 20, 2004 July 5, 2004 (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 the acceptance of a Performance Bond for Quantum Townhomes East & West (aka Parkside) in the amount of $137,500.00 (One Hundred Thirty Seven Thousand Five Hundred Dollars and no Cents). EXPLANATION: The surety is being posted m satisfy Condition of Approval//16 of the Development Order for this project. A traffic signal was found to be warranted at this intersection based on projected traffic volumes generated at full build-out of the project. Posting of this surety will ensure funds are available upon project completion to signalize the intersection of Gateway Blvd. and Quantum Blvd. if the warrants for a signal are still found to exist based on actual traffic counts. Although funds are reserved, fmal construction of this traffic signal will require approval of the Palm Beach County Traffic Division.. PROGRAM IMPACT: N/A FISCAL IMPACT: ~c~ c~-~ N/A ALTERNATIVES: N/A / L eigo City Manager's Signa e Public Works/Engineering Department Name [- -City Att~tney'ey'~Finance / Human Resources s :~BULLETINWORMS~AGENDA ITEM REQUEST FORM.DOC ~XHIBiT A (pg 1 of 6} ExliiBrr (LDR, Chap. 7, A~. I, Sec. CL~ Cn~p. 7.~, An. a, PERFORCE BOI~D ~o,~ ~o. ~27~o~ KNOW ALL ~ BY TI-I~SE PI~SENTS: · e ~m ed ~Xrty n '~no~, ~ C~, ~e ~ ~ ~ of ~v. ~ ..~ .~-: U.S. (~ .~.~ la~ m~ of~ U~t~ S~ of~~ ~ ~ p~ ~ ~e Ci~ of Bo~n B~ ~ wMch pa~ ~ md ~y be ~ w~ ~ o~elv~, o~ h~ ~u~ ~~to~, ~~ ~d ~si~, jo~y ~ s~y, fi~y by ~e p~: r~p~vcly of~c ~d ~1~ ~~ of~ ~ ofBo~ton B~c~ h~~ ~c ~~~ONS, p~ ~ s~ s~on;] ~ ~, ~e ~v~ ~ P~C~ ~ r~v~ a~rov~ ~m ~e C~ For ~e ~t~ Park To.homes .. , , ~ ~ch P~t] ~n~ D~clo~P~] N~b~ .._ ~ . ' .. h~r ~ P~, for co~cg~ of s~ ~~ l~V~en~ a copy ~f wMch ~ ~ ~ ~ by ref~ncc ~nd ~ NOW, ~~0~, ~e co~o~ of ~s o~t~iou ~ s~h ~t if ~e ~ove bo~d ~C~ ~ ~ ~1 ~ ~ly or oa~$ o~ to comp~ ~ ~ ~ ~d ~n~c~ of ~d P~, ~h~ ~= ~= ~~ ~ ~ ~ ev~ ~t ~ [i~]~s][h~][~] ob~t~ ~e~d~r md ~d~ ~c pl~s ~e~ ~ef~d to, ~ ~ oblii~ ~ Be void; Pa~s 1 of 4 p~ ,EXHIBIT A (pg 2 of 6) The PRINCIPAL .and CIT~ l~ree that. ~C~ falls to p~ ~ or ~y p~ of ~ ~cfi~ ~ ~qu~ by s~d P~ May (CO~O~T~ D.R. Ho~on, Inc. ~sio~b~ eo~or~ta s~l) Pa~e 2 o~'4 pa~s EXHIBIT A (pg 3 of 6) ADDRESS: 1192 East Newport Center Drive, ~utte 150 0NDrVIDUAL PRINCIPAL) WITNESS: BY: ~ ADDP~$S: ................ (SURBTY SIGNATURE BLOCK) s~o ~ ~ o[ ~,=~.._~ . ~ S~ Krlsttn Haley K~erly a. ~av;mter, im ~omey-~-fa0t fu~ of a~o~y m~ be ~cMd) and FL ~censed Resident Agent Page 3 of 4 pa~es EXHIBIT A (pg 4 of 6) c/o Willis of Florida ADDRESS; 6200 Co_urtney Campbelli~swy., #300 Tampa, FL 33607 STATE OF Florida ) ' COUNTY OF H.illsborough pe~mlb, known to n;s o~ [lms~(haw] ~oduced~,~u~ ._.~o~ [m~i , re~eotiveI¥] a~ ideaflfleatton, ~ who ~x~u~i th~ for~goin$' imtmm~ut, and admowledged bafc~ m~ that [he][sho][th~] executed said/mmnnent for th, pmloos, ~xpr~s~ ~rg~et A. Ginem OFFICIAL SEAL ~ MARGARET A. OINEM~-~. Notary Public Sta~e of Florida Comm. # DD 176563 'Nt] Comm. Exp. Jan: 8, 2007 Page 4 of 4 pagss E]~IBI~T A (pg 5 of 6) S A F E C O® POWER SAFECO,NSUP. ANCECOMPANYOFAMER,CA GENERAL INSURANCE COMPANY OF AMERICA OF ATTORNEY HOME OFFICE: SAFECO PLAZA SEATTLE, WASHINGTON 98185 No. 10171 KNOW ALL BY THESE PRESENTS: That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corporation, does each hereby appoint *********************-- W. DUNN; DAVID H. CA1LR; KIMBERLY A. TAVERNIER; ANETT CARDINAL.E; L1NDA J. MEYER; Tampa, ************************** its true and lawful attomey(s)-in-fact, with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar character issued in the course of its business, and to bind the respective company thereby. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents this 13th day of September 2002 CHRISTINE MEAD, SECRETARY MIKE MCGAVlCK, PRESIDENT CERTIFICATE Extract from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: "Article V, Section 13. - FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attomeys-in-fact or under other appropriate titles wilh authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business... On any instrument making or evidendng such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authorily or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970. "On any certificate executed by lhe Secretary or an assistant secretary of the Company setting out, (i) The provisions of Article V, Section 13 of the By-Laws, and (ii) A copy of the power-of-attorney appointment, executed pursuant thereto, and (iii) Certifying that said power-of-attomey appointment is in full force and effect, the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof." I, Christine Mead, Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By-Laws and of a Resolution of the Board of Directors of these corporations, and of a Power of Attorney issued pursuant thereto, are true and correct, and that both the By-Laws, the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation thi~ . 7th dayof May , 2004 CHRISTINE MEAD, SECRETARY S-0974/SAEF 2/01 ® A registered trademark of SAFECO Corporation 09/13/2002 PDF gXliI~I~ A (pg 6 of 6) IMPORTANT NOTICE TO SURETY BOND CUSTOMERS REGARDING THE TERRORISM RISK INSURANCE ACT OF 2002 As a surety bond customer of one of the SAFECO insurance companies (SAFECO Insurance Company of America, General Insurance Company of America, First National Insurance Company, American States Insurance Company or American Economy Insurance Company), it is our duty to notify you that the Terrorism Risk Insurance Act of 2002 extends to "surety insurance". This means that under certain circumstances we may be eligible for reimbursement of certain surety bond losses by the United States government under a formula established by this Act. Under this formula, the United States government pays 90% of losses caused by certified acts of terrorism that exceed a statutorily established deductible to be paid by the insurance company providing the bond. The Act also establishes a $100 billion cap for the total of all losses to be paid by all insurers for certified acts of terrorism. Losses on some or all of your bonds may be subject to this cap. This notice does not modify any of the existing terms and conditions of this bond, the underlying agreement guaranteed by this bond, any statutes governing the terms of this bond or any generally applicable rules of law. At this time there is no premium charge resulting from this Act. VL-CONSENT AGENDA I'TEM M. 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 [] April 6, 2004 March 15, 2004 (Noon.) [] June 1, 2004 May 17, 2004 (Noon) [] April 20, 2004 April 5, 2004 (Noon) [] June 15, 2004 May 31, 2004 (Noon) [] May 4, 2004 April 19, 2004 (Noon) [] July 6, 2004 June 14, 2004 (Noon) [] May 18, 2004 May 3, 2004 (Noon) [] July 20, 2004 July 5, 2004 (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 approve the "SURPLUS VEHICLE/EQUIPMENT LIST" as submitted by Public Works Department and allow for the sale of same. EXPLANATION: Procurement Services has reviewed the "SURPLUS VEHICLE/EQUIPMENT LIST" as submitted by Public Works/Fleet Maintenance Division (see attached memo #04-085). Utilizing the City Of Boynton Beach disposal process for surplus vehicles will allow the vehicles/equipment to be auctioned and generate revenues to the Fleet Maintenance Funds. Procurement Service requests Commission's review, evaluation and approval to sell the surplus property. PROGRAM IMPACT: The disposal of surplus vehicles/equipment will provide inventory control maintena~ and allow for receipt of revenues through a process monitored by Procurement Services. ~-~ ~c~ FISCAL IMPACT: The revenues generated from the sale of surplus vehicles/equipment will be placed in tlfe~lee~ Maintenance Fund in the following account: Revenue Account No. Account Description 501-0000-365.01-00 Sale of Surplus Equipment ALTERNATIVES: Maintain the vehicles/equipment in inventories with high maintenance costs which conceivably impact operations due to down time for repairs, ] .,...~ Deputy Director of Financial Services City Manager's Signature Procurement Services Department Name City Attorney ]'lSin-ance / Human Resources S3BULLETINWORMS~AGENDA ITEM REQUEST FORM.DOC C: Chris Roberts - Deputy Director of Public Works File RECEIVED PUBLIC WORKS DEPARTMENT MAY I1 2004 MEMORANDUM #04-085 PROCL)R~N)' SERVICES U TO: Bill Atkins, Deputy Director of Finance THRU: Jeffrey Livergood, P.E., Director of Public Works ,3t2L Chris Roberts, Deputy Director of Public Works ~ FROM: Robert H. Lee, Fleet Administrator0~,// SUB J: Surplus Front Loader Sale DATE: April 29, 2004 The resources listed in this memorandum are to be replaced in the next few weeks. At that time they will be listed as surplus. Each unit currently has a replacement on order through Great Southern Peterbilt with an estimated delivery date of May 15th, 2004. Fleet Administration is requesting the approval of the City Commission to sell these excess resources through a "sealed bid" process. This proposal is directed towards offering these units to all local or regional "Governmental" agencies in need of Solid Waste Collection vehicles. The reason for the sale to governmental agencies only, we have received calls from local Cities that are in the need of this specialized equipment and have a very small operating budget. They are looking for used equipment to meet the needs of their communities. Should this path prove fruitless, a "second bid" offering to the general public would be recommended. ID # Make Year Model Type Vin # 1080 Mack 2000 MR688S E-Z Pack Loader 1M2K195CSYM015150 1083 Mack 2000 MR688S E-Z PackLoader 1M2K195CXYM015151 RHL/agga Attachment Copy: PW Files S:~PW'~Correspondence\2004 Memos - Interdepartment & Interoffice\04-085 Atkins - Surplus Front Loader Sale.doc VI.-CONSENT AGENDA ITEM N. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORtv Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to CiW Clerk's Office Meeting Dates in to City Clerk's Office [] April 6, 2004 March 15, 2004 (Noon.) [] June 1, 2004 May 17, 2004 (Noon) [] April 20, 2004 April 5, 2004 (Noon) [] June 15, 2004 May 31, 2004 (Noon) [] May 4, 2004 April 19, 2004 (Noon) [] July 6, 2004 June 14, 2004 (Noon) [] May 18, 2004 May 3, 2004 (Noon) [] July 20, 2004 July 5, 2004 (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 of donation from State Forfeiture Funds in the amount of $5,000.00 to Lake Worth Community High School Criminal Justice Academy. EXPLANATION: The Criminal Justice Academy has requested the Cities for help in funding their program for the 2005/2006 school year budget. The Palm Beach County School Board does not fund most of the financial need of the program. They are asking for assistance for matching funds to meet the need for the Byrne Grant. PROGRAM IMPACT: N/A FISCAL IMPACT: State Forfeiture Funds in account 691-0000-04-25 $44,037.00. ..~ Total donation requested $5,000.00 Funding request will have no fiscal impact on our budget. ALTERNATIVE?/.' '~ ~/ /D~parTanclnt~Iead's Signature City Manager's Signature Department Name [- ~2-ity ~[~ney ]'Finance / Human Resources S:~BULLETIN~ORMS~AGENDA ITEM REQUEST FORM.DOC LAKE WORTH COMMUNITY HIGH SCHOOL 1701 LAKE WORTH ROAD ~ TELEPHONE (561) 533-6323 LAke WORTH, FlORiDa 33460 ~J Fax (561) 540-9888 ANA MEEHAN PRINCIPAL E-mail: perrs~palmbeach.kl 2.fi.us May 10tL 2004 Dear Chief Marshall B. Gage As we close the school year I am pleased to report that of our 33 graduating seniors 27 our college bound. This is by far the highest percentage that we have ever had. Currently there are 9 of our graduates working in local and county law enforcement and 2 working in corrections that we know of. The programs successes over the first 11 years are do in no small part to your support of the Academy. As we prepare for our 12~ year we need your assistance. As you know, the school board does not fund this program. This coming year we are going to have 94 incoming freshmen that will bring our total enrollment to 230. We can expect to have t purchase 25 complete uniforms to aceormnodate growth and for replacement at a cost of $79.50 per uniform. Our annual uniform cleaning and maintenance cost is approximately $3,000.00. This year we took 19 students and 4 chaperones to the F.P.S.A. state competition in Daytona Beach at a cost of $6,500.00. While there our students participated in 13 different competitions and won one 1 ~ place, two 2aa places, thirteen 3ra places, two 4t~ places and 4 5th place awards along with seven $500.00 scholarships from Johnson & Wales University. We also have expenses related to our Mock Trial team as well as classroom needs for teaching materials and supplies. AS you can see our annual budget for operating exceeds $11,000.00 and this is just an estimate. Next year we hope to be able to take more students to the F.P.S.A. con-q0etitions and give our students the opportunity to compete against students fi~om all over the state in criminal justice related events. We will also be preparing to write a Byme grant for the 2005/2006 school year for which we will need a 25% cash on hand account to cover our portion of the grant. That grant will allow us to replace uniforms that will be 6 years old, upgrade our 20 computers to keep current with technology growth, purchase 200 textbooks at approx. $80.00 each as well as cover the above listed annual expenses. If our Byme grant is for $35,000.00 we wfll have to have $8,750.00 when we file our application. W'rth our projected expenses, and our need for the Byme grant I feel that we will need an income of approximately $20,000.00 to carry us for the next 2 school years. AS you may or may not know the Academy does qualify to receive L.E.T.F. monies as we are covered under current law as an educational institution. In the past many of the local and county agencies have been able to assist us in this financial obligation. We have not had to ask for any Accredited by the SOUTHERN ASSOCIATION of COLLEGES and SCHOOLS since 1922 · Merit School Award Since 1989 · Designated School of Exceilence 1991 (Reach for exce!lence Award Program) money fiom any of you for the past two years but we are now running out of our reserves. Our fiscal year starts on July 1~t, 2004. We will not need any money until after October 1*t, 2004 as we have enough on hand for start up for the 2004/2005 school year and our suppliers give us 30 days to meet our obligations. The school board policy also allows us to over expend our internal account as long as we replace it by the end of the fiscal year and due to the fact that we have never been in the red at the end of a year we know that we will be allowed to continue this. We need your financial support. Any amount that your agency can provide will be greatly appreciated. If you can provide a letter of financial commitment at some point prior to October 1~t so we may know how much we might be receiving that would be most helpful for our budgeting for next year and the Byrne grant application. Thanks for all of your support of the Academy in the past and we know that with your continued support we will be able to provide the youth of Palm Beach County with a quality Criminal Justice program here at Lake Worth High School. Sincerely~yqurs / J Capt. Thomas M. Perry, (Ret. P.B.P.D./V Department Chairperson Ps. I hope to see you at the May 20th Chiefs Association Breakfast Meeting here at Lake Worth High. VI.-CONSENT AGENDA TTEM P. CITY OF BOYNTON BE AGENDA ITEM REQUEST vumv 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 Cit~ Clerk's Office [] April 6, 2004 March 15, 2004 (Noon.) [] June 1, 2004 May 17, 2004 (Noon) [] April 20, 2004 April 5, 2004 (Noon) [] June 15, 2004 May 31, 2004 (Noon) [] May4, 2004 April 19, 2004 (Noon) [] July 6, 2004 June 14, 2004 (Noon) [] May 18, 2004 May 3, 2004 (Noon) [] July 20, 2004 July 5, 2004 (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: Authorize the use of Community Investment Funds from Mayor Taylor ($500), Vice Mayor Ferguson ($500), Commissioner Ensler ($2,000) and Commissioner McKoy ($500) to American Legion Post 164 to help offset cost of the 19' x 20' addition for handicapped accessible restrooms for disabled veterans. EXPLANATION: Commission approval for allocation of $3,500 of community investment funds to American Legion Post 164 PROGRAM IMPACT: Allocation of funds will assist the above program. FTSCAL IMPACT: Funds are budgeted for these types of activities. Each Commissioner has $12,000 in Community Investment funds to allocate subject to Commission approval. ALTERNATIVES: Decline to authorize the requested use. Department Head's Signature City~lVianager's Signature Cib/Clerk's Office Department Name ~"' ~ty Attor-dey / Finance / Human Resources S:\CC~WP\CCAGENDA\Community Investment Funds~Agenda Item Request For American Legion Post 164 - 06-01-04.doc EXHIBIT A COMMUNITY INVESTMENT FUND DISBURSEMENT REQUEST FORM Part I- Summary of Request Date of Request: May 14, 2004 Requested by Mayor Jerry Taylor Amount Requested: $500 Recipient/Payee: American Legion Post #164 Description of project, program, or activity to be funded: Donation to cover site improvements for a 19' x 20' addition of handicapped accessible restrooms for disabled veterans. ~ M. P-rainito, City Clerk Part II-Availability of funds (to be completed by the Finance Director) The annual appropriation of funds available to the requesting Member of the Commission listed above is $12,000.' $2,795 has been used to date by the requesting Member, leaving a balance of available funds of $9,205. This request would bring the available amount down to $8,705. According~ There are funds available as requested r~ There are insufficient funds available as requested. Dated: ,..%--l (~ ~) d[ By: ~ ~ Finance Director Part III- Eligibility Evaluation (to be completed by City Manager) u The proposed expenditure of funds will not result in improvement to private property; ~ The recipient/payee is a resident of the City of Boynton Beach or is a legal entity with offices in the City of Boynton Beach; u The project, program or activity which is being funded will occur in the City of Boynton Beach and participation is open to all residents of the City; and ~ Proper safeguards are being implemented to assure that the public funds being appropriated will be used fo_r/t~e st.~,ated purpose. Dated: '~}7-z~0~ By:'~j~4"~--,_ . City Manager S:\CC\WP\CCAGENDA\Community Investment Funds\Player Expenditures~4medcan Legion Post 164 - 06-01-04.doc S:\CCXWI~CCAGENDA\Community Investment Funds~elayor ExpendituresLMnerican Legion Post 164 - 06-01-04.doc, 5/14/2004 EXHIBIT A COMMUNITY INVESTMENT FUND DISBURSEMENT REQUEST FORM Part I- Summary of Request Date of Request: May 14, 2004 Requested by Vice Mayor Mike Ferguson Amount Requested: $500 Recipient/Payee: American Legion Post #164 Description of project, program, or activity to be funded: Donation to cover site improvements for a 19' x 20' addition of handicapped accessible restrooms for disabled veterans. Dated: 05/1 4/04 ~Jan~t M. Prainito, City Clerk Part II-Availability of funds (to be completed by the Finance Director) The annual appropriation of funds available to the requesting Member of the Commission listed above is $12,000. $1,500 has been used to date by the requesting Member, leaving a balance of available funds of $10,500. This request would bring the available amount down to $10,000. Accordingly: ~" There are funds available as requested ~ There are insufficient funds available as requested. Dated: ,.S'-I ?-~ q By: ~ ~ Finance Director Part III- Eligibility Evaluation (to be completed by City Manager) o The proposed expenditure of funds will not result in improvement to private property; ~ The recipient/payee is a resident of the City of Boynton Beach or is a legal entity with offices in the City of Boynton Beach; a The project, program or activity which is being funded will occur in the City of Boynton Beach and participation is open to all residents of the City; and a/Proper safeguards are being implemented to assure that the public funds being appropriated will be used for~. Dated: ~ 1~7~0~( By: City Manager S:\CC\WP\CCAGENDA\Community Investment Funds\Vice Mayor Fergusonk4merican Legion Post 164 - 06-01-04.doc EXHIBIT A COMMUNITY INVESTMENT FUND DISBURSEMENT REQUEST FORM Part I- Summary of Request Date of Request: May 14, 2004 Requested by Commissioner Bob Ensler Amount Requested: $2,000 Recipient/Payee: American Legion Post #164 Description of project, program, or activity to be funded: Donation to cover site improvements for a 19' x 20' addition of handicapped accessible restrooms for disabled veterans. ' J~l~et ~.-Prainit0, Cit~/Clerk ' Part II-Availability of funds (to be completed by the Finance Director) The annual appropriation of funds available to the requesting Member of the Commission listed above is $12,000. $2,000 has been used to date by the requesting Member, leaving a balance of available funds of $10,000. This request would bring the available amount down to $8,000. Accordingly: a/ There are funds available as requested o There are insufficient funds available as requested. Dated: 5~I~-OH By: ~ ~ Finance Director Part II1- Eligibility Evaluation (to be completed by City Manager) c~ The proposed expenditure of funds will not result in improvement to private property; a/ The recipient/payee is a resident of the City of Boynton Beach or is a legal entity with offices in the City of Boynton Beach; o The project, program or activity which is being funded will occur in the City of Boynton Beach and participation is open to all residents of the City; and a>/'Proper safeguards are being implemented to assure that the public funds being appropriated will be used fo~ose. Dated: $1 ~ 0~ By: City Manager S:\CC~WP\CCAGENDA\Community Investment Funds\Commissioner Ensler~ffnedcan Legion Post 164 - 06-01-04.doc EXHIBIT A COMMUNITY INVESTMENT FUND DISBURSEMENT REQUEST FORM Part I- Summary of Request Date of Request: May 14, 2004 Requested by Commissioner Carl McKoy Amount Requested: $500 Recipient/Payee: American Legion Post #164 Description of project, program, or activity to be funded: Donation to cover site improvements for a 19' x 20' addition of handicapped accessible restrooms for disabled veterans. . Dated:05/14/04 By.;-(~~J"~, ~')0- ~ ' J~et M~-Prainito, City Clerk Part II-Availability of funds (to be completed by the Finance Director) The annual appropriation of funds available to the requesting Member of the Commission listed above is $12,000. $2,000 has been used to date by the requesting Member, leaving a balance of available funds of $10,000. This request would bring the available amount down to $9,500. Accordingly: ~" There are funds available as requested c~ There are insufficient funds available as requested. Dated: 5-1~'0~ By: ~~ Finance Director Part III- Eligibility Evaluation (to be completed by City Manager) a The proposed expenditure of funds will not result in improvement to private property; ~ The recipient/payee is a resident of the City of Boynton Beach or is a legal entity with offices in the City of Boynton Beach; r, The project, program or activity which is being funded will occur in the City of Boynton Beach and participation is open to all residents of the City; and ~,--Proper safeguards are being implemented to assure that the public funds being appropriated will be used f~pose. Dated: ~ I ~'~ [ ~( By:C'~ iity~"l~lanager · S:\CC~WP\CCAGENDA\CommunJty Investment Funds\Commissioner McKoy~Amedcan Legion Post 164 - 06-01-0~.doc Cline-Pautsch-Kott-Post 164 Post Office Box 1018 Boynton Beach, FL 33425 Date: May 11, 2004 To: Mayor Jerry Taylor Vice Mayor Mike Ferguson Commissioners Bob Ensler Carl McKoy Mack McCray From: William K. Nemes' Commander, American Legion Post # 164 Boynton Beach, Florida Gentlemen, In February of 2003 The American Legion Post//164 approved a plan to construct a restroom addition to include a ladies room and men's room that would be totally handicapped accessible for our disabled veterans, who can not use our present restrooms because they do not meet ADA standards. To build this 19'X 20' addition the City required that we make certain site improvements adding to our original cost. As a result we have approached our members for donations, which has helped. We at the Post are asking if there is any way that you could help us to meet this demand. At the present time, the addition is under construction and work on the inside finish, under way. Our handicapped members and all of our membership would be very grateful for any assistance that you can Provide. Respectfully submitted, W'flliam K. Nemes Commander Post #164 ' ECEIVED ...... ~,^¥ 1 0 20O4 CI17 MANAGER'S OFFICE VIII.-PUBLI¢ HEARING ITEM A. 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 [] April 7, 2004 March 15, 2004 (Noon.) ~June 1,2004 May 17, 2004 (Noon) [] April 20, 2004 April 5, 2004 (Noon) ~ June 15, 2004 May 31,2004 (Noon) [] May 4, 2004 April 19, 2004 (Noon) [] July 6, 2004 June 14, 2004 (Noon) [-'~ May 18, 2004 May 3, 2004 (Noon) [] July 20, 2004 July 5, 2004 (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 May 18, 2004 City Coss-,stission Agenda under Public Hearing. The applicant is requesting a postponement of these advertised requests for Annexation, Land Use Amendment and Rezoning scheduled for review by the Community Redevelopment Agency Board on May 11, 2004. Staffrecommends that the postponement be for 30 days (to June 15th), as this date-certain postponement will keep the ad valid in the event the project is able to move forward to the CRA meeting of June 8, 2004. EXPLANATION: PROJECT: Waterside (ANNEX 04-002) and (LUAR 04-002) AGENT: Carlos Ballbe, Keith & Ballbe, Inc. OWNER: Hector Garcia, Southern Homes of Palm Beach, LLC LOCATION: East side of South Federal Highway, between Palmer Roan and Chukker Road DESCRIPTION: Request to annex 7.30 acres of property in connection with the request to build 115 fee- simple townhomes and related site improvements; and Request to amend the Comprehensive Plan Future Land Use map from Commercial High Intensity and Medium Density Residential (Palm Beach County) to Special High Density Residential; and Request to rezone from Multi-family Residential and Commercial General (Palm Beach County) to Planned Unit Development (PUD) as part ora request to develop 115 townhomes and related site improvements. PROGRAM IMPACT: N/A FISCAL IMPACT: ~, ! N/A ALTERNATIVES~A ~ Planning and Zo~'g Director City Attorney / Finance / Human Resources S:~Planning~SHARED\WPWROJEClqSkgouthem Homes of palm Beach\Waterside~dqEX 04-002~genda Item Request Waterside ANNEX 04-002 & LUAR 04-002 5-18-04.dot S:~BUIJ~TINWORMSkAGENDA ITEM REQUEST FORM.DOC KEITH & BALLBI , INC. Consulting Engineers 2201 West Prospect Road, Suite 100 Fort Lauderdale, Florida 33309 Phone (954) 489-9801 Fax (954) 489-9802 April 22, 2004 Mrs. Sherle Coale Planning and Zoning Division CITY OF BOYNTON BEACH 100 East Boynton Beach Boulevard Boynton'Beach, Florida 33425-0310 Re: WATERSIDE Project Number 23-03-16 Dear Mrs. Coale: On behalf of the owner of the above referenced project, Southern Homes of Palm Beach, I would like to request a postponement to the advertizement of the public hearing for the annexation, land use and re- zoning of the above referenced property until further notice. If you have any questions or require any additional information, please do not hesitate to call our office. Sincerely, Carll Ballb~, P.E. cc: Hector Garcia, SOUTHERN HOMES '~/11_...~ ~ ~ ~ ~ [ ] n ir-x ~ r~ ~--._~i TOm Pagnotta, SOUTHERN HOMES . . DEPARTMENT OF DEVELOPME G:kPROJEC"IS'~20953- VIZI'.-PUBLZC HEARZNG I'TEM B. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Comrrfission 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 [] April 7, 2004 March 15, 2004 (Noon.) ~ June 1,2004 May 17, 2004 (Noon) [] April 20, 2004 April 5, 2004 (Noon) ~ June 15, 2004 May 31, 2004 (Noon) [] May 4, 2004 April 19, 2004 (Noon) [] July 6, 2004 June 14, 2004 (Noon) [~'~ May 18, 2004 May 3, 2004 (Noon) [] July 20, 2004 July 5, 2004 (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 May 18, 2004 City Commission Agenda under Public Hearing. The applicant is requesting a postponement of these advertised requests for Annexation, Land Use Amendment and Rezoning scheduled for review by the Community Redevelopment Agency Board on May 11, 2004. Staffreconuiiends that the postponemem be for 30 days (to June 15t~), as this date-certain postponement will keep the ad valid in the evem the project is able to move forward to the CRA meeting of June 8, 2004. EXPLANATION: PROJECT: Waterside (ANNEX 04-002) and (LUAR 04-002) AGENT: Carlos Ballbe, Keith & Ballbe, Inc. OWNER: Hector Garcia, Southern Homes of Palm Beach, LLC LOCATION: East side of South Federal Highway, between Palmer Roan and Chukker Road DESCRIPTION: Request to annex 7.30 acres of property in connection with the request to build 115 fee- simple townhomes and related site improvements; and Request to amend the Comprehensive Plan Future Land Use map fi.om Commercial High Intensity and Medium Density Residential (Palm Beach County) to Special High Density Residential; and Request to rezone fi.om Multi-family Residential and Coniaiercial General (Palm Beach County) to Planned Unit Development (PUD) as part of a request to develop 115 townhomes and related site improvements. PROGRAM IMPACT: N/A Develop~ 13'ep~x~n~ ~)ir~3tor ' - ~ M~g~'s Si~e Pl~ing ~d ~g Dk~tor CiW Aaomey / F~e / H~ Reso~ces S:WI~ning~DX~WROJEC~u~ Ho~ of Palm BeachXWa~ide~EX ~2~g~da 1~ Requ~t Wa~de ~EX ~2 & LU~ ~2 5-18~4.dot S:~~O~S~G~DA ~M ~Q~T FO~.~C KEITH & BALLBI , INC. Consulting Engineers 2201 West Prospect Road, Suite 100 Fort Lauderdale, Florida 33309 Phone (954) 489-9801 Fax (954) 489-9802 April 22, 2004 Mrs. Sherie Coale Planning and Zoning Division CITY OF BOYNTON BEACH 100 East BoYnton Beach Boulevard BoyntonBeach, Florida 33425-0310 Re: WATERSIDE Project Number 23-03-16 Dear Mrs. Coale: On behalf of the owner of the above referenced project, Southem Homes of Palm Beach, I would like to request a postponement to the advertizement of the public hearing for the annexation, land use and re- zoning of the above referenced property until further notice. If you have any questions or require any additional information, please do not hesitate to call our office. Sincerely, KEII ~BE, INC. Carll Ballb6, P.E. cc: HectorGarcia, SOUTHERNHOMES ~i~ ~ ~ ~ ~ ~ ~"~6 Tom Pagnotta, SOUTHERN HOMES ..__ DEPARTMENT OF DEVELOPME G:~PROJE~0953- Wnlersidekmale.le~.wpd VIII.-PUBLIC HEARING ITEM C. 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 [] April 7, 2004 Ma~ch 15, 2004 (Noon.) ~iune !, 2004 May 17, 2004 (Noon) [] April 20, 2004 April 5, 2004 (Noon) ~'~'~ June 15, 2004 May 31, 2004 (Noon) [] May 4, 2004 April 19, 2004 (Noon) [] July 6, 2004 June 14, 2004 (Noon) :~ _. May 18, 2004 May 3, 2004 (Noon) [] July 20, 2004 July 5, 2004 (Noon) [] Administrative [] Legal NATURE OF [] Announcenaent [] 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 May 18, 2004 City Conmfission Agenda under Public Hearing. The applicant is requesting a postponement of these advertised requests for Annexation, Land Use Amendment and Rezoning scheduled for review by the Community Redevelopment Agency Board on May 11, 2004. Staffrecommends that the postponement be for 30 days (to June 15t~), as this date-certain postponement will keep the ad valid in the event the project is able to move forward to the CRA meeting of June 8, 2004. EXPLANATION: PROJECT: Waterside (ANNEX 04-002) and (LUAR 04-002) AGENT: Carlos Ballbe, Keith & Ballbe, Inc. OWNER: Hector Garcia, Southern Homes of Palm Beach, LLC LOCATION: East side of South Federal Highway, between Palmer Roan and Chukker Road DESCRIPTION: Request to annex 7.30 acres of property in connection with the request to build 115 fee- simple townhomes and related site improvements; and Request to amend the Comprehensive Plan Future Land Use map from Commercial High Intensity and Medium Density Residential (Palm Beach County) to Special High Density Residential; and Request to rezone from Multi-family Residential and Commercial General (Palm Beach County) to Planned Unit Development (PUD) as part of a request to develop 115 townhomes and related site improvements. PROGRAM IMPACT: N/A Planni~ and Zo~ Director City Attorney / Finance / Human Resomces SAPIanning~SHARED\WI~ROJE~them Hon~ of palm l~chXWaterside~IF_~X 04~02L&g~nda P~rn Request Waterside ANNEX 04-002 & LUAR 04-002 5-18-04.dot S:~BULLETIN~ORMSXAGENDA ITEM REQUEST FORM.DOC KEITH & BALLBI~, INC. Consulting Engineers 2201 West ProspeCt Road, Suite 100 Fort Lauderdale, Flodda 33309 Phone (954) 489-9801 Fax (954) 489-9802 April 22, 2004 Mrs. Sherie Coale Planning and Zoning Division CITY OF BOYNTON BEACH 100 East BoYnton Beach Boulevard BoyntonBeach, Florida 33425-0310 Re: WATERSIDE Project Number 23-03-16 Dear Mrs. Coale: On behalf of the owner of the above referenced project, Southem Homes of Palm Beach, I would like to request a postponement to the advertizement of the public hearing for the annexation, land use and re- zoning of the above referenced property until further notice. If you have any questions or require any additional information, please do not hesitate to call our office. Sincerely, KEI~ INC. CC: Hector Garcia, SOUTHERN HOMES [~i ~~ ~ ~] ~ [~/~--~' Tom Pagnotta, SOUTHERN HOMES . ...... - . . 2 6 all4 DEPARTMENT OF DEVELOPMEN1 G:~ROJEC'l~?~0953 - Watersldehooale J~l.wpd VIII.-PUBLIC HEARING ITEM D. 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 [] April 7, 2004 March 15, 2004 (Noon.) [] June I, 2004 May 17, 2004 (Noon) [] April 20, 2004 April 5, 2004 (Noon) [] June 15, 2004 May 31, 2004 (Noon) [] May 4, 2004 April 19, 2004 (Noon) [] July 6, 2004 June 14, 2004 (Noon) [] May 18, 2004 May 3, 2004 (Noon) [] July 20, 2004 July 5, 2004 (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 June 1, 2004 City Commission Agenda under Public Hearing. The Planning and Development Board with a 6 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 04-112. EXPLANATION: PROJECT: Largo Pointe (ABAN 04-001) AGENT: Juan Perez, Moraifis, Cofar & Karney OWNER: Phegley Coxporation LOCATION: North side of Southwest 19t~ Avenue, approximately 800 feet east of Congress Avenue DESCRIPTION: Request for abandonment of the roadway portion of an unimproved roadway/utility easement. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATI~ N/A Dev~91~m~dt iggp~~t D ~ector ~~~/~~ t-~. Cit~ l~Ianager's Sj~ture '- Planning and Zo~g°Dh'ector City Attorney / Finance / Human Resources S:~Planning~SHARED\WPXPROJECTSXLargo PointeXABAlq 04-001'~Agenda Im Request Largo Pointe ABAIq 04-001 6-1-04.dot S:~BLILLETIN~ORMS~,AGENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 04-112 TO: Chairman and Members Planning and Development Board THRU: Michael W. Rumpf~ltk,~/-~' Planning and Zoning Director FROM: Maximeplanner Ducoste-A.~, DATE: May 14, 2004 SUBJECT: LARGO POINTE Abandonment of the roadway portion of a 30-foot wide roadway and utility easement. (ABAN 04-001) NATURE OF REQUEST The agent for Largo Pointe Townhomes, Juan Perez of Moraitis, Cofar and Karney, is requesting to abandon a roadway portion of a 270-foot long unimproved roadway and utility easement located on the north side of Southwest 19~ Avenue, approximately 400 feet east of Congress Avenue. This abandonment request was submitted on February 27, 2004. It is described as follows: Tract A of "Christian Villas PLAT No. 2", according to the Plat thereof, as recorded in Plat Book 40, Page 102 of the Public Records of Palm Beach County, Flodda. The location map attached as Exhibit "A" shows the general vicinity of the portion of the road easement to be abandoned. The attached Exhibit MB"- shows the location of the proposed abandonment and its legal description. The following is a description of the zoning districts and land uses of the properties that surround the subject easement. North Developed professional office building (Woolbright Professional Building), zoned Community Commercial (C-3); South - Developed single-family residential (Palm Beach Leisureville), zoned Single-family Residential (R-1AA); East - Developed single-family residential (Palm Beach Leisureville), zoned Single-family Residential (R-1AA); and West - Developed multifamily residential property (Christian Villas), zoned Multi-family Residential (R-3). BACKGROUND On June 20, 2003, the City approved the site plan for the Largo Pointe Townhomes. Largo Pointe is to consist of 20 fee-simple townhouse units on 1.97 acres. The units are allocated to three (3) separate buildings, all two (2) stories in height. Two (2) of the buildings contain six (6) units and the largest contains eight (8) units (see Exhibit MB" - Site Plan). The Plat of Christian Villas Plat No. 2 established Tract A as a dedicated 30-foot wide roadway and utility Page 2 Memorandum No. PZ 04-112 ABAN 04-001 easement as recorded in Plat Book 40, Page 102 of the Public Records of Palm Beach County, Flodda. Since the current roadway easement is no longer necessary in the design of the proposed site plan, and the re- plat of Largo Pointe provides sufficient roadway for ingress and egress, the applicant proposes to vacate the unnecessary roadway portion of the 30-foot wide roadway and utility easement while retaining a utility easement to preserve access to existing and future utility lines. This utility easement is located at the easternmost six (6) units building of the project. 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: CITY DEPARTMENTS/DIVISIONS Engineering - Approval with conditions Public Works/Utilities ~ No objection Planning and Zoning - No objection PUBLIC UTILITY COMPANIES Florida Power and Light - Approval with conditions Bell South - No objection Florida Public Utilities Company - No objection Cable Company (Adelphia) - Approval with conditions Cable Company (Comcast) - N/A RECOMMENDATION Staff recommends that this request to abandon the roadway portion of the 30-foot wide and 270-foot long unimproved roadway and utility easement, located on the north side of Southwest 19"~ Avenue, approximately 400 feet east of Congress Avenue as described above, be approved. This recommendation is based on staffs finding that the roadway easement serves no public purpose, and is subject to the comments included in Exhibit "C" - Conditions of Approval. Any conditions required by the Planning and Development Board and the City Commission will be placed in Exhibit "C" - Conditions of Approval. xc: Central File S:~=Ianning~SHARED~WP~PROJECTS~Largo PointeV~d~l 04-001~Staff Report.doc Location Map LARGO POINTE EXHIBIT "A" RD F~D/ C3 PC N EXHIBIT "C" Conditions o£ Approval Project name: Largo Pointe File number: ABAN 04-001 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: X 1. Engineering has no objection to the proposed roadway easement abandonment, however the utility easement shall be no less than 24 (twenty-four) feet in width to accommodate proposed and existing water and sewer lines. BUILDING DIVISION Comments: None X PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT Comments: None X PRIVATE UTILITIES Comments: 1. Adelphia has no objections contingent upon granting the proper easement X to support Adelphia existing facilities. 2. Any and all costs resulting in the relocation or removal of Adelphia X facilities due to said abandonment will be done by the customer and/or property owner and/or requesting party. 3. Florida Power & Light has no objection to the abandonment contingent X upon the following conditions: a) Additional easements must be granted to FPL for any and all existing or proposed FPL facilities necessary to service any and all existing and proposed future construction requiring electrical service at the abandoned site. b) All easements where FPL facilities exist are not considered abandoned until said facilities are de-energized, relocated and/or removed. c) Any and all cost resulting in the relocation or removal of FPL facilities due to said abandonment are paid by the customer and/or requesting party. ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS Comments: 1. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 1. To be determined. DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Largo Pointe Abandonment APPLICANT'S AGENT: Juan Perez - Moraitis, Cofar and Karney APPLICANT'S ADDRESS: 915 Middle River Drive, Suite 506 Fort Lauderdale, FL 33304 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: June 1, 2004 TYPE OF RELIEF SOUGHT: Request abandonment of a roadway portion of a 270-foot long unimproved roadway and utility easement, located on the north side of Southwest 19th Avenue, approximately 400 feet east of Congress Avenue. LOCATION OF PROPERTY: Located on the north side of Southwest 19th Avenue, approximately 400 feet east of Congress Avenue, 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 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 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\Largo Pointe~ABAN 04-001\DO.doc O l*X. - CITY MANAGER'S CITY OF BOYNTON BEACH REPORT AGENDA ITEM REQUEST FORIV ITEM A 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 [] April 6, 2004 March 15, 2004 (Noon.) [] June 1,2004 May 17, 2004 (Noon) [] April 20, 2004 April 5, 2004 (Noon) [] June 15, 2004 May 31, 2004 (Noon) [] May 4, 2004 April 19, 2004 (Noon) [] July 6, 2004 June 14, 2004 (Noon) [] May 18, 2004 May 3, 2004 (Noon) [] July 20, 2004 July 5, 2004 (Noon) [] Administrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unfmished Business RECOMMENDATION: Review crime statistics for City of Boynton Beach. EXPLANATION: At the request of a member of the City Commission, current crime statistics are to be reviewed at a City Commission Meeting. The Police Chief will present information and interpretation of data. PROGI~I IMPACT: The briefmg serves as a preview for budget discussions for Fiscal 2004-05. Members of the City Commission have stated a desire to increase police presence. FISCAL IMPACT: Not known until final staffmg levels are presented for the 2004-05 Budget. ALTERNATIVES: This is an informational item. ~partm~ture ~ ...... ~ Signature Department Name City Attorney / Finance / Human Resources S:',BULLETINVxFORMS~GENDA ITEM REQUEST FORM.DOC Police Department Staffing (Sworn) Configuration (Current as of 5/10/4) Authorized Division Actual Division Division Unit Rank Strength Total Strength Total Uniform Services Asst. Chief 1 1 PaU'ol Lieut. 4 4 Patrol Sgt. 13 13 Patrol Officers 63 60 Traffic Sgt. 1 1 Traffic Officers 7 7 [ DPU Sgt. 1 1 DPU Officers 6 5 K9 Officers 4 4 Marine Officers 1 1 PAL Officers 1 1 Crime Prevention Officers 1 1 103 99 Support Services x Asst, Chief 1 1 Investigative ServiCes Lieut. 1 1 ISS/Prop Sgt. I 1 ISS/Prop Inv. 5 5 ISS/Person Sgt. 1 1 ISS/Person Inv. 4 4 VIN Sgt. 1 1 VIN Inv. 3 2 SVU Sgt. 1 1 SVU Inv. 3 3 PBSO/TF Inv. 1 1 HIDTAJT~ Inv. 1 1 DEA/TF Inv. 1 0 Customs/TF Inv. 1 1 25 23 Admin Services Professional Standards Lieut. 1 1 Internal Affairs Sgt. 1 1~.~i Tech Serv/ces Sgt. 1 1 Training Sgt. 1 1 Officers 2 2 Academy 2 10 13 Grand Totals 138 135 IX.-CITY MANAGER'S REPORT CITY OF BOYNTON BEACH ITEM B. 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 [] April 6, 2004 March 15, 2004 (Noon.) [] June 1, 2004 May 17, 2004 (Noon) [] April 20, 2004 April 5, 2004 (Noon) [] June 15, 2004 May 31,2004 (Noon) [] May 4, 2004 April 19, 2004 (Noon) [] July 6, 2004 June 14, 2004 (Noon) [] May 18, 2004 May 3, 2004 (Noon) [] July 20, 2004 July 5, 2004 (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: Review past costs and determine if the City Commission wishes to host a Board Recognition Dinner in 2004. EXPLANATION: Subsequent to the adoption of the 2003-04 City Budget, several members of advisory boards approached members of the City Commission to request that the City host an Advisory Board Recognition Dinner in the current fiscal year. In the past, this has been an annual event. However, the approved 2003-04 established a bi-annual schedule for the dinner. The cost of the dinners for the past five years is as follows: 1999 Dinner $10,077 2000 Dinner $10,750 2001 Dinner $10,700 plus $200 entertainment TOTAL $10,900 2002 Dinner $10,500 no charge for entertainment 2003 Dinner $10,700 plus $200 entertainment TOTAL $10,900 In 2003, at the request of a former City Commission member, the invitation list was extended to include any former City Commissioner and the wives of deceased Mayors. Prior to 2003, the invited list included all active advisory board members, staff liaison and former Mayors. PROGRAM IMPACT: The dinner serves as a "thank you" to the current advisory board members. FISCAL IMPACT: Assuming the invitation list is the same as 2003, (include former City Commissioners and the wives of deceased mayors) the projected cost will be $ I 1,663. Funds are not budgeted and will need to be taken from the General Fund Contingency Account. ALTERNATIVES: 1. Do not host the dinner in 2004 and affmn a bi-annual event cycle. - Cost $0. 2. Proceed with 2004 dinner based on 2003 invitation criteria. (Current board members, former City Commissioner, former Mayors, and the wives of deceased Mayors) - Cost $11,663 3. Proceed with 2004 dinner based on 2002 invitation criteria (current board members and former Mayors)- Cost $11,235 S:'~BULLETIN~ORMSXAGENDA ITEM REQUEST FORM.DOC O CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Department Head's Signature ' ~C{~y/~lanager's S~:'-~amre Department Name City Attorney / Finance / Human Resources SABULLET1NNeORMS'xAGENDA ITEM REQUEST FORM.DOC l'X. - CI'TY MANAGER'S REPORT CITY OF BOYNTON BEACH XTEM C 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 [] April 6, 2004 March 15, 2004 (Noon.) [] June 1, 2004 May 17, 2004 (Noon) [] April 20, 2004 April 5, 2004 (Noon) [] June 15, 2004 May 31, 2004 (Noon) [] May 4, 2004 April 19, 2004 (Noon) [] July 6, 2004 June 14, 2004 (Noon) [] May 18, 2004 May 3, 2004 (Noon) [] July 20, 2004 July 5, 2004 (Noon) [] Administrative [] Legal ~ -<c~ NATURE OF [] Announcement [] New Business -'< AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unfinished Business ..-.1. RECOMMENDATION: Review and consider Amending Ordinance 03-058, The Early Retirement Incentive Program, to'~ permit otherwise eligible Firefighters to use prior military service buyback for purposes of satisfying the fifteen year eligibility requirement for early retirement. EXPLANATION: Following adoption of the Early Retirement Incentive Program (ERIP), an issue arose whether an employee could designate years of military service in lieu of years of actual service to meet the 15 years of service requirement to qualify for the Early Retirement Incentive Program. The employee was advised that he could not participate based on prior administrative interpretation which required 15 years of actual service to the City. The employee advanced his argument on interpretation to the Firefighters'Pension Trust Fund Board. The Pension Board's February 17th, minutes are attached and reflect a motion to amend the ERIP Ordinance. PROGRAM IMPACT: Amendment of the ERIP Ordinance could potentially reopen issues regarding right of participation. FISCAL IMPACT: Amendment of the Ordinance would add at least one employee to the group of participants in the ERIP with the corresponding financial benefits outlined in that program. ALTERNATIVES: Do not adopt the Amendment. Limit participation in the ERIP to employees who have 15 years of actual service. ~~.~re: '~-CitY's Signature k~/ ~' c~ty l~orney It~/ Department Name / ' ~'i~y ~At~&~, / ~inance / Human Resources SABULLETINLFORMS~AGENDA ITEM REQUEST FORM.DOC ORDINANCE NO. AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING ORDINANCE 03-058, THE EARLY RETIREMENT INCENTIVE PROGRAM, TO PERMIT OTHERWISE ELIGIBLE FIREFIGHTERS TO USE PRIOR MILITARY SERVICE BUYBACK FOR PURPOSES OF SATISFYING THE FIFTEEN YEAR ELIGIBILITY REQUIREMENT FOR EARLY RETIREMENT; PROVIDING FOR SEVERABILITY CONFLICTS AND AN EFFECTIVE DATE. WHEREAS, the City of Boynton Beach Florida, presently has a retirement plan and trust fund for firefighters; WHEREAS the City of Boynton Beach, Florida, wishes to recognize the valuable service of its firefighters who have been members of the United States Armed Forces; WHEREAS past service and military buyback is authorized under Section 175.032(4), Florida Statutes; WHEREAS the adoption of Ordinance 03-058 permitted employees who are within three years of early or normal retirement and who will have earned fifteen years of service with the City to participate in the early retirement incentive program; WHEREAS the Board of Trustees of the Firefighters Pension Trust Fund has recommended the passage of this Ordinance; and WHEREAS the City Council finds that the passage of this Ordinance is in the interest of the firefighters and the citizens of the City of Boynton Beach; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA: Section 1: Section 2 of Ordinance 03-058 is hereby amended to read as follows: Section 2. The City Comnfission 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 of employment with the City, inclusive of prior military service purchased in compliance with OrdinanceNo. 01-46; and b. is within (3) years of early or normal retirement. Page 1 of 2 Employees who meet both criteria for participation are hereinafter referred to as "Eligible Employees". Section 2: That all Ordinances or parts of Ordinances in conflict herewith be and the same are hereby repealed. Section 3: Should any section or provision of this Ordinance or portion hereof, any paragraph, any 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 4: Authority is hereby granted to codify this Ordinance. Section 5: This Ordinance shall become effective immediately upon passage. FIRST READING, this __ day of April, 2004. SECOND, FINAL READING AND PASSAGE, this day of ,2004. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner ATFEST: Commissioner City Clerk Commissioner (CORPORATE SEAL) Page 2 of 2 MZNUTES OF THE MUNZCZPAL FTREFZGHTERS' PENSTON TRUST FUND QUARTERLY MEETZNG HELD TN CONFERENCE ROOM C, WEST WTNG, CZTY HALL, BOYNTON BEACH, FLORIDA, ON TUESDAY, FEBRUARY ZT, 2004 AT 4:00 P.M. Present Nike Smollon, Chairman Barbara LaDue, Pension Administrator .lohn Gesch Adam Levinson, Board Attorney Luke Henderson (ardved 4:2S p.m.) Bill Bingham, Fire Chief Larry Schone Absent: Robert Taylor CALL TO ORDER Chairman Smollon called the meeting to order at 4:00 p.m. TX. AGENDA APPROVAL Attorney Levinson added to the agenda under Attorney's Report: Proposed Early Retirement Incentive Ordinance, Memo Re. Senate Bill 654 ("HB 654,"), and January 26, 2004 letter to Chair Smollon Re. Pre-employment physicals. Ernie IVlahler of Smith Barney explained that he was not going to be doing the Statement of ~[nvestment Policy as shown on the agenda. He wanted to talk about Alliance Bernstein/Sanford Bernstein instead. The agenda was approved as amended. ZTT. MTNUTES APPROVAL November :L8, 2003 TV. FtNANC[AL REPORTS A. Attorney Report- Adam Levinson Attorney Levinson stated that this was an important meeting because the trustees were hearing for the first time from the Board's new auditors. The reason the Board brought in a new auditing firm was that it had been using the City's auditors and thought it would be useful to have a new set of eyes look over the books. Meeting Minutes Firefighters' Pension Fund Quarterly Meeting Boynton Beach, Florida February 17, 200,~ Pre-employment Physicals Draft Memo from Adam Levinson dated 1/26/04 Attorney Levinson presented a recommendation that consideration be given to adding cardiac stress tests, x-rays of the C-spine and lower back, and blood tests for hepatitis and tuberculosis to pre-employment physicals. This would help establish a baseline against which comparisons could be made in the future in the event of a disability application. Also, having the baseline established before hire could be of benefit to the disability retiree, who would be entitled to presumptions that would not be possible without the baseline evidence. Chair Smollon stated that these tests were being done now with the exception of the C- spine. Chief Bingham will follow up with Deputy Chief Ness. Attorney Levinson said that since the City had changed medical providers recently, it was important to know the location of the old and the existing records. If a requisition were to be made to destroy the records, it should be made clear that the records are the property of the Pension Board and the City of Boynton Beach. Mr. Gesch suggested that the Board or the City should have a signed confidential release form stating Plan ownership of the records. Attorney Levinson agreed and will bring a standard release form to the next meeting. Firefighter Service - Dispatcher Attorney Levinson stated that pursuant to Chapter 175, Section 175.032 of the Florida Statutes, creditable service is strictly limited to service as a firefighter or military service in the Armed Forces of the United States. Therefore, prior dispatch service would not be eligible for purchase. Senate Bill 654 Attorney Levinson asked Ms. LaDue to put this item on the agenda for the next Board meeting. The bill, if it passes, would provide for the creation of an insurance tax database, which should offer a more precise rendering of the actual facts. Also, the bill amends the deflniUon of"extra benefits," although this is currently in litigation between the League of Cities and the Division of Retirement. The quesUon is whether or not the excess Chapter money, if used exclusively for future benefits, would be cost neutral. Attorney Levinson will discuss this with the Plan actuary. Early Retirement Incentive Program The City passed an Ordinance giving a person the ability to buy some time and retire with an earlier retirement date as long as they are within 3 years of eady reUrement. When the ordinance was wdtten, it was not written in such a way that a person 2 Meeting Minutes Firefighters' Pension Fund Quarterly Meeting Boynton Beach, Florida February 17, 200zt purchasing prior military service would definiUvely be entitled to use their prior military service for purposes of eligibility for that early reUrement incentive. Attorney Levinson presented a draft ordinance amending the ERIP ordinance passed by the City last fall to perm/t otherw/se e//gible employees to use pr/or rn///tary serv/ce buyback for purposes of ~ati~rying the fifteen year el/g/b/lity requirement for eady ret/rement. Chair Smollon referenced the individual who would benefit by this change and stated that it was the Board's intent to make this change retroactive to allow this individual to participate in the current ERIP. Motiq~n Mr. Henderson moved to present an ordinance amendment to the City Manager, with a request to forward it to the City Commission for action. The intent of this 8oard is to make this amendment retroactive to allow participation in the current ERIP by affected individuals. Mr. Schone seconded the motion. Chief Bingham said that the City Manager was concerned that if any changes were made to the ERIP, it would not have to go back and be redone all over again as far as Commission approval, first and second reading, and so forth. Attorney Levinson said it was not a new ERIP ordinance, but the existing one with the clarification that military time counts for the 15-year eligibility. Ms. LaDue verified with Attorney Levinson that this only applied to the firefighters. Ms. LaDue stated that the General Employees Pension Board had been considering buying back former military service for some time. Between now and the end of this ERIP, that could be put into place. Chair Smollon said they had missed the deadline and would have to negoUate this on their own. Attorney Levinson said he could clarify in his letter to the City Manager that this ordinance would strictly apply to firefighters because it refers to Ordinance 01-46. Hell add that if the City was so inclined, it could be revised to include military Ume for any other groups. Vote The motion passed unanimously. President's Budget- Retirement Provisions When the President produced his budget last month, there were retirement provisions in it. None of them affect defined benefit plans. Still, it was interesting to see that the Federal government is interested in clarificaUon and tax simplification. They mentioned 3 XII. - LEGAL CITY OF BOYNTON BEACH ITEM A.1. 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 [] April 7, 2004 March 15, 2004 (Noon.) [] June 1, 2004 May 17, 2004 (Noon) [] April 20, 2004 April 5, 2004 (Noon) [] June 15, 2004 May 31,2004 (Noon) [] May 4, 2004 April 19, 2004 (Noon) [] July 6, 2004 June 14, 2004 (Noon) [] May 18, 2004 May 3, 2004 (Noon) [] July 20, 2004 JuDy 5, 2004 (Noon) [] Administrative [] Legal -< NATURE OF [] Announcement [] New Business u:~ :~_< AGENDA ITEM [] City Manager's Report [] Presemation [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Please place this request on the June 1, 2004 City Commission Agenda under Legal, Ordinance - Second Reading. The City Commission approved this request under Public Hearing and Legal, Ordinance - First Reading on May 18, 2004. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 04-100. EXPLANATION: PROJECT: Bayfront (ANNEX 04-001) AGENT: Carlos Ballbe, Keith & Ballbe, Inc. OWNER: Hector Garcia, Southern Homes of Palm Beach IV, LLC LOCATION: West side of South Federal Highway, approximately one-quarter mile south of Old Dixie Highway DESCRIPTION: Request to annex 2.46 acres of property in connection with the request to build 48 fee- simple townhomes and related site improvements. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: A N/A DeveloXl~e'~t l~partment ]Yn'ector -- City Manager's Signature Planning an~]"-ZonI'II~lStrector F C~ty Att~y / Finance / Human Resources S:XPlanning~SHARED\WP~PROJECTS~Southem Homes of Palm BeachXBAYFRONT~,NEX 04-001~/~genda Item Request Bayfront ANNEX 04-001 2nd reading 6-1-04.dot S:~BULLETIN~ORMSV~GENDA ITEM REQUEST FORM.DOC 1 ORDINANCE NO. 04- O3q 2 3 AN ORDINANCE OF THE CITY OF BOYNTON 4 BEACH, FLORIDA, ANNEXING 2.46 ACRES OF 5 LAND THAT IS CONTIGUOUS TO THE CITY LIMITS 6 WITHIN PALM BEACH COUNTY AND THAT WI-[ J., 7 UPON ANNEXATION, CONSTITUTE A 8 REASONABLY COMPACT ADDITION TO THE CITY 9 TERRITORY, PURSUANT TO ARTICLE I, SECTION 7 10 (32) OF THE CHARTER OF THE CITY OF BOYNTON 11 BEACH, FLORIDA, AND SECTIONS 171.044, AND 12 171.062(2), FLORIDA STATUTES; PROVIDING THAT 13 THE PROPER LAND USE DESIGNATION AND 14 PROPER ZONING OF THE PROPERTY SHAH. BE 15 REFLECTED IN SEPARATE ORDINANCES TO BE 16 PASSED SIMULTANEOUSLY HEREWITH; 17 PROVIDING FOR CONFLICTS, SEVERABILITY, 18 CODIFICATION AND AN EFFECTIVE DATE; 19 PROVIDING THAT THIS ORDINANCE SHALL BE 2 0 FII,ED WITH THE CLERK OF THE CIRCUIT COURT 21 OF PALM BEACH COUNTY, FLORIDA, UPON 22 ADOPTION. 23 2 4 WHEREAS, the Comprehensive Plan for the City of Boynton Beach requires the 2 5 development of an Annexation Program; and 2 6 WHEREAS, Southern Homes of Palm Beach IV, LLC, through its agent, Carols 27 J. Balbe/Keith & Balbe, Inc., as owner of the property more particularly described 2 8 hereinafter, has heretofore filed a Petition, pursuant to Section 9 of Appendix A-Zoning, 2 9 of the Code of Ordinances, City of Boynton Beach, Florida, for the purpose of annexing 3 0 a certain tract of land consisting of approximately 2.46 acres; and 31 WHEREAS, the City of Boynton Beach hereby exercises its option to annex the 3 2 following tract of land as hereinafter described, in accordance with Article I, Section 7 33 (32) of the Charter of the City and Section 171.044, and 171.062(2), Florida Statutes; 3 4 and 3 5 WHEREAS, said tract of land lying and being within Palm Beach County is S: \CA\Ordinances\Planning\Annexations\Annexation - Bayfront. doc I contiguous to the existing city limits of the City of Boynton Beach, and will, upon its 2 annexation, constitute a reasonably compact addition to the City territory. 3 NOW, THEREFORE, BE IT ORDAINED BY TItE CITY COMMISSION 4 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 5 Section 1. That each and every Whereas clause is true and correct. 6 Section 2. Pursuant to Article I, Section 7 (32) of the Charter of the City of 7 Boynton Beach, Florida and Section 171.044, Florida Statutes the following described 8 unincorporated and contiguous tract of land situated and lying and being in the County 9 of Palm Beach, Florida, to wit: 3- 0 Lots 56 & 57, "Amended Plat of Tradewind Estates" according to the Plat thereof as il recorded in Plat Book 21, Page 73 of the Public Records of Palm Beach County, Florida, q 2 Less a portion of Lot 57 for Right-of Way of State Road No. 5 as shown on State of Florida 3-3 State Road Department right-of-way map section No. 9301-205. 3_4 3- 5 CONTAINING APPROXIMATELY 2.46 ACRES OF LAND 3_6 3-7 is hereby annexed to the City of Boynton Beach, Florida, and such land so annexed shall 18 be and become part of the City with the same force and effect as though the same had 19 been originally incorporated in the territorial boundaries thereof. 2 0 Section 2: That Section 6 and 6(a) of the Charter of the City of Boynton Beach, 23- ~orida, is hereby amended to reflect the annexation of said tract of land more particularly 2 2 lescribed in Section 1 of this Ordinance. 23 Section 3: That by Ordinances adopted simultaneously herewith, the proper City 24 ;oning designation and Land Use category is being determined as contemplated in Section 25 171.162(2), Florida Statutes. 2 6 Section 4. All ordinances or parts of ordinances in conflict herewith are hereby 2 7 epealed. 2 8 Section 5: Should any section or provision of this Ordinance or any portion thereof S: \CA\Ordinances\Planning\Annexations\Annexation - Bayfront.doc 1 be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the 2 remainder of this Ordinance. 3 Section 6: This Ordinance shall not be passed until the same has been advertised 4 for two (2) consecutive weeks in a newspaper of general circulation in the City of Boynton 5 Beach, Florida, as required by the City Charter and Section 171.044, Florida Statutes. 6 Section 7. This ordinance shall become effective immediately upon passage. 7 Section 8. Specific authority is hereby given to codify this Ordinance. 8 Section 9. This ordinance, after adoption, shall be flied with the Clerk of the 9 Circuit Court of Palm Beach County, Florida. 10 FIRST READING this I~ dayof ~~ ,2004. 11 SECOND, FINAL READING and PASSAGE this __ day of ~, 2004. 12 CITY OF BOYNTON BEACH, FLORIDA 13 14 15 Mayor 16 17 18 Vice Mayor 19 20 21 Commissioner 22 23 2 4 Commissioner 25 2 6 ATTEST: 27 Commissioner 28 2 9 City Clerk 30 31 S:\CA\Ordinances\Planning\Annexations\Annexation - Bayfront.doc DEVELOPMENT DEPARTMENT PLANNI'NG & ZONTNG DZVT. STON MEMORANDUM NO. PZ 04-100 TO: Chairman and Members Community Redevelopment Agency Board, Mayo~mmission FROM: Dick I~_?bh, AICP Senior Planner THROUGH: Michael W. Rumpf~'~ Director of Planning and Zoning DATE: May 5, 2004 PRO3ECT NAME/NUMBER: Bayfront/ANEX 04-001-LUAR 04-001 RE(~UEST: To annex the property, amend the Future Land Use DesignaUon from CH/5 (Palm Beach County) to Special High Density ResidenUal (20 du/ac) and rezone from GC General Commercial (Palm Beach County) to [nfill Planned Unit Development (TPUD). PRO3ECT DESCP. ZP'I'][ON Property Owner: Southern Homes of Palm Beach V, LLC Applicant/Agent: Southern Homes of Palm Beach V, LLC/Carlos 3. Ballb~ of Keith & Balll~, Inc. Location: West side of South Federal Highway, approximately one-quarter mile south of Old Dixie Highway. (Exhibit ~A'~ Parcel Size: +2.46 acres Existing Land Use: CH/5 Commercial High Intensity with an underlying residential density of 5 dwelling units per acre (du/ac) (Palm Beach County) Existing Zoning: CG Commercial General (Palm Beach County) Proposed Land Use: Special High Density Residential (20 du/ac) Proposed Zoning: 1PUD l~nfill Planned Unit Development Proposed Use: 48-unit apartment community Page 2 File Number: LUAR 04-001-ANEX 04-001 Bay front Adjacent Uses: North: Property within the City of 8oynton Beach designated Local Retail Commercial (LRC) and zoned C-3 Community Commercial occupied by a single-family residence. South: To the southeast, developed property (motel) in unincorporated Palm Beach County designated CH/5 and zoned CG. To the southwest, property within the City of Boynton Beach designated General Commercial (GC) and zoned C-4 General Commercial. East: The right-of-way of South Federal Highway, then vacant property in unincorporated Palm Beach County designated MR-5 IVledium Density Residential (5 du/ac) and zoned RM-f4ulti-Family Residential. West: To the northwest, developed property (church) within the City of Boynton Beach designated General Commercial (GC) and zoned C-4 General Commercial. To the southwest, property in unincorporated Palm Beach County designated CH/5 and zoned CG occupied by a single-family dwelling. EXECUT'~E SUHHARY Staff recommends approval of the requested land use amendment and rezoning for the following reasons: 1. The request is consistent with the objectives of the City's annexation program, relevant policies in the Comprehensive Plan, and the adopted ~de/a//-#ghwa)/¢o/~7'dor Commun/ty Redevelopment Plan. 2. The requested land use amendment and rezoning will allow the development of a project that will be a benefit to the dty, both fiscally and estheUcally. 3. The proposed development meets the standards expected when a project is developed in the :[PUD zoning district. 4. There is a long-standing lack of demand for retail commercial land in the vicinity and a high proven demand for residenUal land use in the Federal Highway corridor. BACKGROUND When the Comprehensive Plan was adopted in 1989, it was envisioned that the properties along the Federal Highway Corridor south of the intersection of Old Dixie Highway would eventually be annexed into the City and form a retail-oriented corridor, consistent with the land use designations and zoning categories assigned by both the City and Palm Beach County and in effect at that Ume. For example, the '~Problems and Opportunities" secUon of the support documents suggested that an appropriate use in this area would be new car dealerships. Page 3 File Number: LUAR 04-O01-ANEX 04-001 Bayfront Over the past several years, the City has seen a shift from the perpetuation of small commercial uses along the corridor to residential uses, particularly those with densities greater than 10.8 units per acre. Higher density development was fadlitated by the City's Comprehensive Plan through the establishment of the Special High Density Residential classification, intended to support redevelopment in the coastal area. This type of development furthered the pattem that existed in the corridor, south of Woolbdght Road, before the adoption of the current Comprehensive Plan. At the time of its adoption, there were already 4 developments that exceeded 10.8 du/ac with densities ranging from 21 du/ac (Colonial Club) to 32.2 du/ac (Seagate). The shift has served to replace marginal and sub-standard commerdal uses with residential projects that have enhanced the esthetiCS of the corridor, as well as the City's tax base. The remaining viable neighborhood-serving commerdal uses are being concentrated into nodes located at major intersections along Federal Highway--Woolbdght Road, Gulfstream Boulevard, and Old Dixie Highway. The request for a land use amendment and rezoning for the subject property continues this trend. PRO.1ECT ANALYSZS The parcels, which are the subject of this land use amendment, total 2.~!6 acres. Because of the size of the property under consideration, the Rodda Department of Community Affairs classifies this amendment as a ~small scale" amendment. A ~small-scale" amendment is adopted pdor to forwarding to the Florida Department of Community Affairs and is not reviewed for compliance with the state, regional and local comprehensive plans prior to adoption. State annexation law allows the annexation of enclaves that are less than 10 acres without the consent of property OWners; however, in this instance, the annexation is at the request of the property owner. Currently, objectives .of the annexation program indude annexing all endaves less than 10 acres in all areas of the City that meet adopted level-of-services standards, and incrementally annexing endave properties with the intent to reduce them below the 10-acre threshold. Pursuant to Section 9.C.2(2) of the Land Development Regulations, staff is not required to review the petition against the eight (8) criteda by which land use amendments and rezonings are to be reviewed as indicated in Section 9.C.7. where the proposed zoning is consistent with zoning or land use recommendations contained in the Comprehensive Plan. Usually in those instances, staff analysis relates only to consistency with other relevant portions of the Comprehensive Plan, the dty's annexation program and service capability. In this instance, however, the analysis serves to strengthen the case for requesting a land use different from that of abutting properties. a. Whether the proposed rezon/ng would be cons/stent w/th applicable comprehensive plan poi/des including but not//m/ted to, a proh/biObn against any increase in dwelling unit dens/b/exceeding 50/n the hurricane evacuaEon zone without wdtten approval of the Palm Beach County Emergency Planning Division and the City's manager. The planning department shall a/so recommend #m/tab'on$ or requirements, which would have to be imposed on subsequent development of the property, in order to comply with po#des contained in the comprehensive p/an. Page 4 File Number: LUAR 04-001-ANEX 04-001 Bayfront Over the past several years, the City has seen a shift from the perpetuation of small commercial uses along the corridor to residential uses, particularly those with densities greater than 10.8 units per acre. Higher density development was facilitated by the City's Comprehensive Plan through the establishment of the Special High Density Residential classification, intended to support redevelopment in the coastal area. Land use amendments and rezonings, which change designations from commercial use to residential use are particularly consistent with two policies in the Comprehensive Plan: "Policy 1.111 The City shall conbhue to discourage add~bnal commercial and industn'al uses beyond those which are currently shown on the Future Land Use fifap, except where access/s greatest and impact~ on residenb'a/ /and uses are /east"; and "Po/icy 1.19.7 The City shall contz'nue to change the land use and zoning to permit only residenb'al or other non-commercial uses in areas where the demand for commerda/ uses wi//not increase, parO'cular/y in the Coastal Area." The subject property is located in Planning Area V (Entrances to the C~/) in the Federa/ H(qhwa¥ COrridor Community Redevelo_~ment Plan, which was adopted by the City on Hay 16, 2001. 'The plan's recommendaUons for this planning area include the following: "Encourage a variety of hou~ing. Develop intensity standards that allow for a vadety of housing styles and types at intens'ddes that will assist in supporting the downtown area and general economic expansion." (p. 80); and 'Require a tran$iUon to the adjacent gatoway neighborhoods, Create development standards in the city entrance communities that establish a logical transiUon to the gateway communiUes. Building scale, massing and placement should be less intense than that of the adjacent planning areas, but substantial enough to announce an arrival in the Qty." (p. 81) lin concert with the recommendaUons dted, the residential density of the proposed development will help to support the downtown commercial core, as well as the recognized commercial nodes in the corridor, l~n addiUon, it is proposed at a scale and massing that will provide a trans'~ion into the downtown area, where development standards allow greater densiUes and more intense.massing of buildings. b. Whether the proposed rezoning would be contrary to the established land use pattern, or would create an isolated d/strict unrelated to adjacent and nearby distn'cts, or would consO'tuto a grant of spec/al pdv#ege to an/ndMdua/property owner as contrasted ~4th the protect'on of the public we/fare. The changing development pattern in the Federal Highway corridor has seen an increase in the number of residenUal developments with densiUes greater than 10.8 du/ac. This type of development furthers the pattem that existed in the corridor, south of Woolbdght Road, before the adopUon of the current Comprehensive Plan. At the Ume of its adopUon, there were already 4 developments that exceeded 10.8 du/ac with densities ranging from 21 du/ac (Colonial Club) to 32.2 du/ac (Seagate). The shift in the development pattern has served to replace marginal and sub-standard commercial uses with residenUal projects that have been an Page 5 File Number: LUAR 04-001-ANEX 04-001 Bayfront enhancement to the esthetics of the corridor, as well as the City's tax base, supporting existing commercial nodes and the downtown core. The requested map amendment and rezoning would serve to increase the range of housing opportunities available in the redevelopment area. At the same time, they will increase allowed residential density adjacent to existing single family homes. c. Whether changed or changing conditions make the proposed rezoning desirable. The request for conversion of parcels designated for commercial uses to mulU-family residenUal for condominium and townhouse development has become more prevalent in the Federal Highway corridor in the last four years. While not the case in this Instance, often the conversion serves to remove marginal, and someUmes undesirable, commerdal uses. AddiUonally, adopUon of the IPUD regulaUons in .~une 2002, provided an attractive incenUve for redevelopment and infill projects on smaller parcels in the Federal Highway corridor. These two changes in conditions serve to make the proposed rezoning desirable. d. Whether the proposed use would be compab'ble w/th ut#ity ~ystems, roadways, and other public facili~fes. The applicant has provided a traffic analysis that indicates that if the property were redeveloped as a commercial use, it would generate 3,247 average daily trips compared to 439 average daily trips generated by the proposed multi-family development, or 2,808 fewer tdps per day. According to link analysis, preformed by Kimley-Horn and Associates during the TCEA application process, the Federal Highway roadway from 23rd Avenue to George Bush Boulevard has a daily capacity of 29,300 trips at LOS "D", with Average Annual Daily Tdps (AADT) for the year 2003 at 22,772. Based on the City's adopted Levels of Service (LOS) for potable water (200 gallons per capita per day [GPCD]) and sewer service (90 GPCD) the projected demands are expected to be 20,640 gallons for water and 9,288 GPCD sewer service. The C'~/'s utility plants currently have unreserved capacity to serve the projected demands of the proposed project. With respect to solid waste, the Palm Beach County Solid Waste Authority has stated that adequate capadty exists to accommodate the county's munidpalities throughout the 10-year planning pedod. The School District of Palm Beach County has reviewed the application and has issued a statement that the project complies with the adopted Level of Service (LOS) for school concurrency. The concurrency determination is valid for one year from March 24, 2004, the date of issuance. Lastly, drainage will also be reviewed in detail as part of the site plan approval process, and must satis~/all requirements of the city and local drainage permitting authorities. Page 6 File Number: LUAR 0fl-001-ANEX 0~-001 Bayfront e. Whether the proposed rezon/ng would be compab'ble w/th the current and future use of adjacent and nearby properb'es, or would affect bbe property values of adjacent or nearby properb'es. The proposed rezoning will be compaUble with adjacent and nearby properties, and will only serve to increase the value of these properUes. f. Whether the property/s phys/ca#y and economically developable under the ex/sb'ng zoning. The property is currently vacant and most probably could be developed; however, with annexaUon into the City, the Palm Beach County zoning must be changed to a city zoning district. C-3 Community Commerdal would most nearly correspond with Palm Beach County's Commercial General zoning district, and the property could be developed under C-3 Commercial zoning. g. Whether the proposed rezoning is of a scale which is reasonably related to the needs of the neighborhood and the city as a whole. The requested land use amendment and rezoning present the opportunity for redevelopment in a highly visible entrance corridor to the City and will also support the current trend toward greater residenUal uses in this area, economic revitalizaUon, and downtown redevelopment. h. Whether there are adequate sites elsewhere/n the city for the proposed use,/n distn'cts where such use is already a#owed. Residential densiUes of 20 du/ac are permitted in the Federal Highway corridor to encourage infill development and redevelopment. There are a limited number of sites elsewhere in the dty where residenUal development could occur at a density of :t0.8 du/ac; however, those sites do not offer the opportunity for redevelopment and infill development that this IocaUon affords. Nor would development of those available s'C~es serve to promote the goals of the Community Redevelopment Agency and the Federal Highway Corridor Community Redevelopment Plan. HASTERISITE PLAN ANALYSZS The [PUD regulations are intended to be used in s'~:uations where new development or redevelopment is proposed within an already developed area or neighborhood located in the "Federal Highway Cortfdor Community Redevelopment Plan"Study Areas ! and V. (The site for Bayfront is in Area V.) A mixture of uses, induding residential, retail commerdal and office, may be allowed to the extent that no land use conflicts will result and the basic intent of the Zoning Code and the Comprehensive Plan will be followed. It is a basic expectaUon that anyone requesting the use of the [PUD district will develop to standards that exceed the C"~y's basic development standards in terms of site design, building architecture and construction materials, amenities and landscape design. To that end, all applications for rezoning to an :[PUD must be accompanied by a detailed master plan or site plan. In this instance, an applicaUon for site plan approval has been submitted and is being reviewed concurrent with this request.. Page 7 File Number: LUAR 04-001-ANEX 04-001 Bayfront The site plan shows forty-eight (48) multi-family units in 5 structures, each containing three stories. Designs shown for the buildings are a derivative of Mediterranean architecture with stucco walls, S-tile roofs and decorative moldings, appliques columns and balconies; all representative of a relatively high quality architectural design and materials The maximum density allowed by the Special High Density Residential land use classification is 20 du/ac, the applicant proposes a density of 19.5 du/ac. The proposed units are a mix of single-story and two-story condominiums ranging between two (2) and three (3) bedrooms. Each of the five (5) buildings would contain a variety of unit types. According to the floor plans the smallest unit would be 1,260 square feet in area and the largest unit would be 1,640 square feet. Building setbacks are as follows: Front: 10 feet Side 5 feet Rear 10 feet A recreation area of approximately 0.11 acre will be located near the center of the development. The proposed recreation area would include a pool area, and a clubhouse of approximately 1,800 sq. It. that includes a clubroom with kitchenette and bathrooms. CONCLUS[ONSI RECOHI4ENDAT[ONS The request is consistent with the objectives of the City's annexation program, relevant policies in the Comprehensive Plan, and the adopted Federa/H/~Thway ¢orrfdor Commun/ty Redeve/opmentP/an. The requested land use amendment and rezoning will allow the development of a project that will be a benefit to the city, both fiscally and esthetically; support recognized commercial nodes and the downtown commerdal core, and the proposed development meets the standards expected when a project is developed in the ;[PUD zoning district. Therefore, staff recommends that the subject request be approved. If the Community Redevelopment Agency Board or the City Commission recommends conditions, they will be included within Exhibit "B". A'I-I'ACHMENTS BAYFRONT: LOCATION MAP EXHIBIT A NI LRC GC / GC NIC / LEGEND ,,,,, City Boundary Future Land Uses: LRC - Local Retail Commercial GC - General Commercial R - Recreational XII. - LEGAL ITEM A.2 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 [] April 7, 2004 March 15, 2004 (Noon.) [] June 1, 2004 May 17, 2004 (Noon) [] April 20, 2004 April 5, 2004 (Noon) [] June 15, 2004 May 31,2004 (Noon) [] May4,2004 April l9, 2004 (Noon) [] July6,2004 June14, 2004 (Noon) z' [] May 18, 2004 May 3, 2004 (Noon) [] July 20, 2004 July 5, 2004 (Noon) [] Administrative [] Legal z~ o:;t:: 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 June 1, 2004 City Commission Agenda under Legal, Ordinance - Second Reading. The City Commission approved this request under Public Hearing and Legal, Ordinance First Reading on May 18, 2004. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 04-100. EXPLANATION: PROJECT: Bayfront (LUAR 04-001) AGENT: Carlos Ballbe, Keith & Ballbe, Inc. OWNER: Hector Garcia, Southern Homes of Palm Beach IV, LLC LOCATION: West side of South Federal Highway, approximately one-quarter mile south of Old Dixie Highway DESCRIPTION: Request to amend the Comprehensive Plan Future Land Use map from Commercial High Intensity (Palm Beach County) to Special High Density Residential; and Proposed use for multi-family development consisting of 48 units. PROGRAM IMPACT: N/A FISCAL IMPACT: . N/A ALTERNATIVES: ,~d N/A ~ Deve~m~t ]~"~r~en~t Director City"'Man~.'~;~ture arming and Zoni~ l~i~ector "]-' ' City At~ey / Finance / Human Resources S:XPIanningXSHARED\WP~ROJECTSXSouthern Homes of Palm Beach~BAYFRON'ISLUAR 04-001'~genda Item Request Bayfront LUAR 04-001 .,Mnend - 2nd reading 6-1-04.dot S:\BULLETIN~ORMSXAGENDA ITEM REQUEST FORM.DOC 1 ORDINANCE NO. 04- O 005 2 3 AN ORDINANCE OF THE CITY OF BOYNTON 4 BEACH, FLORIDA, REGARDING PROPERTY 5 CONSISTING OF APPROXIMATELY 2.46 ACRES 6 AND LOCATED ON THE WEST SIDE OF SOUTH 7 FEDERAL HIGHWAY, APPROXIMATELY ~A Mil .E [3 SOUTH OF OLD DIXIE HIGHWAY; AMENDING 9 ORDINANCE 89-38 BY AMENDING THE FUTURE 10 LAND USE ELEMENT OF THE COMPREHENSIVE 't 1 PLAN OF THE CITY FOR THE PROPERTY MORE 12 PARTICULARLY DESCRIBED HEREIN; THE LAND 3.3 USE DESIGNATION IS BEING CHANGED FROM 3. 4 COMMERCIAL HIGH (UNINCORPORATED PALM :1_5 BEACH COUNTY) TO SPECIAL HIGH DENSITY 16 RESIDENTIAL; PROVIDING FOR CONFLICTS, 3.? SEVERABILITY, AND AN EFFECTIVE DATE. 18 3.9 WHEREAS, the City Commission of the City of Boynton Beach, Florida has 2 0 adopted a Comprehensive Future Land Use Plan and as part of said Plan a Future Land 23. Use Element by Ordinance No. 89-38 in accordance with the Local Government 2 2 Comprehensive Planning Act; and 2 3 WHEREAS, the procedure for amendment of a Future Land Use Element of a 24 Comprehensive Plan as set forth in Chapter 163, Florida Statutes., has been followed; 25 and 26 WHEREAS, after public hearing and study, the City Commission deems it in the 27 best interest of the inhabitants of said City to amend the aforesaid Element of the 28 Comprehensive Plan as adopted by the City herein. 29 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 30 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 33. Section 1: The foregoing WHEREAS clauses are true and correct and 32 incorporated herein by this reference. S: \CA\Ordinances\Plannln~\Land ~se\B&yfron~ ~and Use.doc 3_ Section 2: Ordinance No. 89-38 of the City is hereby amended to reflect the 2 following: 3 That the Future Land Use of the following described land shall be designated as 4 Special High Density Residential (SHI)R). Said land is more particularly described as 5 follows: 6 Lots 56 & 57, "Amended Plat of Tradewind Estates" according to the Plat thereof as ? recorded in Plat Book 21, Page 73 of the Public Records of Palm Beach County, Florida, 8 Less a portion of Lot 57 for Right-of Way of State Road No. 5 as shown on State of 9 Florida State Road Department right-of-way map section No. 9301-205. 10 11 Containing approximately 2.46 acres of land. 12 13 Section 3: That any maps adopted in accordance with the Future Land Use Element 3_ 4 shall be amended accordingly. 15 Section 4: All ordinances or parts of ordinances in conflict herewith are hereby 16 repealed. 3_ 7 Section 5: Should any section or provision of this Ordinance or any portion thereof 1 $ be declared by a court of competent jurisdiction to be invalid, such decision shall not affect 19 the remainder of this Ordinance. 2 0 Section 6: This Ordinance shall take effect on adoption, subject to the review, 21 challenge, or appeal provisions provided by the Florida Local Government Comprehensive 2 2 Planning and Land Development Regulation Act. No party shall be vested of any right by 2 3 virtue of the adoption of this Ordinance until all statutory required review is complete and all 2 4 legal challenges, including appeals, are exhausted. In the event that the effective date is 2 5 established by state law or special act, the provisions of state act shall control. 26 FIRST READING this [8 day of ,t~O~ ,2004. 27 S:\CA\Ordinance~\Plannlng\Land Use\Bayfront Land Use.doc i SECOND, FINAL READING and PASSAGE this ~ day of ,2004. 2 CITY OF BOYNTON BEACH, FLORIDA 3 4 5 Mayor 6 7 8 Vice Mayor 9 10 11 Commissioner 12 13 14 Commissioner 15 16 1 ? Commissioner 18 ATTEST: 19 20 21 City Clerk 22 2 3 (Corporate Seal) 24 ~:\CA\Ordinances\Planning\Land Use\Bayfront Land Use.doc DEVELOPMENT DEPARTHENT PLANNZNG & ZONZNG D~$t'ON MEMORANDUM NO. PZ 04-].00 TO: Chairman and Members Community Redevelopment Agency Board, Mayo~mmission FROM: Dick I~_?;~h, AICP Senior Planner THROUGH: Michael W. Rumpf~'L~-~ Director of Planning and Zoning DATE: May 5, 2004 PRO.1ECT NAME/NUHBER: Bayfron~/ANEX 04-001-LUAR 04-001 RE(~UEST: To annex the property, amend the Future Land Use Designation from CH/5 (Palm Beach County) to Special High Density Residential (20 du/ac) and rezone from GC General Commercial (Palm Beach County) to Infill Planned Unit Development (IPUD). PRO3E.CT DES, CI~PI~ON Property Owner: Southern Homes of Palm Beach V, LLC Applicanf~Agent: Southern Homes of Palm Beach V, LLC/CaHos .1. Ballb(~ of Keith & Ballb~, Inc. Location: Wes~ side of South Federal Highway, approximately one-quarter mile south of Old Dixie Highway. (Exhibit ~A") Parcel Size: +2.46 acres Existing Land Use: CH/5 Commercial High Intensity with an underlying residential density Of 5 dwelling units per acre (du/ac) (Palm Beach County) Existing Zoning: CG Commercial General (Palm Beach County) Proposed Land Use: Special High Density Residential (20 du/ac) Proposed Zoning: IPUD Infill Planned Unit Development Proposed Use: 48-unit apart~nent community Page 2 File Number: LUAR 04-001-ANEX 04-001 Bayfront Adjacent Uses: North: Property within the City of Boynton Beach designated Local Retail Commercial (LRC) and zoned C-3 Community Commercial occupied by a single-family residence. South: To the southeast, developed property (motel) in unincorporated Palm Beach County designated CH~5 and zoned CG. To the southwest, property within the City of Boynton Beach designated General Commercial (GC) and zoned C-~t General Commercial. East: The right-of-way of South Federal Highway, then vacant property in unincorporated Palm Beach County designated MR-5 Medium Density Residential (5 alu/ac) and zoned RM-Multi-Family Residential. West: To the northwest, developed property (church) within the City of Boynton Beach designated General Commercial (GC) and zoned C-4 General Commercial. To the southwest, property in unincorporated Palm Beach County designated CH/5 and zoned CG occupied by a single-family dwelling. EX£CUI'ZVE SUMMARY Staff recommends approval of the requested land use amendment and rezoning for the following reasons: 1. The request is consistent with the objectives of the City's annexation program, relevant policies in the Comprehensive Plan, and the adopted Federa/H/ghway Corridor Comrnun/ty Redeve/opment P/an. 2. The requested land use amendment and rezoning will allow the development of a project that will be a benefit to the city, both fiscally and estheUcally. 3. The proposed development meets the standards expected when a project is developed in the 1PUD zoning district. zt. There is a long-standing lack of demand for retail commercial land in the vicinity and a high proven demand for residential land use in the Federal Highway corridor. .B, ACKGRO, UND When the Comprehensive Plan was adopted in 1989, it was envisioned that the properties along the Federal Highway Corridor south of the intersection of Old Dixie Highway would eventually be annexed into the City and form a retail-oriented corridor, consistent with the land use deslgnaUons and zoning categories assigned by both the City and Palm Beach County and in effect at that time. For example, the "Problems and OpportuniUes" section of the support documents suggested that an appropriate use in this area would be new car dealerships. Page 3 File Number: LUAR 04-001-ANEX 04-001 Bayfront Over the past several years, the City has seen a shift from the perpetuation of small commercial uses along the corridor to residential uses, particularly those with densities greater than 10.8 units per acre. Higher density development was facilitated by the City's Comprehensive Plan through the establishment of the Special High Density Residential classification, intended to support redevelopment in the coastal area. This type of development furthered the pattern that existed in the corridor, south of Woolbright Road, before the adoption of the current Comprehensive Plan. At the time of its adoption, there were already 4 developments that exceeded 10.8 du/ac with densities ranging from 21 du/ac (Colonial Club) to 32.2 du/ac (Seagate). The shift has served to replace marginal and sub-standard commercial uses with residential projects that have enhanced the esthetics of the corridor, as well as the City's tax base. The remaining viable neighborhood-serving commercial uses are being concentrated into nodes located at major intersections along Federal Highway--Woolbright Road, Gulfstream Boulevard, and Old Dixie Highway. The request for a land use amendment and rezoning for the subject property continues this trend. PRO.]ECT ANALYS:[S The parcels, which are the subject of this land use amendment, total :2.45 acres. Because of the size of the property under consideration, the Florida Department of Community Affairs classifies this amendment as a ~small scale" amendment. ^ ~small-scale' amendment is adopted prior to forwarding to the Florida Depad~ent of Community Affairs and is not reviewed for compliance with the state, regional and local comprehensive plans prior to adoption. State annexation law allows the annexation of enclaves that are less than 10 acres without the consent of property owners; however, in this instance, the annexation is at the request of the property owner. Currently, objectives of the annexation program include annexing all enclaves less than 10 acres in all areas of the City that meet adopted level-of-services standards, and incrementally annexing enclave properties with the intent to reduce them below the 10-acre threshold. Pursuant to Section 9.C.2(2) of the Land Development Regulations, staff is not required to review the petition against the eight (8) criteria by which land use amendments and rezonings are to be reviewed as indicated in Section 9.C.7. where the proposed zoning is consistent with zoning or land use recommendations contained in the Comprehensive Plan. Usually in those instances, staff analysis relates only to consistency with other relevant portions of the Comprehensive Plan, the city's annexation program and service capability. In this instance, however, the analysis serves to strengthen the case for requesting a land use different from that of abutting properties. a. Whether the proposed rezoning would be cons/stent w/th applicable comprehensive plan policies including but not limited to, a prohibition against any increase in dwe#/ng unit density exceeding 50 in the hurricane evacuation zone without written approval of the Palm Beach County Emergency Planning Division and the C/ty's risk manager. The planning department shall also recommend limita~bns or requirernent~, which would have to be imposed on subsequent development of the property, in order to comply with policies contained in the comprehensive plan. Page 4 File Number: LUAR 04-O01-ANEX 04-001 Bayfront Over the past several years, the City has seen a shift from the perpetuation of small commercial uses along the corridor to residential uses, particularly those with densities greater than 10.8 units per acre. Higher density development was fadlitated by the City's Comprehensive Plan through the establishment of the Special High Density Residential classification, intended to support redevelopment in the coastal area. Land use amendments and rezonings, which change designations from commercial use to residential use are particularly consistent with two policies in the Comprehensive Plan: "Po/icy 1.17.1 The City shall con~'nue to discourage addi~'onal commercial and industrial uses beyond those which are currently shown on the Future Land Use Map, except where access is greatest and impact~ on residential land uses are least';' and "Policy 1.1~.? The City shall continue to change the land use and zoning to permit only resident'al or other non-commercial uses in areas where the demand for commercial uses wi//not increase, particularly in the Coastal Area." The subject property is located in Planning Area V (Entrances to the City) in the Federal Ni~Thway Corridor Community Redevelopment Plan, which was adopted by the City on May 16, 2001. The plan's recommendations for this planning area include the following: 'Encourage a variety of housing, Develop intensity standards that allow for a variety of housing styles and types at intensiUes that will assist in supporUng the downtown area and general economic expansion." (p. 80); and "Require a transition to the adjacent gateway neighborhoods. Create development standards in the city entrance communities that establish a logical transition to the gateway communiUes. Building scale, massing and placement should be less intense than that of the adjacent planning areas, but substantial enough to announce an arrival in the City." (p. 81) in concert with the recommendaUons dted, the residenUal density of the proposed development will help to support the downtown commercial core, as well as the recognized commerdal nodes in the corridor. :In addiUon, it is proposed at a scale and massing that will provide a transition into the downtown area, where development standards allow greater densiUes and more intense.massing of buildings. b. Whether the proposed rezon/ng would be contrary to the establ/shed land use pattern, or would create an/solated d/strict unrelated to adjacent and nearby districts, or would cons~'tute a grant of special prM'lege to an individual property owner as contrasted with the protection of the public welfare. The changing development pattern in the Federal Highway corridor has seen an increase in the number of residenUal developments with densiUes greater than 10.8 alu/ac. This type of development furthers the pattern that existed in the corridor, south of Woolbdght Road, before the adopUon of the current Comprehensive Plan. At the Ume of its adopUon, there were already ~t developments that exceeded 10.8 du/ac with densiUes ranging from 21 du/ac (Colonial Club) to 32.2 du/ac (Seagate). The shift in the development pattern has served to replace marginal and sub-standard commercial uses with residenUal projects that have been an Page 5 File Number: LUAR 04-001-ANEX 04-001 Bayfront enhancement to the esthetics of the corridor, as well as the City's tax base, supporting existing commercial nodes and the downtown core. The requested map amendment and rezoning would serve to increase the range of housing opportunities available in the redevelopment area. At the same time, they will increase allowed residential density adjacent to existing single family homes. c. Whether changed or chang/rig cond/tions make the proposed rezon/ng desirable. The request for conversion of parcels designated for commercial uses to multi-family residenUal for condominium and townhouse development has become more prevalent in the Federal Highway corddor in the last four years. While not the case in this instance, often the conversion serves to remove marginal, and someUmes undesirable, commercial uses. Additionally, adopUon of the [PUD regulations in 3une 2002, provided an attraddve incentive for redevelopment and infill projects on smaller parcels in the Federal Highway corridor. These two changes in conditions serve to make the proposed rezoning desirable. d. Whether the proposed use would be compatible w/th utility systems, roadways, and other publ/c fac#/ties. The applicant has provided a traffic analysis that indicates that if the property were redeveloped as a commercial use, it would generate 3,247 average daily trips compared to 439 average daily trips generated by the proposed multi-family development, or 2,808 fewer trips per day. According to link analysis, preformed by Kimley-Horn and Associates during the TCEA application process, the Federal Highway roadway from 23r~ Avenue to George Bush Boulevard has a daily capacity of 29,300 trips at LOS "D'; with Average Annual Daily Trips (AADT) for the year 2003 at 22,772. Based on the City's adopted Levels of service (LOS) for potable water (200 gallons per capita per day [GPCD]) and sewer service (90 GPCD) the projected demands are expected to be 20,640 gallons for water and 9,288 GPCD sewer service. The City's utility plants currently have unreserved capacity to serve the projected demands of the proposed project. With respect to solid waste, the Palm Beach County Solid Waste Authority has stated that adequate capacity exists to accommodate the county's municipalities throughout the 10-year planning period. The School District of Palm Beach County has reviewed the application and has issued a statement that the project complies with the adopted Level of Service (LOS) for school concurrency. The concurrency determination is valid for one year from Harch 24, 2004, the date of Issuance. Lastly, drainage will also be reviewed in detail as part of the site plan approval process, and must satisfy all requirements of the city and local drainage permitting authorities. Page 6 File Number: LUAR 0~-001-ANEX 0zt-001 Bayfront e. 14/hether the proposed rezon/ng would be compa~ble with the current and future use of adjacent and nearby properb'e~, or would affect the property values of adjacent or nearby properb'es. The proposed rezoning will be compatible with adjacent and nearby properties, and will only serve to increase the value of these properties. f. Whether the property is physically and econornical/y developable under the exists'rig zoning. The property is currently vacant and most probably could be developed; however, with annexation into the City, the Palm Beach County zoning must be changed to a city zoning district. C-3 Community Commercial would most nearly correspond with Palm Beach County's Commercial General zoning district, and the property could be developed under C-3 Commercial zoning. g. Whether the proposed rezoning is of a scale which is reasonably related to the needs of the neighborhood and the clb/ as a whole. The requested land use amendment and rezoning present the opportunity for redevelopment in a highly visible entrance corridor to the City and will also support the current trend toward greater residential uses in this area, economic revitalization, and downtown redevelopment. h. Whether there are adequate sites elsewhere in the city for the proposed use, in districts where such use is already allowed. Residential densities of 20 du/ac are permitted in the Federal Highway corridor to encourage infill development and redevelopment. There are a limited number of sites elsewhere in the city where residenUal development could occur at a density of 10.8 alu/ac; however, those sites do not offer the opportunity for redevelopment and infill development that this IocaUon affords. Nor would development of those available sites serve to promote the goals of the Community Redevelopment Agency and the Federal Highway Corridor Community Redevelopment Plan. MASTER/STrE PLAN ANALYSZS The ]:PUD regulations are intended to be used in situaUons where new development or redevelopment is proposed within an already developed area or neighborhood located in the "Federal Highway Corridor Community Redevelopment Plan"Study Areas I and V. (The site for Bayfront is in Area V.) A mixture of uses, including residential, retail commercial and office, may be allowed to the extent that no land use conflicts will result and the basic intent of the Zoning Code and the Comprehensive Plan will be followed. It is a basic expectation that anyone requesting the use of the IPUD district will develop to standards that exceed the City's basic development standards in terms of site design, building architecture and construction materials, amenities and landscape design. To that end, all applicaUons for rezoning to an IPUD must be accompanied by a detailed master plan or site plan. In this instance, an applicaUon for site plan approval has been submitted and is being reviewed concurrent with this request. Page 7 File Number: LUAR 04-001-ANEX 04-001 Bayfront The site plan shows forty-eight (48) multi-family units in 5 structures, each containing three stories. Designs shown for the buildings are a derivative of Mediterranean architecture with stucco walls, S-tile roofs and decorative moldings, appliques columns and balconies; all representative of a relatively high quality architectural design and materials The maximum density allowed by the Special High Density Residential land use classification is 20 du/ac, the applicant proposes a density of 19.5 du/ac. The proposed units are a mix of single-story and two-story condominiums ranging between two (2) and three (3) bedrooms. Each of the five (5) buildings would contain a variety of unit types. According to the floor plans the smallest unit would be 1,260 square feet in area and the largest unit would be 1,640 square feet, Building setbacks are as follows: Front: 10 feet Side 5 feet Rear 10 feet A recreaUon area of approximately 0.11 acre will be located near the center of the development. The proposed recreaUon area would include a pool area, and a clubhouse of approximately 1,800 sq. fi. that includes a clubroom with kitchenette and bathrooms. CONCLUSZONSI RECOMMENDATZONS The request is consistent with the objectives of the City's annexaUon program, relevant policies in the Comprehensive Plan, and the adopted ?edera/Hi_qhway ¢orffdor Community Redevelopment Plan. The requested land use amendment and rezoning will allow the development of a project that will be a benefit to the city, both fiscally and estheUcally; support recognized commercial nodes and the downtown commercial core, and the proposed development meets the standards expected when a project is developed in the IPUD zoning district. Therefore, staff recommends that the subject request be approved. If the Community Redevelopment Agency Board or the City Commission recommends conditions, they will be included within Exhibit "B". A'I-rACHMENTS S:\P~RARED\WP\PRO~3ECTSLSouthem Homes of Palm Beach\BAYFRONT\LUAR 04-O03.~%-TAFF REPORT NEW.doc BAYFRONT: LOCATION MAP EXHIBIT A t LRC GC I GC / ,,c / ! LEGEND "',, City Boundary Future Land Uses: LRC - Local Retail Commercial GC - General Commercial R - Recreational x[[. - LEGAL I'TEM A.3 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 [] April 7, 2004 March 15, 2004 (Noon.) [] June l, 2004 May 17, 2004 (Noon) [] April 20, 2004 April 5, 2004 (Noon) [] June 15, 2004 May 31,2004 (Noon) [] May 4, 2004 April 19, 2004 (Noon) [] July 6, 2004 June 14, 2004 (Noon) [] May18,2004 May 3, 2004 (Noon) [] Juty 20, 2004 July 5, 200n (Noon) [] Administrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Heating [] Code compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Please place this request on the June I, 2004 City Commission Agenda under Legal, Ordinance - Second Reading. The City Commission approved this request under Public Heating and Legal, Ordinance - First Reading on May 18, 2004. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 04-100. EXPLANATION: PROJECT: Bayfront (LUAR 04-001) AGENT: Carlos Ballbe, Keith & Ballbe, Inc. OWNER: Hector Garcia, Southern Homes of Palm Beach IV, LLC LOCATION: West side of South Federal Highway, approximately one-quarter mile south of Old Dixie Highway DESCRIPTION: Request to rezone property from General Commercial (Palm Beach County) to Infill Planned Unit Development (/PUD). Proposed use for multi-family development consisting of 48 units. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES:~ N/A DevelopmeXa~ D'e~pa~nt Direc~r City Manager's Signature Planning and Zotnfi{g Director 1'' ' C{ty Attorne} }' Finance / Human Resources S :~Planning~S HARED\WP~PROJECTS~Southern Homes of Palm Beach~BAYFRONTxLUAR 04-001 '~Agenda Item Request Bayfront LUAR 04-001 Rezone 2nd reading 6-1-04.dot S:~BULLETINWORMSXAGENDA ITEM REQUEST FORM.DOC 1 ORDINANCE NO. 04- O2}Q:> 2 AN ORDINANCE OF THE CITY OF 3 BOYNTON BEACH, FLORIDA, 4 REGARDING THE APPLICATION OF S SOUTHERN HOMES OF PALM BEACH IV, 6 LLC, AMENDING ORDINANCE 02-013 OF 7 SAID CITY BY REZONING A PARCEL OF 8 LAND MORE PARTICULARLY 9 DESCRIBED HEREIN, FROM CG- l 0 GENERAL COMMERCIAL 11 (UNINCORPORATED PALM BEACH 12 COUNTY) AND RESIDENTIAL MULTI- 13 FAMILY TO INFILL PLANNED UNIT 14 DEVELOPMENT (IPUD); PROVIDING FOR 15 CONFLICTS, SEVERABILITY AND AN 16 EFFECTIVE DATE. 18 WHEREAS, the City Commission of the City of Boynton Beach, Florida has 19 adopted Ordinance No. 02-013, in which a Revised Zoning Map was adopted for said 2 0 City; and 21 WHEREAS, Southern Homes of Palm Beach IV, LLC, owner of the 22 property more particularly described hereinafter, has heretofore flied a Petition, 23 through its agent, Carols J. Ballbe/Keith & Ballbe, Incorporated, pursuant to Section 24 9 of Appendix A-Zoning, of the Code of Ordinances, City of Boynton Beach, 2 5 Florida, for the purpose of rezoning a tract of land consisting of approximately 2.46 ' 2 6 acres, said land being more particularly described hereinafter, from CG (General 27 Commercial (unincorporated Palm Beach County) and Residential Multi-family to 2 $ Infill Planned Unit Development (IPUD); and 29 WHEREAS, the City Commission conducted a public hearing and heard 3 0 testimony and received evidence which the Commission finds supports a rezoning for S:\CA\Ordinances\PlanningkR~rzoning~Rezoning - Bayfront.doc :1_ the property hereinafter described; and 2 WHEREAS, the City Commission finds that the proposed rezoning is 3 consistent with an amendment to the Land Use which was contemporaneously 4 considered and approved at the public heating heretofore referenced; and 5 WHEREAS, the City Commission deems it in the best interests of the 6 inhabitants of said City to amend the aforesaid Revised Zoning Map as hereinafter '7 set forth. 8 NOW, THEREFORE, BE IT ORDAINED BY THE CITY 9 COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 10 Section 1. The foregoing Whereas clauses are true and correct and 11 incorporated herein by this reference. 12 Section 2. The following described land, located in the City of Boynton Beach, 13 Florida as set forth as follows: 14 15 Lots 56 & 57, "Amended Plat of Tradewind Estates" according to the Plat thereof as 16 recorded in Plat Book 21, Page 73 of the Public Records of Palm Beach County, Florida, 17 Less a portion of Lot 57 for Right-of Way of State Road No. 5 as shown on State of 18 Florida State Road Department right-of-way map section No. 9301-205. 19 2 0 Containing approximately 2.46 acres of land. 21 22 ~e and the same is hereby rezoned from CG General Commercial (unincorporated Palm 2 3 3each County) and Residential Multi-family to Infill Planned Unit Development (IPUD). 2 4 ~ location map is attached hereto as Exhibit "A" and made a part of this Ordinance by 2 5 'eference. 2 6 Section 3: That the aforesaid Revised Zoning Map of the City shall be amended 2 7 tccordingly. S:\CA\OrdinanceskPlanningXRezoningkRezoning - Bayfi'ont.doc 1 Section 4: All ordinances or parts of ordinances in conflict herewith are 2 hereby repealed. 3 Section 6: Should any section or provision of this Ordinance or any portion 4 :hereof be declared by a court of competent jurisdiction to be invalid, such decision shall 5 not affect the remainder of this Ordinance. 6 Section 7. This ordinance shall become effective immediately upon passage. 7 FIRST READING this [ ~ day of ~(~O.J~ ,2004. 0 8 SECOND, FINAL READING and PASSAGE this __ day of ,2004. 9 CITY OF BOYNTON BEACH, FLORIDA 10 12 Mayor 1_3 14 15 Vice Mayor 16 17 18 Commissioner 19 2O 21 Commissioner 22 23 24 Commissioner 25 ATTEST: 26 27 28 City Clerk 29 30 (Corporate Seal) S:\CA\Ordinances~Planning\Rezoning~Rezoning - Bayfrontdoc BAYFRONT: LOCATION MAP EXHIBIT A LRC GC NIC LEGEND "", City Boundary Future Land Uses: LRC . Local Retail GC - General Commercial R - Recreational DEVELOPHENT DEPARTMENT PLANNING & ZON]:NG DI'V~SZON MEMORANDUM NO. PZ 04-100 TO: Chairman and Members Community Redevelopment Agency Board, Mayo~Commission FROM: Dick I-~_?1~, AICP Senior Planner THROUGH: Michael W. Rumpf~'~ Director of Planning and Zoning DATE: May 5, 2004 PRO-1ECT NAME/NUMBER: Bayfront/ANEX CH-001-LUAR 04-001 REQUEST: To annex the property, amend the Future Land Use Designation from CH/5 (Palm Beach County) to Special High Density Residential (20 du/ac) and rezone from GC General Commercial (Palm Beach County) to Infill Planned Unit Development (IPUD). PRO3ECT DESCR/PT'[ON Property Owner: Southern Homes of Palm Beach V, LLC Applicant/Agent: Southern Homes of Palm Beach V, LLC/Carlos .1. Ballb~ of Keith 8~ Ballb~, Inc. Location: West side of South Federal Highway, approximately one-quarter mile SOuth of Old Dixie Highway. (Exhibit "A'~ Parcel Size: +2.46 acres Existing Land Use: CH/5 Commercial High Intensity with an underlying residential density of 5 dwelling units per acre (du/ac) (Palm Beach County) Existing Zoning: CG Commercial General (Palm Beach County) Proposed Land Use: Special High Density Residential (20 du/ac) Proposed Zoning: IPUD Infill Planned Unit Development Proposed Use: 48-unit apartment community Page 2 File Number: LUAR 04-001-ANEX 04-001 Bayfront Adjacent Uses: North: Property within the City of Boynton Beach designated Local Retail Commercial (LRC) and zoned C-3 Community Commercial occupied by a single-family residence. South: To the southeast, developed property (motel) in unincorporated Palm Beach County designated CH/5 and zoned CG. To the southwest, property within the City of Boynton Beach designated General Commercial (GC) and zoned C-4 General Commercial. East: The right-of-way of South Federal Highway, then vacant property in unincorporated Palm Beach County designated MR-5 Medium Density Residential (5 du/ac) and zoned RM-Multi-Family Residential. West: To the northwest, developed property (church) within the City of Boynton Beach designated General Commercial (GC) and zoned C-4 General Commercial. To the southwest, property in unincorporated Palm Beach County designated CH/5 and zoned CG occupied by a single-family dwelling. EXECU12~E SUMMARY Staff recommends approval of the requested land use amendment and rezoning for the following reasons: 1. The request is consistent with the objectives of the City's annexation program, relevant policies in the Comprehensive Plan, and the adopted Federal fl/ghwa? Corr/dor Corn/nun/b/Redevelopment Plan. 2. The requested land use amendment and rezoning will allow the development of a project that will be a benefit to the dry, both fiscally and esthetically. 3. The proposed development meets the standards expected when a project is developed in the IPUD zoning district. 4. There is a long-standing lack of demand for retail commercial land in the vidnity and a high proven demand for residential land use in the Federal Highway corridor. .BACKGROUND When the Comprehensive Plan was adopted in 1989, it was envisioned that the properties along the Federal Highway Corridor south of the intersection of Old Dixie Highway would eventually be annexed into the City and form a retail-oriented corridor, consistent with the land use designaUons and zoning categories assigned by both the City and Palm Beach County and in effect at that Ume. For example, the "Problems and OpportuniUes" section of the support documents suggested that an appropriate use in this area would be new car dealerships. Page 3 File Number: LUAR 04-O01-ANEX 04-001 Bayfront Over the past several years, the City has seen a shift from the perpetuation of small commercial uses along the corridor to residential uses, particularly those with densities greater than 10.8 units per acre. Higher density development was facilitated by the City's Comprehensive Plan through the establishment of the Special High Density Residential classification, intended to support redevelopment in the coastal area. This type of development furthered the pattern that existed in the corridor, south of Woolbright Road, before the adoption of the current Comprehensive Plan. At the time of its adoption, there were already 4 developments that exceeded 10.8 du/ac with densities ranging from 2:1 du/ac (Colonial Club) to 32.2 du/ac (Seagate). The shift has served to replace marginal and sub-standard commercial uses with residential projects that have enhanced the esthetiCS of the corridor, as well as the City's tax base. The remaining viable neighborhood-serving commercial uses are being concentrated into nodes located at major intersections along Federal Highway--Woolbright Road, Gulfstream Boulevard, and Old Dixie Highway. The request for a land use amendment and rezoning for the subject property continues this trend. PRO3ECT ANALYS];S The parcels, which are the subject of this land use amendment, total 2.46 acres. Because of the size of the property under consideration, the Florida Department of Community Affairs classifies this amendment as a ``small scale" amendment. A "small-scale" amendment is adopted prior to forwarding to the Florida Deparb~ent of Community Affairs and is not reviewed for compliance with the state, regional and local comprehensive plans prior to adoption. State annexation law allows the annexation of enclaves that are less than 10 acres without the consent of property owners; however, in this instance, the annexation is at the request of the property owner. Currently, objectives of the annexation program include annexing ali enclaves less than 10 acres in all areas of the City that meet adopted level-of-services standards, and incrementally annexing enclave prope~es with the intent to reduce them below the 10-acre threshold. Pursuant to Section 9.C.2(2) of the Land Development Regulations, staff is not required to review the petition against the eight (8) criteria by which land use amendments and rezonings are to be reviewed as indicated in Section 9.C.7. where the proposed zoning is consistent with zoning or land use recommendations contained in the Comprehensive Plan. Usually in those instances, staff analysis relates only to' consistency with other relevant portions of the Comprehensive Plan, the city's annexation program and service capability. In this instance, however, the analysis serves to strengthen the case for requesting a land use different from that of abutting properties. a. Whether the proposed rezon/ng would be cons/stent w/th applicable comprehensive p/an policies including but not limited to, a proh/bibbn against any increase in dwe#/ng unit dens/b/exceeding 50 in the hurricane evacuation zone without written approval of the Palm Beach County Emergency Planning D/vis/on and the C/b/'s Hsk manager. The planning department shall also recommend limitab'ons or requirements, which would have to be imposed on subsequent development of the property, in order to comply w/th poi/des conta/ned in the comprehensive plan. Page 4 File Number: LUAR 04-001-ANEX 04-001 Bayfront Over the past several years, the City has seen a shift from the perpetuation of small commercial uses along the corridor to residential uses, particularly those with densities greater than 10.8 units per acre. Higher density development was facilitated by the City's Comprehensive Plan through the establishment of the Special High Density Residential classification, intended to support redevelopment in the coastal area. Land use amendments and rezonings, which change designations from commercial use to residential use are particularly consistent with two policies in the Comprehensive Plan: "Policy 1.17.1 The City shall contzhue to discourage additional commercial and industffal uses beyond those which are currently shown on the Future Land Use Nap, except where access is greatest and impacts on residential land uses are least';' and "Po/icy 1.19.? The City shall continue to change the land use and zoning to permit only residential or other non-commerda/ uses in areas where the demand for commercial uses w/ii not increase, particularly in the Coastal Area." The subject property is located in Planning Area V (Entrances to the City) in the Federal Hi~lhway Corridor Community Redevelopment Plan, which was adopted by the City on May 16, 2001. The plan's recommendations for this planning area include the following: 'Encourage a variety of housing. Develop intensity standards that allow for a variety of housing styles and types at intensities that will assist in supporUng the downtown area and general economic expansion." (p. 80); and "Require a transition to the adjacent gateway neighborhoods. Create development standards in the city entrance communities that establish a logical transition to the gateway communiUes. Building scale, massing and placement should be less intense than that of the adjacent planning areas, but substanUal enough to announce an arrival in the City." (p. 81) ]n concert with the recommendaUons tired, the residenUal density of the proposed development will help to support the downtown commercial core, as well as the recognized commercial nodes in the corridor. ~[n addiUon, it is proposed at a scale and massing that will provide a transition into the downtown area, where development standards allow greater densities and more intense .massing of buildings. b. H/hether the proposed rezoning would be contrary to the established/and use pattern, or would create an isolated d/stn'ct unrelated to adjacent and nearby dlstn'ct~, or would constitute a grant of special prM'lege to an/nd/v/dual property owner as contrasted w/th the protection of the public welfare. The changing development pattern in the Federal Highway corridor has seen an increase in the number of residenUal developments with densities greater than 10.8 du/ac. This type of development furthers the pattern that existed in the corridor, south of Woolbright Road, before the adopUon of the current Comprehensive Plan. At the Ume of its adopUon, there were already 4 developments that exceeded 10.8 du/ac with densities ranging from 21 du/ac (Colonial Club) to 32.2 du/ac (Seagate). The shift in the development pattern has served to replace marginal and sub-standard commercial uses with residential projects that have been an Page 5 File Number: LUAR 04-001-ANEX 04-001 Bayfront enhancement to the esthetics of the corridor, as well as the City's tax base, supporting existing commercial nodes and the downtown core. The requested map amendment and rezoning would serve to increase the range of housing opportunities available in the redevelopment area. At the same time, they will increase allowed residential density adjacent to existing single family homes. c. Whether changed or chang/rig cond/t/bns make the proposed rezon/ng des/table. The request for conversion of parcels designated for commercial uses to multi-family residential for condominium and townhouse development has become more prevalent in the Federal Highway corridor in the last four years. While not the case in this instance, often the conversion serves to remove marginal, and sometimes undesirable, commercial uses. Additionally, adoption of the IPUD regulations in .~une 2002, provided an attractive incentive for redevelopment and infill projects on smaller parcels in the Federal Highway corridor. These two changes in conditions serve to make the proposed rezoning desirable. d. Whether the proposed use would be compab'ble w/th utility systems, roadways, and other pub/lc faci/i~'es. The applicant has provided a traffic analysis that indicates that if the property were redeveloped as a commercial use, it would generate 3,2a,7 average daily trips compared to 439 average daily trips generated by the proposed multi-family development, or 2,808 fewer trips per day. According to link analysis, preformed by Kimley-Horn and Associates during the TCEA application process, the Federal Highway roadway from 23"~ Avenue to George Bush Boulevard has a daily capacity of 29,300 trips at LOS "D'; with Average Annual Daily Trips (AADT) for the year 2003 at 22,772. Based on the City's adopted Levels of service (LOS) for potable water (200 gallons per capita per day [GPCD]) and sewer service (90 GPCD) the projected demands are expected to be 20,6a~0 gallons for water and 9,288 GPCD sewer service. The City's utility plants currently have unreserved capadty to serve the projected demands of the proposed project. With respect to solid waste, the Palm Beach County Solid Waste Authority has stated that adequate capacity exists to accommodate the county's munidpaliUes throughout the :[0-year planning period. The School District of Palm Beach County has reviewed the applicaUon and has issued a statement that the project complies with the adopted Level of Service (LOS) for school concurrency. The concurrency determinaUon is valid for one year from March 2a,, 2004, the date of issuance. Lastly, drainage will also be reviewed in detail as part of the site plan approval process, and must satisfy all requirements of the city and local drainage permitting authodUes. Page 6 File Number: LUAR 04-001-ANEX 04-001 Bayfront e, Whether the proposed rezoning would be compatible w/th the current and future use of adjacent and nearby properties, or would affec~ the property values of adjacent or nearby properties, The proposed rezonin9 will be compaUble with adjacent and nearby properties, and will only serve to increase the value of these properties. f. Whether the property i$ physically and economically developable under the ex/sting zoning. The property is currently vacant and most probably could be developed; however, with annexaUon into the City, the Palm Beach County zoning must be changed to a dty zoning district. C-3 Community Commercial would most nearly correspond with Palm Beach County's Commercial General zoning district, and the property could be developed under C-3 Commercial zoning. g. Whether the proposed rezon/ng is ora scale which is reasonably related to the needs of the neighborhood and the city as a whole. The requested land use amendment and rezoning present the opportunity for redevelopment in a highly visible entrance corridor to the City and will also support the current trend toward greater residenUal uses in this area, economic revitalizaUon, and downtown redevelopment. h. Whether there are adequate sites elsewhere in the city for the proposed use, in districts where such use is already allowed. ResidenUal densities of 20 du/ac are permitted in the Federal Highway corridor to encourage infill development and redevelopment. There are a limited number of sites elsewhere in the city where residential development could occur at a density of 10.8 du/ac; however, those sites do not offer the opportunity for redevelopment and infill development that this location affords. Nor would development of those available sites serve to promote the goals of the Community Redevelopment Agency and the Federal Highway Corridor Community Redevelopment Plan. MASTER/SI'I~,,E PLAN ANALYSZS The !PUD regulations are intended to be used in situaUons where new development or redevelopment is proposed within an already developed area or neighborhood located in the "Federal I-I/ghway Corridor Community Redevelopment Plan"Study Areas ! and V. (The site for Bayfront is in Area V.) A mixture of uses, including residenUal, retail commercial and office, may be allowed to the extent that no land use conflicts will result and the basic intent of the Zoning Code and the Comprehensive Plan will be followed. It is a basic expectation that anyone requesting the use of the !PUD district will develop to standards that exceed the City's basic development standards in terms of site design, building architecture and construction materials, ameniUes and landscape design. To that end, all applicaUons for rezoning to an !PUD must be accompanied by a detailed master plan or site plan. !n this instance, an application for site plan approval has been submitted and is being reviewed concurrent with this request. Page 7 File Number: LUAR 04-O01-ANEX 04-001 Bayfront The site plan shows forty-eight (48) multi-family units in 5 structures, each containing three stories. Designs shown for the buildings are a derivative of Hediterranean architecture with stucco walls, S-tile roofs and decorative moldings, appliques columns and balconies; all representative of a relatively high quality architectural design and materials The maximum density allowed by the Special High Density Residential land use classification is 20 du/ac, the applicant proposes a density of 19.5 du/ac. The proposed units are a mix of single-story and two-story condominiums ranging between two (2) and three (3) bedrooms. Each of the five (5) buildings would contain a variety of unit types. According to the floor plans the smallest unit would be 1,260 square feet in area and the largest unit would be 1~640 square feet. Building setbacks are as follows: Front: 10 feet Side 5 feet Rear 10 feet A recreation area of approximately 0.11 acre will be located near the center of the development. The proposed recreation area would include a pool area, and a clubhouse of approximately 1,800 sq. ft. that includes a clubroom with kitchenette and bathrooms. CONCLUStONS! RECOMMENDAI'[ONS The request is consistent with the objectives of the City's annexation program, relevant policies in the Comprehensive Plan, and the adopted Federa./. H/_qhway Corr/dor Co/n/nun/O/ Redeve/op/nent P/an. The requested land use amendment and re. zoning will allow the development of a project that will be a benefit to the city, both fiscally and esthetically; support recognized commercial nodes and the downtown commercial core, and the proposed development meets the standards expected when a project is developed in the IPUD zoning district. Therefore, staff recommends that the subject request be approved. If the Community Redevelopment Agency Board or the City Commission recommends conditions, they will be included within Exhibit "B". AI-I'ACHMENTS S:\Plannlng~,SHARED\WP~PRO.1E~tflem Homes of Palm Beacfl\BAYFRONT~LUAR 04-001L.~rAFF REPORT NEW.doc BAYFRONT: LOCATION MAP EXHIBIT A LRC GC / GC i .,c ! !. LEGEND " · '"' City Boundary Future Land Uses: s LRC - Local Retail Commercial GC - General Commercial R - Recreational XII. - LEGAL ITEM A.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 [] April 7, 2004 March 15, 2004 (Noon.) [] June 1,2004 May 17, 2004 (Noon) [] April 20, 2004 April 5, 2004 (Noon) [] June 15, 2004 May 31, 2004 (Noon) May 4, 2004 April 19, 2004 (Noon) [] July 6, 2004 June 14, 2004 (Noon) ~ [] MaylS, 2004 May 3, 2004 (Noon) [] ~uly 20, 2004 ]uly 5, 2004 (Noon) ~ -~ml~_~O..< [] Administrative [] Legal ~ NATURE OF [] Announcement [] New Business __ AGENDA ITEM [] City Manager's Report [] Presentation :x: [] Consent Agenda [] Public Heating [] Code compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Please place this request on the June 1, 2004 City Commission Agenda under Legal, Ordinance - Second Reading. The City Commission approved this request under Public Hearing and Legal, Ordinance - First Reading on May 18, 2004. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 04-101. EXPLANATION: PROJECT: Oceanside (LUAR 04-003) AGENT: Carlos Ballbe, Keith & Ballbe, Inc. OWNER: Hector Garcia, Southern Homes of Palm Beach V, LLC LOCATION: West side of South Federal Highway, approximately 1,000 feet south of Old Dixie Highway DESCRIPTION: Request to amend the Coraprehensive Plan Future Land Use map from Local Retail Commercial to Special High Density Residential; and Proposed use for 45 multi-family residential units. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: ~j N/A Developm~f'I~art~nent ISirect~r City Manager's Signature 'Planning a~d Zor~gtbirector / ' 'Cie ~,tit~. g3~/Finance / Human Resources S:~Ianning~SHARED\WP\PROJECTS~outhem Homes of Palm Beach\OceansidekLUAR 04-003'~Agenita Item Request Oceanside LUAR Amend 2nd reading 04-003 6-1-04.dot S:\BULLETIN~ORMSL~GENDA ITEM REQUEST FORM.DOC 1 ORDINANCE NO. 04-~)37 2 3 AN ORDINANCE OF THE CITY OF BOYNTON 4 BEACH, FLORIDA, REGARDING PROPERTY 5 CONSISTING OF APPROXIMATELY 2.26 ACRES 6 AND LOCATED AT 3655 NORTH FEDERAL 7 HIGHWAY; AMENDING ORDINANCE 89-38 BY 8 AMENDING THE FUTURE LAND USE ELEMENT 9 OF THE COMPREHENSIVE PLAN OF THE CITY 10 FOR THE PROPERTY MORE PARTICULARLY 3_ 1 DESCRIBED HEREIN; THE LAND USE 12 DESIGNATION IS BEING CHANGED FROM LOCAL 13 RETAIL COMMERICAL TO SPECIAL HIGH 3- 4 DENSITY RESIDENTIAL; PROVIDING FOR 15 CONFLICTS, SEVERABILITY, AND AN EFFECTIVE 16 DATE. 3-7 18 WHEREAS, the City Commission of the City of Boynton Beach, Florida has 19 adopted a Comprehensive Future Land Use Plan and as part of said Plan a Future Land 20 Use Element by Ordinance No. 89-38 in accordance with the Local Government 21 Comprehensive Planning Act; and 2 2 WHEREAS, the procedure for amendment of a Future Land Use Element of a 23 Comprehensive Plan as set forth in Chapter 163, Florida Statutes, has been followed; 24 and 2 S WHEREAS, after public heating and study, the City Commission deems it in the 26 best interest of the inhabitants of said City to amend the aforesaid Element of the 27 Comprehensive Plan as adopted by the City herein. 2 8 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 29 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 30 Section 1: The foregoing WHEREAS clauses are true and correct and 33- ~ncorporated herein by this reference. S:\CA\Ordlnances\Plan~ing\Lamd Use\Oceans~de Land Use.doc 3. Section 2: Ordinance No. 89-38 of the City is hereby amended to reflect the 2 following: 3 That the Future Land Use of the following described land shall be designated as 4 Special High Density Residential (SHDR). Said land is more particularly described as 5 follows: 6 Lots 62 & 63 (Except that part of said lots conveyed to State of Florida by deed dated 7 December 30, 1957 and recorded December 31, 1957 in Official Records Book 140, Page 8 17), of "Trade Winds Estates", a subdivision in Palm Beach County, Florida, according to 9 the plat thereof as recorded in the office of the Clerk of the Circuit Court in and for Palm 10 beach County, Florida, in Plat Book 21, Page 45. 11 12 Containing approximately 2.26 acres of land. 13 14 Section 3: That any maps adopted in accordance with the Future Land Use Element 15 shall be amended accordingly. :1_ 6 Section 4: All ordinances or parts of ordinances in conflict herewith are hereby 17 repealed. 18 Section 5: Should any section or provision of this Ordinance or any portion thereof 19 be declared by a court of competent jurisdiction to be invalid, such decision shall not affect 2 0 the remainder of this Ordinance. 21 Section 6: This Ordinance shall take effect on adoption, subject to the review, 2 2 challenge, or appeal provisions provided by the Florida Local Government Comprehensive 2 3 Planning and Land Development Regulation Act. No party shall be vested of any right by 2 4 virtue of the adoption of this Ordinance until all statutory required review is complete and all 2 5 legal challenges, including appeals, are exhausted. In the event that the effective date is 2 6 established by state law or special act, the provisions of state act shall control. 2 7 FIRST READING this I~l day of .~?~_ ,2004. S:\CA\ordlnances\Planning\Land Use\Oceanslde Land Use.doc i SECOND, FINAL READING and PASSAGE this__ day of ,2004. 2 CITY OF BOYNTON BEACH, FLORIDA 3 4 S Mayor 6 7 8 Vice Mayor 9 10 11 Commissioner 12 13 14 Commissioner 15 16 17 Commissioner 18 ATTEST: 19 20 21 City Clerk 22 23 (Corporate Seal) 24 ~:\CA\Ordinances\Plannlng\Land Use\Oceanslde Land Use.doc DEVELOPMENT DEPARTMENT PLANNt'NG & ZON]'NG DI'VZSZON MEMORANDUM NO. PZ 04-101 TO: Chairman and Members Community Redevelopment Agency Board Mayor an~ommission FROM: Dick Hud~UAICP Senior Pl~[hner THROUGH: Michael W, Rumpf Director of Planning and Zoning DATE: May 5, 2004 PRO]ECl' NAME/NUMBER: Oceanside/LUAR 04-003 REQUEST: To amend the Future Land Use designation from Local Retail Commercial to Special High Density Residential and Rezone from C-3 Community Commercial to IPUD Infill Planned Unit Development ,PRQ3ECT DESCRZPTZON Property Owner: Southern Homes of Palm Beach, V LLC Applicant/Agent: Hector Garcia/Carlos BallbA of Keith and Ballb~, 1:nc. Location: West side of South Federal Highway, approximately 1,000 feet south of Old Dixie Highway. (Exhibit"A'~ Parcel Size: _+2.26 acres Existing Land Use: Local Retail Commercial Existing Zoning: C-3 Community Commercial Proposed Land Use: Special High Density Residential (20 du/ac) Proposed Zoning: :[PUD Infill Planned Unit Development Proposed Use: 45~unit Multi-family Development Adjacent Uses: North: Developed commercial property (self-storage facility) designated Local Retail Commercial and zoned C-3 Community Commerdal Page 2 File Number: LUAR 04-003 Oceanside South: Vacant property located in unincorporated Palm Beach County, designated CH/5(Commercial High intensity with an underlying residential density of 5 du/ac) and zoned CG (Commercial General) East: Right-of-way of Federal Highway then property located in unincorporated Palm Beach County designated CH/5(Commercial High ]:ntensity with an underlying residential density of 5 du/ac) and zoned CG (Commercial General). West: Developed residential property located in unincorporated Palm Beach County, designated Medium Residential 5 and zoned RM Multi-family Residential EXECUI'~VE SUMMARY Staff recommends approval of the requested land use amendment and rezoning for the following reasons: 1. The request is consistent with the intent of the Comprehensive Plan; 2. it will not create additional impacts on infrastructure that have not been anticipated in the Comprehensive Plan and will be compatible with adjacent land uses; 3. It will represent redevelopment and enhancement of the Federal Highway Corridor; and 4. Will contribute to the overall economic development of the City and will increase the range of housing opportunities for residents of Boynton Beach. BACKGROUND When the Comprehensive Plan was adopted in 1989, it was envisioned that the properties along the Federal Highway Corridor south of the intersection of Old Dixie Highway would eventually be annexed into the City and form a retail-oriented corridor, consistent with the land use designations and zoning categories assigned by both the City and Palm Beach County and in effect at that time. For example, the "Problems and Opportunities" section of the support documents suggested that an appropriate use in this area would be new car dealerships. Over the past several years, the City has seen a shift from the perpetuation of small commercial uses along the corridor to residential uses, particularly those with densities greater than 10.8 units per acre. Higher density development was facilitated by the City's Comprehensive Plan through the establishment of the Special High Density Residential classification, intended to support redevelopment in the coastal area. This type of development furthered the pattern that existed in the corridor, south of Woolbright Road, before the adoption of the current Comprehensive Plan. At the time of its adoption, there were already 4 developments that exceeded 10.8 du/ac with densities ranging from 21 du/ac (Colonial Club) to 32.2 du/ac (Seagate). The shil~ has served to replace marginal and sub-standard commercial uses with residential projects that have enhanced the esthetics of the corridor, as well as the City's tax Page 3 File Number: LUAR 04-003 Oceanside base. The remaining viable neighborhood-serving commercial uses are being concentrated into nodes located at major intersections along Federal Highway--Woolbdght Road, Gulfstream Boulevard, and Old Dixie Highway. The request for a land use amendment and rezoning for the subject property continues this trend. PRO3ECT ANALySZS The parcels, which are the subject of this land use amendment, total 2.26 acres. Because of the size of the property under consideraUon, the Florida Department of Community Affairs classifies this amendment as a "small scale" amendment. A "small-scale" amendment is adopted pdor to forwarding to the Florida Department of Community Affairs and is not reviewed for compliance with the state, regional and local comprehensive plans prior to adoption. Even though the requested density for the site is greater than 10 du/ac, the parcel is less than 10 acres in size, is located within the expanded Community Redevelopment Area, and would be considered an urban redevelopment project. The criteria used to review Comprehensive Plan amendments and rezonings are listed in the Land Development RegulaUons, Chapter 2, Section 9, Administration and Enforcement, Item C. Comprehensive Plan Amendments: Rezon/ngs. These criteda are required to be par~ of a staff analysis when the proposed change includes an amendment to the Comprehensive Plan Future Land Use Map. a. Whether the proposed rezon/ng would be cons/stent w/th applicable comprehensive p/an policies/ndud/ng but not limited to, a prohibition against any increase in dwelling unit density exceeding 50 in the hurricane evacuation zone without written approval of the Palm Beach County Emergency Planning D/vls/on and the City's risk manager. The planning department sba# a/so recommend limitations or requirements, which would have to be imposed on subsequent development of the property, in order to comply w/th polides contained in the comprehensive plan. Over the past several years, the City has seen a shift from the perpetuaUon of small commercial uses along the corridor to residenUal uses, particularly those with densities greater than 10.8 units per acre. Higher density development was facilitated by the City's Comprehensive Plan through the establishment of the Special High Density ResidenUal classification, intended to support redevelopment in the coastal area. Land use amendments and rezonings, which change designations from commercial use to residenUal use are particularly consistent with two polities in the Comprehensive Plan: "PoI/cy 1.17.1 The City shall continue to discourage additional commercial and industrial uses beyond those which are currently shown on the Future Land Use Nap, except where access is greatest and impacts on res/dent/a/land uses are least';' and "Po/icy 1.1g.? The O'ty shall conb'nue to change the land use and zoning to permit only residential or other non-commerdal uses in areas where the demand for commerdal uses w/Ii not increase, parb'culady in the Coastal Area." Page zt File Number: LUAR 04-003 Oceanside The subject property is located in Planning Area V (Entrances to the City) in the Federal N(qhway Corridor Community Redevelopment Plan, which was adopted by the City on May 16, 2001. The plan's recommendations for this planning area include the following: "Encourage a variety of housing. Develop intensity standards that allow for a variety of housing styles and types at intensities that will assist in supporting the downtown area and general economic expansion." (p. 80); and "Require a transiUon to the adjacent gateway neighborhoods. Create development standards in the city entrance communiUes that establish a logical transition to the gateway communities. Building scale, massing and placement should be less intense than that of the adjacent planning areas, but substantial enough to announce an ardval in the City." (p. 8I) ~[n concert with the recommendations cited, the residential density of the proposed development will help to support the downtown commercial core, as well as the recognized commercial nodes in the corridor. Tn addiUon, it is proposed at a scale and massing that will provide a transiUon into the downtown area, where development standards allow greater densities and more intense massing of buildings. b. Whether the proposed rezon/ng would be contrary to the established/and use pattern, or would create an isolated d/strict unrelated to adjacent and nearby d/stn'c~s, or would constitute a grant of special privilege to an individual property owner as contrasted w/th the protecb'on of the public welfare. Parcels lying on west and southwest of the subject property are in unincorporated Palm Beach County and are designated for single-family residential with a density of 5 du/ac. In addition, property within the City having C-3 Community Commercial zoning may develop as multi-family residential at a density of 10.8 du/ac and in the County, property with CH/5 land use has the altemaUve of developing at 5 du/ac. The changing development pattern in the Federal Highway corridor has seen an increase in the number of residenUal developments with densities greater than 10.8 du/ac. This type of development furthers the pattem that existed in the corridor, south of Woolbright Road, before the adopUon of the current Comprehensive Plan. At the Ume of its adoption, there were already 4 developments that exceeded 10.8 du/ac with densiUes ranging from 21 du/ac (Colonial Club) to 32.2 du/ac (Seagate). The shift in the development pattern has served to replace marginal and sub-standard commerdal uses with residential projects that have been an enhancement to the estheUcs of the corridor, as well as the City's tax base, supporting existing commercial nodes and the downtown core. The requested map amendment and rezoning would serve to increase the range of housing opportunities available in the redevelopment area. At the same time, they will increase allowed residenUal density adjacent to existing single family homes. c. Whether changed or changing cond/[z'ons make the proposed rezon/ng des/table. Page 5 File Number: LUAP, 04-003 Oceanside The request for conversion of parcels designated for commercial uses to multi-family residential for condominium and townhouse development has become more prevalent in the Federal Highway corridor in the last four years. While not the case in this instance, often the conversion serves to remove marginal, and sometimes undesirable, commercial uses. Additionally, adoption of the IPUD regulations in .lune 2002, provided an attractive incentive for redevelopment and infill projects on smaller parcels in the Federal Highway corridor. These two changes in conditions serve to make the proposed rezoning desirable. d. Whether the proposed use would be compatible with utility systems, roadways, and other public facilities. The applicant has provided a traffic analysis that indicates that if the property were developed to its fully-allowed potential as a commercial use, it would generate 3,073 average daily trips compared to 42:[ average dally trips generated by the proposed multi-family development, or 2,652 fewer trips per day. According to link analysis, preformed by Kimley-Horn and Associates during the TCEA applicaUon process, the Federal Highway roadway from 23~ Avenue to George Bush Boulevard has a daily capacity of 29,300 trips at LOS "D'; with Average Annual Daily Trips (AAD'F) for the year 2003 at 22,772. Based on the City's adopted Levels of Service (LOS) for potable water (200 gallons per capita per day [GPCD]) and sewer service (90 GPCD) the projects demands are expected to be :[9,350 gallons for water and 8,708 GPCD sewer service. The City's uUIity plants currently have unreserved capacity to serve the projected demands of the proposed project. With respect to solid waste, the Palm Beach County Solid Waste Authority has stated that adequate capacity exists to accommodate the county's municipalities throughout the 10-year planning period. The School District of Palm Beach County has reviewed the application and has issued a statement that the project complies with the adopted Level of Service (LOS) for school concurrency. The determination is valid for one year from March 24, 2004, the date of issuance. Lastly, drainage will also be reviewed in detail as part of the site plan approval process, and must saUsfy all requirements of the city and local drainage permitting authodUes. e. Whether the proposed rezon/ng would be compatible with the current and future use o£ adjacent and nearby properb'es, or would affect the property values of adjacent or nearby propeR'es. The proposed rezoning will be compatible with adjacent and nearby properties, and will only serve to increase the value of these properties. f. Whether the property is ph)~sically and economically developable under the ex/sting zoning. The property is currently developed as a sales office for the rezoning applicant, Southern Homes, and is developable under current commercial zoning. Page 6 File Number: LUAR 04-003 Oceanside g. Whether the proposed rezoning is ora scale which is reasonably related to the needs of the neighborhood and the city as a whole. The requested land use amendment and rezoning present the opportunity for redevelopment in a highly visible entrance corridor to the Qty and will also support the current trend toward greater residential uses in this area, economic revitalizaUon, and downtown redevelopment. h. Whether there are adequate sites e/sewhere in the city for the proposed use, in districts where such use is a/ready a//owed. Residential densiUes of 20 du/ac are permitted in the Federal Highway corridor to encourage infill development and redevelopment. There are a limited number of sites elsewhere in the city where residential development could occur at a density of 10.8 du/ac; however, those sites do not offer the opportunity for redevelopment and infill development that this IocaUon affords. Nor would development of those available sites serve to promote the goals of the Community Redevelopment Agency and the Federal Highway Corddor Community Redevelopment Plan. 14ASTER/S11'E PLAN ANALYSZS The 1PUD regulations are intended for use in situations where new development or redevelopment is proposed within an already developed area or neighborhood located in the "Federal Highway Corridor Community Redevelopment Plan"Study Areas ! and V. (The site for Bayfront is in Area V.) A mixture of uses, including residential, retail commercial and office, may be allowed to the extent that no land use conflicts will result and the basic intent of the Zoning Code and the Comprehensive Plan will be followed. It is a basic expectation that anyone requesting the use of the 1PUD district will develop to standards that exceed the City's basic development standards in terms of site design, building architecture and construcUon materials, ameniUes and landscape design. To that end, all applications for rezoning to an :IPUD :Infill Planned Unit Development must be accompanied by a detailed master plan or site plan. In this instance, an applicaUon for site plan approval has been submitted and is being reviewed concurrent with this request. The site plan shows forty-five (45) multi-family units in 5 structures, each containing three stories. Designs shown for the buildings are a derivative of Mediterranean architecture with stucco walls, S-tile roofs and decorative moldings, appliques columns and balconies; all represent a relatively high quality of architectural design and materials The maximum density allowed by the Special High Density Residential land use classificaUon is 20 du/ac, the applicant proposes a density of 19.9 du/ac. The proposed units are a mix of single-story and two-story condominiums ranging between two (2) and three (3) bedrooms. Each of the five (5) buildings would contain a variety of unit types. According to the floor plans the smallest unit would be 1,260 square feet in area and the largest unit would be 1,640 square feet. Page 7 File Number: LUAR 04-003 Oceanside Building setbacks are as follows: Front: 10 feet Side 5 feet Rear 10 feet A recreation area of approximately 0.08 acre will be located along the north boundary of the development. The proposed recreation area would include a pool area, and a clubhouse of approximately :[,800 sq. ft. with clubroom, kitchenette and bathrooms. CONCLUS]:ONS/RECOMMENDATJ:ONS As indicated herein, this request is consistent with the intent of the Comprehensive Plan; will not create additional impacts on infrastructure that have not been anticipated in the Comprehensive Plan and will be compatible with adjacent land uses. It will represent redevelopment and enhancement of the Federal Highway Corridor, will contribute to the overall economic development of the City and will increase the range of housing opportunities for residents of Boynton Beach. Therefore, staff recommends that the subject request be approved. If the Planning and Development Board or the City Commission recommends conditions, they will be included within Exhibit "B". A'I-TACH M ENTS S:\PIanning~SHARED\WP\PRO]EC-~Southern Homes of Palm Beach\Oa~anside\LUAR 0er003\S'q'AFF REPORT NEW.doc OCEANSIDE: LOCATION MAP EXHIBIT A NIC LEGEND N '-- ~ ,;.~ W~ E '"" City Boundary Future Land Uses: s LRC - Local Retail Commercial XII. - LEGAL ITEM A.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 CiW Clerk's Office Meeting Dates in to City Clerk's Office [] April 7, 2004 March 15, 2004 (Noon.) [] June 1,2004 May 17, 2004 (Noon) [] April 20, 2004 April 5, 2004 (Noon) [] June 15, 2004 May 31, 2004 (Noon) [] May4,2004 April l9, 2004 (Noon) [] July6,2004 June14' 2004 (N°°n) '*'c~ --~l"< [] May 18, 2004 May 3, 2004 (Noon) [] July 20, 2004 July 5, 2004 (Noon) --< [] Administrative [] Legal ~' c~'-~ 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 June 1, 2004 City Commission Agenda under Legal, Ordinance - Second Reading. The City Commission approved this request under Public Hearing and Legal, Ordinance - Fkst Reading on May 18, 2004. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 04-101. EXPLANATION: PROJECT: Oceanside (LUAR 04-003) AGENT: Carlos Ballbe, Keith & Ballbe, Inc. OWNER: Hector Garcia, Southern Homes of Palm Beach V, LLC LOCATION: West side of South Federal Highway, approximately 1,000 feet south of Old Dixie Highway DESCRIPTION: Request to rezone from C-2 Community Commercial to Infill Planned Unit Development (IPUD). Proposed use for 45 multi-family residential units. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A Developr~et~art~ ni - City Manager's Signature Plannin~ and ector /- ~2]ty Attor~ / Finance / Human Resources S:L~IanningXSHARED\WP~PROJECTSXSouthem Homes of Palm Beach\Oceanside~LUAR 04-003kAgenda Item Request Oceanside LUAR Rezone 2nd reading 04-003 6-1-04.dot S:~BULLETIN~ORMSLa. GENDA ITEM REQUEST FORM.DOC i ORDINANCE NO. 04- O 3 ~ 2 AN ORDINANCE OF THE CITY OF 3 BOYNTON BEACH, FLORIDA, 4 REGARDING THE APPLICATION OF 5 SOUTHERN HOMES OF PALM BEACH IV, 6 LLC, AMENDING ORDINANCE 02-013 OF '7 SAID CITY BY REZONING A PARCEL OF 8 LAND MORE PARTICULARLY 9 DESCRIBED HEREIN, FROM CG- 10 COMMUNITY COMMERCIAL TO INFII J. 11 PLANNED UNIT DEVELOPMENT (ff'UD); 12 PROVIDING FOR CONFLICTS, 13 SEVERABILITY AND AN EFFECTIVE 14 DATE. 15 16 WHEREAS, the City Commission of the City of Boynton Beach, Florida has 17 adopted Ordinance No. 02-013, in which a Revised Zoning Map was adopted for said 18 City; and 19 WHEREAS, Southern Homes of Palm Beach IV, I].C, owner of the property 20 more particularly described hereinafter, has heretofore filed a Petition, through its 21 agent, Carols J. Ballbe/Keith & Ballbe, Incorporated, pursuant to Section 9 of 22 Appendix A-Zoning, of the Code of Ordinances, City of Boynton Beach, Florida, for 23 the purpose of reZoning a tract of land consisting of approximately 2.26 acres, said 24 land being more particularly described hereinafter, from C-3 (Community 25 Commercial to Infill Planned Unit Development (IPUD); and 26 WHEREAS, the City Commission conducted a public hearing and heard 27 testimony and received evidence which the Commission finds supports a rezoning for 2 8 the property hereinafter described; and 29 WHEREAS, the City Commission finds that the proposed rezoning is S:\CA\Ordinances~PlanningkRezoningkRezoning - Oceanside.doc 1 consistent with an amendment to the Land Use which was contemporaneously 2 considered and approved at the public heating heretofore referenced; and 3 WHEREAS, the City Commission deems it in the best interests of the ,1 inhabitants of said City to amend the aforesaid Revised Zoning Map as hereinafter 5 set forth. 6 NOW, THEREFORE, BE IT ORDAINED BY THE CITY 7 COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 8 Section 1. The foregoing Whereas clauses are true and correct and 9 incorporated herein by this reference. ~1 0 Section 2. The following described land, located in the City of Boynton Beach, 11 Florida as set forth as follows: 12 13 Lots 62 & 63 (Except that part of said lots conveyed to State of Florida by deed dated :1.4 December 30, 1957 and recorded December 31, 1957 in Official Records Book 140, Page 15 17), of "Trade Winds Estates", a subdivision in Palm Beach County, Florida, according to 16 the plat thereof as recorded in the office of the Clerk of the Circuit Court in and for Palm 17 beach County, Florida, in Plat Book 21, Page 45. 18 19 Containing approximately 2.26 acres of land. 20 21 ~e and the same is hereby rezoned from C-3 Community Commercial to Infill Planned 2 2 Jnit Development (IPUD). A location map is attached hereto as Exhibit "A" and made a 2 3 ,art of this Ordinance by reference. 24 Section 3: That the aforesaid Revised Zoning Map of the City shall be amended 2 5 ccordingly. 26 Section 4: All ordinances or parts of ordinances in conflict herewith are 2 ? hereby repealed. 28 Section 6: Should any section or provision of this Ordinance or any portion S:\CA\OrdinancesLPlanningLRezoningkRezoning - Oceanside.doc i thereof be declared by a court of competent jurisdiction to be invalid, such decision shall 2 not affect the remainder of this Ordinance. 3 Section 7. This ordinance shall become effective immediately upon passage. 4 mST READING this 18 day of ~.tl~,_ ,2004. 5 SECOND, FINAL READING and PASSAGE this __ day of ,2004. 6 CITY OF BOYNTON BEACH, FLORIDA 7 8 9 Mayor 10 11 12 Vice Mayor 13 14 15 Commissioner 16 17 18 Commissioner 19 2O 21 Commissioner 22 ATTEST: 23 24 25 City Clerk 26 27 (Corporate Seal) S:\CA\OrdinancesLr~lanningkRezoningkRezoning - Oceanside. doc OCEANSIDFu 'LOCATION MAI) EXNII~ A .J WG LEGEND '"" Glty Boandar~ M Future Land Uses-' LRC. Local Retail CommerCial DEVELOPMENT DEPARTMENT PLANNZNG & ZON]'NG DZVZS]'ON MEMORANDUM NO. PZ 04-101 TO: Chairman and Members Community Redevelopment Agency Board Mayor an~ommission FROM' Dick Hud~I~/AICP Senior Pl~flner THROUGH: Michael W. Rumpft~ k?'-'j Director of Planning and Zoning DATE: May 5, 2004 PROJECT NAME/NUMBER: Oceanside/LUAR 04-003 REQUEST: To amend the Future Land Use designation from Local Retail Commercial to Special High Density Residential and Rezone from Co3 Community Commercial to ]:PUD ]:nfl, Planned Unit Development PRO.1ECT DESCI~PT~ON Property Owner: Southern Homes of Palm Beach, V LLC Applicant/Agent: Hector Garcia/Cados Ballb~ of Keith and Ballb~, ]:nc. Location: West side of South Federal Highway, approximately 1,000 feet south of Old Dixie Highway. (Exhibit "A'3 Parcel Size: +2.26 acres Existing Land Use: Local Retail Commercial Existing Zoning: C-3 Community Commercial Proposed Land Use: Special High Density ResidenUal (20 du/ac) Proposed Zoning: ]:PUD ]:nfill Planned Unit Development Proposed Use: 45-unit Hulti-family Development Adjacent Uses: North: Developed commercial property (self-storage facility) designated Local Retail Commercial and zoned C-3 Community Commercial Page 2 File Number: LUAR 04-003 Oceanside South: Vacant property located in unincorporated Palm Beach County, designated CH/5(Commercial High Intensity with an underlying residenUal density of 5 du/ac) and zoned CG (Commercial General) East: Right-of-way of Federal Highway then property located in unincorporated Palm Beach County designated CH/5(Commercial High ]:ntensity with an underlying residential density of 5 du/ac) and zoned CG (commerdal General). West: Developed residential property located in unincorporated Palm Beach County, designated Medium Residential 5 and zoned RM Multi-family ResidenUal EXE(~UT~/E SUPlMARY, Staff recommends approval of the requested land use amendment and rezoning l:or the following reasons: 1. The request is consistent with the intent of the Comprehensive Plan; 2. It will not create additional impacts on infrastructure that have not been anticipated in the Comprehensive Plan and will be compatible with adjacent land uses; 3. It will represent redevelopment and enhancement of the Federal Highway Corridor; and 4. Will contribute to the overall economic development of the City and will increase the range of housing opportunities for residents of Boynton Beach. BACKGROUND When the Comprehensive Plan was adopted in 1989, it was envisioned that the properties along the Federal Highway Corridor south of 'the intersection of Old Dixie Highway would eventually be annexed into the City and form a retail-oriented corridor, consistent with the land use designaUons and zoning categories assigned by both the City and Palm Beach County and in effect at that time. For example, the "Problems and OpportuniUes" section of the support documents suggested that an appropriate use in this area would be new car dealerships. Over the past several years, the City has seen a shift from the perpetuation of small commercial uses along the corridor to residential uses, particularly those with densities greater than 10.8 units per acre. Higher density development was fadlitated by the City's Comprehensive Plan through the establishment of the Special High Density ResidenUal classification, intended to support redevelopment in the coastal area. This type of development furthered the pattern that existed in the corridor, south of Woolbright Road, before the adopUon of the current Comprehensive Plan. At the time of its adoption, there were already 4 developments that exceeded 10.8 du/ac with densiUes ranging from 21 du/ac (Colonial Club) to 32.2 du/ac (Seagate). The shift has served to replace marginal and sub-standard commercial uses with residenUal projects that have enhanced the esthetics of the corridor, as well as the City's tax Page 3 File Number: LUAR 04-003 Oceans/de base. The remaining viable neighborhood-serving commercial uses are being concentrated into nodes located at major intersections along Federal Highway--Woolbright Road, Gulfstream Boulevard, and Old Dixie Highway. The request for a land use amendment and rezoning for the subject property continues this trend. PRO1 ECT ANALYSZS The parcels, which are the subject of this land use amendment, total 2.26 acres. Because of the size of the property under consideration, the Florida Department of Community Affairs classifies this amendment as a "small scale" amendment. A "small-scale" amendment is adopted prior to forwarding to the Florida Department of Community Affairs and is not reviewed for compliance with the state, regional and local comprehensive plans prior to adoption. Even though the requested density for the site is greater than 10 du/ac, the parcel is less than 10 acres in size, is located within the expanded Community Redevelopment Area, and would be considered an urban redevelopment project. The criteria used to review Comprehensive Plan amendments and rezonings are listed in the Land Development Regulations, Chapter 2, Section 9, Administration and En£orcement, Item C. Comprehensive P/an Amendments: £ezon/ngs. These criteria are required to be part of a staff analysis when the proposed change includes an amendment to the Comprehensive Plan Future Land Use Map. a. Whether the proposed rezoning would be cons/stent w/th applicable comprehensive p/an po#c/es including but not//'m/ted to, a proh/b/t/'on against any increase in dwe#/ng unit density exceeding $0 in the hur/¢cane evacua~7'on zone without written approval of the Palm Beach County Emergency Planning D/v/s/on and the City's manager. The planning department shall also recommend limitations or requirements, which would have to be imposed on subsequent development of the property, in order to comply w/th policies contained in the comprehensive p/an. Over the past several years, the City has seen a shift from the perpetuaUon of small commercial uses along the corridor to residenUal uses, particularly those with densiUes greater than ZO.8 units per acre. Higher density development was facilitated by the City's Comprehensive Plan through the establishment of the Special High Density FtesidenUal classificaUon, intended to support redevelopment in the coastal area. Land use amendments and rezonings, which change designaUons from commerdal use to residenUal use are particularly consistent with two policies in the Comprehensive Plan: "Po/icy ].17.J The City shall conb'nue to discourage additional commercial and/ndust/Cal uses beyond those which are currently shown on the Future Land Use Nap, except where access is greatest and impacts on residential land uses are least';' and "Policy ~I.]9.? The City shall cont/'nue to change the land use and zoning to perrn/t only residential or other non-commercial uses in areas where the demand for commerdal uses will not increase, particularly in the Coastal Area." Page 4 File Number: LUAR 04-003 Oceanside The subject property is located in Planning Area V (Entrances to the City) in the Federal /-#_qhway Corridor Community Redevelopment P/an, which was adopted by the City on May 16, 2001. The plan's recommendations for this planning area include the following: "Encourage a varlet-/of housing, Develop intensity standards that allow for a variety of housing styles and types at intensities that will assist in supporting the downtown area and general economic expansion." (p. 80); and "Require a transition to the adjacent gateway neighborhoods. Create development standards in the city entrance communities that establish a logical transition to the gateway communities. Building scale, massing and placement should be less intense than that of the adjacent planning areas, but substantial enough to announce an arrival in the City." (p. 81) ~[n concert with the recommendations cited, the residential density of the proposed development will help to support the downtown commercial core, as well as the recognized commercial nodes in the corridor. ~[n addition, it is proposed at a scale and massing that will provide a transition into the downtown area, where development standards allow greater densities and more intense massing of buildings. b. Whether the proposed rezon/ng would be contrary to the established/and use pattern, or would create an isolated distn'ct unrelated to adjacent and nearby districts, or would constitute a grant of spec/al ptfvi/ege ¢o an individual property owner as contrasted with the protecb'on of the pub#c we/fare. Parcels lying on west and southwest of the subject property are in unincorporated Palm Beach County and are designated for single-family residenUal with a density of 5 du/ac. :In addition, property within the City having C-3 Community Commerdal zoning may develop as mulU-family residential at a density of :10.8 du/ac and in the County, property with CH/5 land use has the alternative of developing at 5 du/ac. The changing development pattern in the Federal Highway corddor has seen an increase in the number of residential developments with densiUes greater than :10.8 du/ac. This type of development furthers the pattern that existed in the corridor, south of Woolbdght Road, before the adopUon of the current Comprehensive Plan. At the Ume of its adoption, there were already 4 developments that exceeded :10.8 du/ac with densities ranging from 21 du/ac (Colonial Club) to 32.2 du/ac (Seagate). The shift in the development pattern has served to replace marginal and sub-standard commercial uses with residenUal projects that have been an enhancement to the estheUcs of the corridor, as well as the City's tax base, supporting existing commercial nodes and the downtown core. The requested map amendment and rezoning would serve to increase the range of housing opportunities available in the redevelopment area. At the same time, they will increase allowed residential density adjacent to exisUng single family homes. c. Whether changed or changfng conditions make the proposed rezoning desirable. Page 5 File Number: LUAR 04-003 Oceanside The request for conversion of parcels designated for commercial uses to multi-family residential for condominium and townhouse development has become more prevalent in the Federal Highway corridor in the last four years, While not the case in this instance, often the conversion serves to remove marginal, and sometimes undesirable, commercial uses, Additionally, adoption of the IPUD regulations in 3une 2002, provided an attractive incentive for redevelopment and infill projects on smaller parcels in the Federal Highway corridor. These two changes in conditions serve to make the proposed rezoning desirable. d. Whether the proposed use would be compatible with utility systems, roadways, and other pub/lc fad/it/es. The applicant has provided a traffic analysis that indicates that if the property were developed to its fully-allowed potential as a commercial use, it would generate 3,073 average daily trips compared to 42! average daily trips generated by the proposed multi-family development, or 2,652 fewer trips per day. According to link analysis, preformed by Kimley-Horn and Associates during the TCEA applicaUon process, the Federal Highway roadway from 23~ Avenue to George Bush Boulevard has a daily capacity of 29,300 trips at LOS "D'; with Average Annual Daily Trips (AAD'I-) for the year 2003 at 22,772. Based on the City's adopted Levels of Service (LOS) for potable water (200 gallons per capita per day [GPCD]) and sewer service (90 GPCD) the projects demands are expected to be 19,350 gallons for water and 8,708 GPCD sewer service. The City's utility plants currently have unreserved capacity to serve the projected demands of the proposed project. With respect to solid waste, the Palm Beach County Solid Waste Authority has stated that adequate capacity exists to accommodate the county's municipalities throughout the 10-year planning period. The School District of Palm Beach County has reviewed the application and has issued a statement that the project complies with the adopted Level of Service (LOS) for school concurrency. The determinaUon is valid for one year from March 2~,, 2004, the date of issuance. Lastly, drainage will also be reviewed in detail as part of the site plan approval process, and must saUsfy all requirements of the db/and local drainage permitting authodUes. e. Whether the proposed rezoning would be compab'ble with the current and future use of adjacent and nearby proper#es, or would affect the property values of adjacent or nearby proper#es. The proposed rezoning will be compatible with adjacent and nearby properties, and will only serve to increase the value of these properties. f. Whether the property is physica#y and econornica#y deve/opob/e under the exis~7'ng zoning. The property is currently developed as a sales office for the rezoning applicant, Southern Homes, and is developable under current commercial zoning. Page 6 File Number: LUAR 04-003 Oceanside g. Whether the proposed rezoning is ora scale which is reasonably related to the needs of the neighborhood and the city as a whole. The requested land use amendment and rezoning present the opportunity for redevelopment in a highly visible entrance corridor to the City and will also support the current trend toward greater residential uses in this area, economic revitalization, and downtown redevelopment. h. Whether there are adequate sites elsewhere in the city for the proposed use, in districts where such use is already allowed. Residential densities of 20 du/ac are permitted in the Federal Highway corddor to encourage infill development and redevelopment. There are a limited number of sites elsewhere in the city where residential development could occur at a density of 10.8 du/ac; however, those sites do not offer the opportunity for redevelopment and infill development that this IocaUon affords. Nor would development of those available sites serve to promote the goals of the Community Redevelopment Agency and the Federal Highway Corridor Community Redevelopment Plan. f4ASTER/SZTE P[.~AN ,A. NALYSZS The 1PUD regulations are intended for use in situations where new development or redevelopment is proposed within an already developed area or neighborhood located in the "Federal Highway Corridor Community Redevelopment Plan"Study Areas ! and V. (The site for Bayfront is in Area V.) A mixture of uses, including residential, retail commercial and office, may be allowed to the extent that no land use conflicts will result and the basic intent of the Zoning Code and the Comprehensive Plan will be followed. :It is a basic expectaUon that anyone requesting the use of the ];PUD district will develop to standards that exceed the City's basic development standards in terms of site design, building architecture and construction materials, amenities and landscape design. To that end, all applicaUons for rezoning to an !PUD ];nfill Planned Unit Development must be accompanied by a detailed master plan or site plan. !n this instance, an application for site plan approval has been submitted and is being reviewed concurrent with this request. The site plan shows forty-five (45) multi-family units in 5 structures, each containing three stories. Designs shown for the buildings are a derivative of Mediterranean architecture with stucco walls, S-Ule roofs and decorative moldings, appliques columns and balconies; all represent a relatively high quality of architectural design and materials The maximum density allowed by the Special High Density ResidenUal land use classificaUon is 20 du/ac, the applicant proposes a density of 19.9 du/ac. The proposed units are a mix of single-story and two-story condominiums ranging between two (2) and three (3) bedrooms. Each of the five (5) buildings would contain a variety of unit types. According to the floor plans the smallest unit would be 1,260 square feet in area and the largest unit would be 1,640 square feet. Page 7 File Number: LUAR 04-003 Oceanside Building setbacks are as follows: Front: 10 feet Side 5 feet Rear 10 feet A recreaUon area of approximately 0.08 acre will be located along the north boundary of the development. The proposed recreaUon area would include a pool area, and a clubhouse of approximately 1,800 sq. ft. with clubroom, kitchenette and bathrooms. CONCLUSi:ONS/RECOI~IMENDATZON$ As indicated herein, this request is consistent with the intent of the Comprehensive Plan; will not create additional impacts on infrastructure that have not been anticipated in the Comprehensive Plan and will be compatible with adjacent land uses. It will represent redevelopment and enhancement of the Federal Highway Corridor, will contribute to the overall economic development of the City and will increase the range of housing opportunities for residents of Boynton Beach. Therefore, staff recommends that the subject request be approved. If the Planning and Development Board or the City Commission recommends conditions, they will be included within Exhibit "B'. A'I-I'ACHMENTS S:\Plannlng~SHARED\WI~PRO3ECTS~Southern Homes of Palm Beach\Oc~eanslde\LUAR 04-003~STAFF REPORT NEW.doc OCEANSIDE: LOCATION MAP EXHIBIT A N NIC !/,/ LEGEND · ',,, City Boundary Future Land Uses: LRC - Local Retail XlI. - LEGAL CITY OF BOYNTON BEA ITEM B.1 AGENDA ITEM REQUEST Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final F~rm Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Cleric's Office [] April 6, 2004 March 15, 2004 (Noon.) [] June 1, 2004 May 17, 2004 (Noon) .az- [] April 20, 2004 April 5, 2004 (Noon) [] June 15, 2004 May 31,2004 (Noon) PO [] May4,2004 April l9, 2004 (Noon) [] July6,2004 Junel4,2004(N°°n)' --O [] MaylS, 2004 May 3, 2004 (Noon) [] July20,2004 July 5, 2004 (Noon) ~ [] Administrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Heating [] Code compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: To amend the City's Land Development Regulations (LDR), Chapter 7 - Surety. EXPLANATION: The City Commission has previously adopted the LDR via Ordinance No. 095-02 on April 4, 1995, and revised numerous requirements of the LDR as they then existed, specific technical changes being via Ordinance No. 02-033 (dated August 20, 2002) and Ordinance No. 03-018 (dated June 3, 2003), which require certain approvals, determinations and directives associated with said technical services as issued by the city engineer. After further study of the LDR, the Public Works/Engineering Division needs to incorporate the acceptance of development surety bonding and periodic reduction(s) of same as an administrative function, while maintaining the final release of said surety a fimction of the City Commission. This- will expedite said bonding requirements, while reducing the periodic paperwork brought forth to the City Commission for routine periodic bonding reduction. PROGRAM IMPACT: All bonding final release request(s), will continue to be presented to the City Commission for action and/or ratification. FISCAL IMPACT: TBD ALTERNATIVES: The existing Chapter 7 of the LDR will continue to be deficient in those bonding reduction procedures that are periodically routine. Public Works / Engineering Division ~~ ~ ~AZ~/~I/~ Department Name {- City Attorney/~ifiance / Human Resources S:~BULLETINV, FORMS'xAGENDA ITEM REQUEST FORM.DOC I ORDINANCE NO. O4- 2 3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, 4 FLORIDA AMENDING LAND DEVELOPMENT 5 REGULATIONS, CHAPTER 7. SURETY; ARTICLE I. IN 6 GENERAL. PROVIDING FOR CLARIFICATION OF 7 PROCEDURE FOR HANDLING OF SURETY; PROVIDING 8 FOR CONFLICTS, SEVERABILITY, CODIFICATION AND 9 AN EFFECTIVE DATE. 10 11 WHEREAS, in an effort to streamline the procedure for acceptance and releasing of 12 and to better accommodate the public, staff has reviewed and made recommendations 13 amend Chapter 7. Surety to reflect several changes; and 14 WHEREAS, the City Commission has deemed it appropriate and in the best interests 15 the residents and the community to amend the Land Development Regulations, Article I. 16 7. Surety, as follows: 17 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 18 CITY OF BOYNTON BEACH, FLORIDA, THAT: 19 Section 1. The foregoing whereas clause is true and correct and is now ratified and 20 by the City Commission. 21 Section 2. That Chapter 7. Surety. Article 1. In General. Is hereby amended by 22 the words and figures in underlined type and by deleting words and figures in struck- 23 >e, as follows: 24 LRTICLE I. IN GENERAL 25 26 Section 1. Purpose. 27 28 This policy delineates specific criteria and prerequisites for accepting surety by the 29 city in conjunction with developer agreements, contracts, development related 30 improvements and any other contractual obligations. 31 32 Section 2. Applicability. 33 34 A. When Required. 35 36 Wherever surety is required within the Boynton Beach Code of Ordinances and/or 37 Land Development Regulations it shall be provided in the form and manner 38 prescribed in Section 3 hereinafter. The type of surety shall be determined by the :\CA\OrdinancesXLDR ChangesLMndending LDR Chapter 7 - Surety.doc 1 administrator of the code section involved, and shall be acceptable to the Boynton 2 Beach City Attorney an~ r~;,,, c, .... ;~o;~ 3 4 B. Amount. 5 The amount of surety shall be equal to or greater than 110% of the total obligation 6 whether it be for restoration, abatement, maintenance, guarantee, fees in lieu of land 7 dedication, required improvements or any other purpose. 8 C. Periodic reduction of surety. 9 From time to time during progress of the work the developer may request 10 ~ a reduction in the dollar amount of the surety on the basis of work 11 completed, but in every case the remaining fimds shall be sufficient to cover 110% of 12 the cost to complete the obligation. In the case of surety for required improvements 13 associated with subdivision development, five (5) per cent of the engineer's certified 14 cost of required improvements shall be retained for one (1) year after acceptance of 15 such improvements by the City Commission as a guarantee against defects in 16 workmanship and material. The final release in surety of the remaining balance of the 17 surety, by letter of credit or other instrument, shall be approved by motion 18 r-esotu0oP~of the City Commission, with the written recommendation by the 19 appropriate department and/or the city engineer. 20 D. In the event of default by the developer or failure of the developer to complete the 21 obligations within prescribed time limits, the city, after thirty (30) days written notice 22 to the developer, shall cash the surety to insure satisfactory completion of the 23 obligations. 24 25 Section 3. Types of Surety. 26 A. Letters of Credit. 27 1. The face of the letter of credit must indicate the following: 28 a. The letter of credit is "clean". 29 b. The letter of credit is irrevocable and shall remain enforceable until 30 released by a resolution adopted by the City Commission, or --,~ntil the !e~er of ~CA\Ordinances'~LDR Changes'~-ndending LDR Chapter 7 - Surety. doc 3 col ....on t~e letter .r ~.~;, 4 c. The pu~ose ofprQect for w~ch the le~er of credit is issued. 5 d. The specific amount of the letter of credit, ~ U.S. Dollars. 6 e. ~e method of dis~bution of draws against the le~er of credit. 7 [ The street address where draws against the letter of credit shall be made. 8 9 g. ~e le~er of credit is enforceable in a cou~ of competent j~sdiction in 10 Pa~ Beach Count, Flohda, and is to be inte~reted by Florida Law. 11 h. The nme ~d s~eet address of a desi~ated agent within the State of 12 Florida for acc~t~ce of process. 13 *** 14 5. No le~er of credit shall be deemed accepted by the city ~til by ~otion or 15 .... h.,;~ ~r ,u~ ~;,~. ~ .... ;~.;~. r~, .... ;~- review ~d approval by the ci~ 16 attorney's office for legal sufficiency, ~d by ~e tin,ce d~ment for the b~'s 17 rating. [ 18 *** 19 B. CASH, CERT~D CHECK, CASH~R'S CHECK. Completion of~e required 20 improvements may be sec~ed by c~h d~osited by the developer ~ ~e ciW or in 21 ~ accost subject to ~e consol of the ciW in accord~ce wi~ an a~eement on such 22 deposit or accost. No interest shall be emed on such d~osit or accost. 23 24 C. PE~O~CE OR S~TY BO~. Completion of ~e requked 25 improvements may be sec~ed by a perfo~ce or s~ety bond obta~ed ~om a 26 comply acc~table to ~e ciW in accord~ce with the ci~ policy on pgfo~ce 27 bonds. It shall guar~tee ~at all work will be completed in ~11 accord~ce ~ the 28 approved l~d development pe~it. ~ ............. "' ~o-d ~*~;"~a ~om a ~0 ~ 31 *** 32 E. The Finite Dep~ent shall mainta~ ~ index of ~1 s~ety, in.eating at a 33 ~m~, ~c proj~t n~¢, ~e ~ount of s~e~, ~en n~es ~d contact 34 info~ation for all obliges of thc surc~, the date posted, ~e date reduced ~d the date ,CA~din~ces~DR Chang~d~ding LDR Chapt~ 7 - S~.do¢ 1 released. 2 3 Section 3. Each and every other provision of the Land Development Regulations 4 lot herein specifically amended, shall remain in full force and effect as originally adopted. 5 Section 4. All laws and ordinances applying to the City of Boynton Beach in 6 :onflict with any provisions of this ordinance are hereby repealed. 7 Section 5. Should any section or provision of this Ordinance or any portion 8 hereof be declared by a court of competent jurisdiction to be invalid, such decision shall not 9 ~ffect the remainder of this Ordinance. 10 Section 6. Authority is hereby given to codify this Ordinance. 11 Section 7. This Ordinance shall become effective immediately. 12 FIRST READING this __ day of June, 2004. 13 SECOND, FINAL READING AND PASSAGE this day of 14 une, 2004. 15 CITY OF BOYNTON BEACH, FLORIDA 16 17 18 Mayor 19 20 21 Vice Mayor 22 23 24 Commissioner 25 26 27 Commissioner 28 29 30 Commissioner 31 ~TTEST: 32 33 34 ~'ity Clerk 35 36 \CA\OrdinancesXLDR Changes~okmdending LDR Chapter 7 - Stwety.doc XII. - LEGAL CITY OF BOYNTON BEACH ITEM B.2 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 [] April 6, 2004 March 15, 2004 (Noon.) [] June 1, 2004 May 17, 2004 (Noon) [] April 20, 2004 April 5, 2004 (Noon) [] June 15, 2004 May 31, 2004 (Noon) [] May 4, 2004 April 19, 2004 (Noon) [] ~luly 6, 2004 June 14, 2004 (Noon) [] May 18, 2004 May 3, 2004 (Noon) [] July 20, 2004 July 5, 2004 (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 amendments to Chapter 2, "Administration", Article V, "Code Compliance Board" Section 2-91, "Violations and Penalties", and Chapter 9, "Fire Protection and Prevention," Article I, "Penalty for Violations" to provide for enforcement of Fire Code Violations through the Code Compliance Direct Citation Process. EXPLANATION: The City's Fire and Life Safety Division has determined that it is in the City's best interest to provide the necessary enforcement authority to its fire inspectors in order to allow the fire inspectors to enforce fire code violations through the City's Code Compliance direct citation process. PROGRAM IMPACT: In order to provide the City fire code inspectors with an additional enforcement mechanism, if adopted, this Ordinance will clearly provide the necessary authorization to allow the Fire Code Inspectors to issue citations to property owners who are not in compliance with the City's Fire Code provisions. In the event the property owner does not comply with the original Notice to Correct Violation, the Fire Inspector will then have the ability to file a citation with the County Courts. FISCAL IMPACT: N/A ALTERNATIVES: N/A Department Head's Signature ' 2 - 'City Mana~'s Signatu~ City Attome7 Department Name 'l Ci~ Attorney / l~nMnce'/-Human Resources S:~BULLETIN~ORMS~AGENDA ITEM REQUEST FORM.DOC 1 ORDINANCE NO. 04- 2 3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, AMENDING CHAPTER 2, "ADMINISTRATION", 5 ARTICLE V, "CODE COMPLIANCE BOARD", SECTION 2-91, 6 "VIOLATIONS AND PENALTIES"; AND CHAPTER 9, "FIRE 7 PROTECTION AND PREVENTION," ARTICLE I, "PENALTY 8 FOR VIOLATIONS", TO PROVDE FOR ENFORCEMENT OF 9 FIRE CODE VIOLATIONS THROUGH THE CODE 10 COMPLIANCE DIRECT CITATION PROCESS; PROVDING 1 ~ FOR CONFLICTS, SEVERABILITY, COD~ICATION AND AN 12 EFFECTIVE DATE. 13 14 WHEREAS, the City of Boynton Beach Fire and Life Safety Division has 15 letermined that it is in the City's best interest to provide the necessary enforcement 16 tuthority to its fire inspectors in order to allow fire inspectors to enforce fire code 17 4olations through the City's Code Compliance direct citation process; and 18 WHEREAS, the City Commission has determined that it is in the best interests of J9 he residents and citizens of the City of Boynton Beach to amend Section 2-91 and 20 ~hapter 9 of the Code of Ordinances to specifically provide for the ability of fire 21 aspectors to enforce fire code violations through the direct citation process. 22 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION 23 )F THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 24 25 ',ection 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 26 eing tree and correct and are hereby made a specific part of this Ordinance upon 27 idoption hereof. 28 ;ection 2. Chapter 9, "Fire Protection and Prevention," Article I, "In General," Section 29 -1, "Penalty for violations" of the Boynton Beach Code of Ordinances, be, and the same 30 hereby amended to read as follows: Page 1 of 3 1 Sec. 9-1. Penalty for violations. 2 (a) Any person violating any provision of this chapter 3 ~r the fire prevention code adopted in this article shall be punishable in 4 accordance with the provisions of Sec. 1-6, Sec. 2-83, and Sec. 9-1 5 6 (b) It shall be unlawful for any person to violate the 7 National Fire Codes, or to refuse to obey any provision or regulation 8 thereof, under the penalties provided in Sec. 1-6, Sec. 2-83, and Sec. 9-1 9 lo (c) The application of a penalty for violation of this 11 :hapter shall not be held to prevent the enforced removal of prohibited 12 :onditions. 13 14 Section 3. That Chapter 2, "Administration", Article V, "Code Compliance 15 5oard", Section 2-91, "Violations of Penalties", of the Boynton Beach Code of 16 )rdinances, be, and the same is hereby amended to read as follows: 17 *** SCHEDULE OF CIVIL PENALTIES 19 UNIFORM FINE SCHEDULE Fine 20 Class I $ 50.00 21 Class 1I $ 75.00 22 Class m $125.00 23 Class IV $250.00 24 Violation Fine Class/ Fine Class/ 25 First Offense Second 26 ~ffense 27 28 Violations of Fire Code, Chapter 9 IV IV 29 30 31 Section 4. Should any section or provision of this ordinance or portion hereof, Page 2 of 3 1 ~ny paragraph, sentence or ~vord be declared by a court of competent jurisdiction to be 2 nvalid, such decision shall not affect the remainder of this ordinance. 3 Section 5. Authority is hereby granted to codify said ordinance. 4 5 Section 6. This ordinance shall become effective immediately upon passage. 6 7 FIRST READING this __ day of ,2004. 8 9 SECOND, FINAL READING AND PASSAGE this day of 10 ,2004. 11 12 CITY OF BOYNTON BEACH, FLORIDA 13 14 15 Mayor 16 17 18 Vice Mayor 19 2o 21 Commissioner 22 23 24 kTTEST: Commissioner 25 26 27 2ity Clerk Commissioner 28 29 'CORPORATE SEAL) 3O 31 32 )NT:dnt 33 JGCDE_FS\LIBRARYM 990\900182.BB\ORD'ffqre Code Violations (Direct Citation).doc Page 3 of 3 XII. - LEGAL ITEM D.1 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 [] April 6, 2004 March 15, 2004 (Noon.) [] June 1, 2004 May 17, 2004 (Noon) [] April 20, 2004 April 5, 2004 (Noon) [] June 15, 2004 May 31, 2004 (Noon) [] May 4, 2004 April 19, 2004 (Noon) [] July 6, 2004 June 14, 2004 (Noon) [] May 18, 2004 May 3, 2004 (Noon) [] July 20, 2004 July 5, 2004 (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 ~coMMENDATION: Review and consider proposal from Juan and Anna Valverde to purchase the vacant ~cel adjacent to 730 S.W. 3~a Avenue. EXPLANATION: Mr. ~d Mrs. Valverde have approached the City with interest to purchase a vacant p~cel (PCN: ~43- 45-29-01-020-0071) which is adjacent to ~eir property at 730 S.W. 3~a Avenue, for the sum of $3,300.00. Pursuant to ~e proc~ure set fo~h in ~e Code of Ordinances, ~e Valverdes' have had an independent appraisal done on the parcel, which is attached as Exhibit "A". As of September 3, 2003, the parcel was appraised at $4,~.00. Since the offer is less ~an the appraised value, the approval of ~is sale must be by a 4/5 vote of the City Co~ssion. Staff has reviewed the matter, and it has been dete~ned that ~e p~cel serves no public pu~ose and staff has no objection to ~e sale. PROG~M IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: Do not approve the sale to ~e Valverdes' and continue to maintain ~e p~cel. / eFa n[ Sign t City Signa[ City Attorney Dep~ment Name ~ City Attorn~ / Finance / Human Resources S:\BULLEThN~ORMSL~GENDA ITEM REQUEST FORM.DOC TO: Kurt Bressner, City Manager FROM: James A. Cherof, City Attorney~/xg'~ RE: Purchase of City Owner property by Juan and Anna Valverde S.W. 3~a Avenue DATE: March 30, 2004 We have received another proposal from Juan and Anna Valverde to purchase, the vacant parcel adjacent to 730 S.W. 3ra Avenue. The current proposal contains an appraisal dated September 10, 2003, establishing a $4,000 appraised value. The Valverdes' offer is for $3,300.00. This offer can be reviewed by the City Commission under the procedure set forth in Section 2.25 of the Code, but since the offer is less than the appraised value, the approval must be by a 4/5 vote. If you consider the lot as surplus and suitable for disposition, I will advise the Valverde's that the matter will be placed before the Commission for a vote. Alternatively, if you decide that the City should retain the property, I will advise them that this offer will not be considered at this time. JAC S:~12A~,eal Estate\Valveade Offer - SW 3rd AvehMcmo to KB.doc March 4, 2004 ~_2 Mayor Broening, ~ Dear MaYor Broening, I am forwarding another proposal to your attention for the purchase of vacant parcel PCN#08-43-45-29-01-020- 0071 that is adjacent to my property at 730 SW 3~d Ave. in Boynton Beach2 My husband and I recently purchased the home next. to this parcel, which we would like to own. We have been inqttiring about this property since April 03 and we · received notice that we should get this parcel appraised which we have at our own expense. We received a copy of the city ordinance #03-002 from the city attorney office and were advised as to how the procedure should take place. I was advise to send in a formal proposal Which has been done and as well as an appraisal for the parcel. We would like to offer the City of Boynton Beach $3300.00 for the parcel that is adjacent to our home. Enclosed is a complete copy of the appraisal as we were advised by the city attorney to do as a first step. Please notify us if this parcel will be sold to us and also as to what the procedure would be. Sincerely, Juan & Anna Valverde .. ~ RETUR~ TO: ROBERT STONE P~ D~ CO~ PROPE~ & R~L ESTA~ . E~ENT 3323 BEL~D~E R~D. B~LDt~ 5~3 ~ ~.~ COUNTY DEED ~.~ THIS DEED is made . by PA~ B~CH COUP, FLORIDA ~al subdlvisbn ~ the State of Florida. whose legal maili~ address is 301 North Olive ~Ee, ~st Palm Beach, Florida 33401~791. pa~ of~e first paff, and the ~ CI~ OF BOSTitCH, a munici~l ~rporation or,he State of Flora. wh~e ~gal mailing addres~ East Bo~ion Beach Boulevam. Boynton B~ch, Flora 33435- ~ E S S E T H: That the said pady of lhe firs! pad. for and in cons~eration of the ~ S receipt whsmof is hernia.lodged, has gmnled, bargained and sold to the pa~ of lhe second pa~, ils suc~se~d assigns forever, the following describ~ land lying and being in Palm Beach Co~rida: LOT 7 (LESS THE EAST 12.~), BLOCK 20, LAKE BOYNTON ESTATES P~T 1, ACCORDING TO THE P~T~E~RDED IN P~T BOOK 13, PAGE 32, PUBLIC RECORDS OF PALM BEACH C~, FLORIDA. THE ~OVE BEING THE REAL PROPER~ DESCRIBED IN T~, DEED RECORDED IN OFFICIAL RECORD BOOK t 4669, PAGE ~278, PUBLIC~?~ ./.~DS OF PALM B~CH COUNt, FLORIDA. IN ~ESS WH~~e said party of ~e fl~t pa~ has ~used lhese pr~ents to be ex~ut~ m ~ts nam~.~rd of oun~ Commms~oners a~mg by the Chair or Vic~Chai~an of se~ Boa~~ and year aforesaid. DOEOT,Y ,.WlLKEN, iark Political Su~ion of ~e S~te o~ Florida BOARD OF C - '"' COMMISSIONERS APPROVED AS TO FORM AND LEGAL SUFFICIENCY ~o~ ~ ;o G ".Cyn rly~ ObM-A ~ B 0 ¥""I'T ON !::-~ IATEF'732~Vvr3fs~ve"'I~B.WD'~ ]~e City o[.t~oynton OFFICE OF THE CITY ~IAz~A 1~ E. BO ~SVTO~¥ BEA CtI BO[i~EVARD P.O. BO.Y 310 FLORIDA 33425-0310 CITY 3fA~VA GER'S OFFICE: (561) 742- 6010 I~X: (561) 742-6011 E-.~IAIL: BRESS~¥ERIf~CI. BOY. VTO~ REA CH. FL. US July 21,2003 Mrs. Anna Valerde 730 SW 3rd. Ave Boynton Beach, FL 33426 Re: PCN # 08-43-45-29-01-020-0071 -- Parcel Owned by the City of Boynton Beach Dear Mrs. Valerde: The Legal Department has forwarded you letter to my office for response. I have researched the zoning and the land use of the property adjacent to your property and note the following: Vacant Parcel Your Property Zoning R1A (Single Family) R1A (Single Family) Land Use Designation High Density Residential Low Density Residential (10.8 Units/Acre) (4.84 Units/Acre) Because the property is zoned single family, I needed to verify if the property could be built on or combined with adjoining property to the west for another single-family home. This has an impact on the value of the property. The property in question is 38 feet wide by 120 feet wide and consists of 4,356 sq. ft. Under current City zoning regulations, the minimum lot size in the R1A district for a new home is 7,500 sq. ft. with a minimum lot frontage of 60 ft. In addition, I checked the provisions of the City's zoning regulations as to non-conforming lots. Again, with respect to underlying zoning, a non-conforming lot of record would need to be 5,000 sq. ft. in size and not less than 50 ft in lot width. Therefore, the property is in my view, not buildable. The provisions of Ordinance 03-002 require that interested purchasers determine the fair market value of the property. Therefore, you will need to obtain and pay for an appraisal of the subject property. You then may make an offer based on that fair market value, or a lesser amount. The City Commission will consider your offer and the recommendation of staff as to the disposal and use of the property. One suggestion I have to make, in the event you wish to make an offer for the property less than fair market value, would be to agree to place a restriction on title that the property cannot be built upon for a single family home. This way, the property will stay open space, except for accessory buildings, should you wish to install them. Mrs. Anna Valverde July 21, 2003 Page 2 I cannot recommend a real estate appraiser. You should be able to obtain a list of qualified appraisers for this area from a local real estate agent. Sincerely, Kurt Bressner City Manager C: Jim Cherof, City Attorney AMERICA'S GA TE~VA Y TO THE G ULFSTREA.~14 ORDINANCE NO. 03-OO~ AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORXDA, AMENDING CHAPTER 2 ADMINISTRATION, ARTICLE IV, SECTION 2-56 PROVIDING FOR AMENDMENT TO PROCEDURES FOR THE SALE OF SURPLUS CITY OWNED REAL PROPERTY; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS, upon the recommendation of staff, the City Commission deems it to be in the best interest of the citizens and residents of the City to amend Chapter 2. Section 2-56 to provide for an alternative procedure for the sale of surplus City owned real property when the property is contiguous to developed property and the sale would facilitate the construction of buffers to or extensions of the business or other use existing on the adjacent property; and WHEREAS, the City Commission has determined that the current procedure requiring competitive bidding for surplus property serves no public purpose when the surplus property is of such size and configuration that its highest and best use would be to assemble the City owned property with adjacent developed property. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, THAT: Section 1. Chapter 2. "Administration" is hereby amended by adding the words and figures in underlined type, and by deleting the words and figures in struck-through type, as follows: Sec. 2-56. Purchasing agent, selection, duties; competitive bidding. The City Commission shall appoint an officer or employee of the city, other than a member of the City Commission, as purchasing agent for the city who shall be responsible for the purchase of all supplies, materials, equipment and other articles used by the municipal government. All purchases or sales of city property shall be subject to the approval of the City Commission and shall conform to such regulations as the City Commission may from time to time prescribe. Personal Property, Commodities and Services Except as provided in section 2-56. l all purchases or sales of personal property, commodities and services involving amounts in excess of twenty-five thousand dollars ($25,000.00), or ,, I SECOND, FINAL READING AND PASSAGE this 18 day of~ ~'~_bt't~a_t',,~ ,2003. CITY OF/~OYNT(~'~/'BEACH, FLORIDA II AT. tEST: ,- m C°ihmi. j-~ne.,ro ~9~-.~~ / II (CORPORATE SEAL) ~OR~~ S:\CA\Ordinances~u:lmlnistrative\Sec 2o56.doc Pal~ '~each Appraisers & Consultan Inc. Rear r:state Appraisers/Consuitants/Coun~,~lors Fle No. H31087 APPRAISAL OF LOCATED AT: XXX SW 3 Avenue Boynton Beach, FL, 33426 FOR: Anna Valverde 730 S~N 3rd Ave. Boynton Beach, FI 33426 BORROWER; ~u.~'~ VeJ. uerde_~ Anna VALVERDE AS OF: September 10, 2OO3 BY: James F Kerr, ASA 1300 N. CONGRESS AVE., SUITE B, WEST PALM SUCH, FL 33409-6306 TEL # (56't) 689-8608 - FAX it (561) 6848709 aim Beach Appraisers & Consultants, Inc. LAND APPRAISAL REPORT r,e No. H31087 xxx sw 3 Avenue Census Tract 60.02 LENDER DISCRETIONARY USE oly Boynton Beach County Palm Beach Stale FL ;Sp Code 33426 Sale Price $ Leqal Des~0tinn Lot 7, (Less E 12.5 Ft.) Lake Boynton Estates PI 1, PB 13, Pg 32 Date '/Occupant City of Boynton Beach Map Refe~enco 43-45-29 M~tgage Am•chi $ 'dce$ N/A Date0fSaie N/A ]Properly Rights Appraised Mortgage Type Loan char,~es/concessions lo be paid by selle~ $ N/A I [] Fee Simple Discount Points and Oth~ Concessions R_E. Taxes $ N/A-City Owned Tax Yesr 2002 NOA $,?,40. NIA ) [~ Leash•Id Paid by Seller $ Lender/Client Anna Valverde I {~ Condominium (HUD/VA) 730 SW 3rd Ave.r Boynton Beach, FI 33426 I [--} PUD Su~xce LOCAT,O. XX ban •sub.ban URea, .E,G.BO..OODA.*LYS,S [] ov~ 75%[] ~7~% E} und~ ~5% E~¥.~.t S~ab~j[]~IE} [] BUILT UP GROWTH RATE []Rapid [] Slable ~Slow Convenience ID Employmen, ~} {~ [] [] PROPERTY VALUES ~ thc~easing [] Stable [] Declining Convenience to Shopping [~ BEMA,~,S~PP~¥ 0 Sheave [] in ~a,anc. O ~ersupp~ c ..... ie.ce,o s~.o,s 0[]00 PRESENT LAND USE % I LAND USE CHANGE PREDOMINANT ~i~;LEFAMLY~ Re~ealion Fad/ii,es [] Single Fen~ly 100~/~ Not Likely [~ OCCUPANCY I PRICE AGE Adequacy of Fad//ties [] 2-4 Family I Ukely ~ Owner [] I $(000) (y/s) Propedy Compatibility [] ~ [~] ~,*~ /I..oc~s E}lTenan' []L 9SLow 17 ~o,e~.~om".~.,.Cond. [] lVac~nt(O-§%) [~High~ ,oliee&RrePmtection [] [] [] 0 ©[]0© Gen~-al Appearance of Properties Commerdallndustrial T0: tVacanl(0ve~§%) OF Predominan, Note: Race or the radal composilien oi the neJghb0~hood are nol considered reliable appraisal faclors. COMMENTS:'fhe subject is located south of Boynton Beach Beulevard~ north of Woolbright Road~ west of 195, and east of Congress Avenue. The neighborhood is comprised of moderately priced, detached single family homes of average quality and maintenance. EmpIoyment~ schools~ shopping, medical and all other necessary services are located with!n convenient driving distance. Major highway access is__ less than 2 miles away via Boynton Beach Boulevard. Appeal to the market appears stable. 0imensie~s 37.5X120 SF +1~ Topography Basically Level Site Area 4~356 SF +1- Comer Lot No Size Smaller than typical Zoning Classification R1A - Residential Single Family_ Zoning Compliance Not buildable ** Shape Rectangular HIGHEST & BEST USE: Present Use Vacant Oihe~ Use Assemble with adi. site Drainage Appears Adequate UTILITIES Pob~ic Other SITE IMPROVEMENTS Type Public Private View Residential/Typical FJeclridly [] S~eet Asphalt [] ~) Landscaping Minimal/Typical Gas [] Curb/Culler None [] [~ Driveway . None Water ~ Sidewalk None [] [] Apparent Easements Typical utility & drainage Sanitary Sewe~ S~'eet Lights Pole Mounted Elec. [~ (~ FEMA Flood Hazard Yes* NO X S'~m Sew~ /~ey None ~'} {---} FEMA' ~p/Zane #12019600~C 9182 Zone ents (Apparent adverse easemenls, encroachments, special assessments, slide ereas, elc.): See Attached Addendum. ITEM SUBJECT COMPARABLE NO. 1 COMPARABLE NO. 2 COMPARABLE NO. 3 XXX SW 3 Aven XXX SW 4 Avenue XXX NE 4th Avenue XXX SE 2nd Street Address Beynton Beach Boynton Beach . Boynton Beach Beynton Beach I Pro~n~/te Subject I Block South / 112 Mile NE 112 Mile SE ! Su~s ~c, $ N/A $ 8,1 oo $ 5~000 $ 5,195 i P~e~ $ ~ $ 1.43~ $ 0.67~ 0.94~ Data San~co FARES/Public R FARES/Public Records FARES/Public Records FARES/Public Records VALUE ADJUSTMENTS DESCRIPTION DESCRIPTION I '~-~ ~ DESCRIPTION *(.)t ~ DESCRIPTION ~ Sales er Fmandng CASH : -0- CASH -0- CASH : -0- Concessions No Effect ! -0- No Effect -0- No Effect ', -0-i i Date or Sale/Ta~ne NIA 5/2003-Closed : -0- ll2003-Closed -0- 3/2003-Closed : -0- Location Urban Urban ,; -0- Urban | -0-I Urban ; ~-I Residentiai/Typ i -O- Site/view Resldentlal/Typi Residential/Typ i -0- Resldential/Typ : +0.-0-=071 Size 4r356 SF+I- ,662 SF +1- -0.34 7r500 SF -+ , 5r500 SF -+ ' +0.09 I Restrlctions Not buildable Not buildable i -0- Buildable ' -0.13 Buildable ', -0.19 Z°n-ing RIA RIA : -0- R2 i No Adj. R2 ; No Adj. Improvements None None : -0- None -0- None -0- Ne,~.(,o,~,~ ©. I~-i' 0.34 FI. I~1-i$ 0.06 ~+ IxJ-is O. lO Indicated Vabe C~oss: 23.8 C~oss: 29.91 C~oss: 29.8 J orSuble, ct Net: -23.8 $ 1.09 Net: -9.0{$' 0.61 Net:. -10.6{$ 0.84 Comments of Sales Corn ~ison: S~ Attached Addendum. Comments and Conditions of Appraisal: The purpose of the appraisal is to establish fair market value for the purchase of the lot by the adjacent property owner. Final Reconciliation: The Sales Comparison Approach is the or~ly applicable approach to value used in this assignment. The _lP--,ne Approach to value is not generally applicable in the appraisal of vacant residential sites. The appraisal assignment was seal on a requested minimum valuation or on the approval of a loan. Lot value reconciled ~,, $0.90 per Sq. Ft. '1. _:STIMATETHE MARKET VALUE, AS DEFINED. OF THE SUBJECT PROPERTYAS OF September 10, 2003 to~$ 4,000 I (.We) certify: that to the best ol my (our) knoMedge end beliel, the lecls and data t~sed herein are bce and correct; that I (we) personaIly inspected the subject properly and inspected all comparable sales cited in this report; and thai I (we) have no undisc~esed inlaresl. Ixesent or pn)spective therein. Apprais~'(~ ~-~:~ Review ^pp~aiser •Did 0 Did J~ E. ,Kerr~ A,Sge~ ~ (i~ applicabie) Inspec{ ~ope~ly Palm Beach Appraisers & Consultants, Inc. ADDENDUM Borrower: Anna VALVERDE File No.: H31087 Property Address: XY, X SW 3 Avenue Case No.: City: Boynton Beach Sb3te: FL Zip: 33426 Lender:. Anna Valverde ,Site Comments: Lot size is below minimum needed for a new home. Subject is 37.5' X 120' +1- and consists of approximately4,356 square feet. Under current City of Boynton Beach zoning regulations, the minimum lot size in the R1A district for a new home is 7,500 square feet with a minimum lot frontage of 60 feet. A non-conforming lot of record would need to be 5,000 square feet in size and not less than 50 feet in width. As a result, subject is not buildable without a special exception. Comments on Sales Comparison: Comparable #1 was conveyed by tax deed in 2003 and 1997. Greatest weight was given to Comparable #1, because (like the subject) it is not a buildable lot. However, it was purchased by Buyers Investment Group Ltd. Inc., and since it meets the square footage requirements for a non-conforming lot, and is only 4% short of the frontage requirement, it is probable that the lot was purchased with the expectation of obtaining a variance. The subject property does not meet either requirement for a non-conforming lot, and is 24% short of the frontage requirement, making it less likely that a variance would be granted. While tax deed sales are typically below market value, this is offset by the fact that the lot is larger than the subject and therefore has a better chance of being granted a variance. The only apparent user for this lot is one of the adjacent property owners. Linda Altergoff, State RegisteredAssistant Real Estate Appraiser, RI # 11660 provided assistance in the inspection of the property, field notes, building sketch, initial research, and production of this appraisal report. Addendum Page 1 o~' I SUBJECT PROPERTY PHOTO ADDENDUM Bor~0wer: Anna VALVERDE ~}e No.: H31087 P.m_~p_~LAddress:XXX SW 3 Avenue ase No.: City: Boynton Beach State: FL Zip: 33426 Lender; Anna Valverde FRONT VIEW OF SUBJECT PROPERTY Appraised Date: September 10, 2003 Appraised Value: $ 4,000 REAR VIEW OF SUBJECT PROPERTY STREET SCENE LOCATION MAP IB~n'ower: Anna VALVERDE File No.: H31687 Property Address: XXX SW 3 Avenue Case No.: City:. Boynton Beach State: FL ~Zip: 33426 Lender: Anna Valverde 1300 N. CONGRESS AVE., SUITE B, WF_ST PALM E~,CH, FI. 33409-6306 TEL # (56'1) 689-8608 - FAX # (.561) 684-8709 MARKET DATA MAP IBorrower: Anna VALVERDE FJle No,: H31087 Property Address:XXX SW 3 Avenue Case No.: City: Boynton Beach State: FL Zip: 33426 Lender: Anna Valverde 1300 N. CONGRESS AVE., SUR*E B, WEST PALM BEACH, FL 33409-6306 TEL # (561) 569-8608 - FAX # (561) 6848709 Bon-ow~; Anna VALVERDE File No.: H31087 Property Address:XXX SW 3 Avenue Case No.: City: Boynton Beach State: FL Zip: 33426 , '~nder: Anna Valverde The City of Bo!jnton Beach P.O. ~ 320 JuDy 21, 2003 Mrs. Anna Valerde 730 SW 3~Cl. Ave Boynton Beach, FL 33426 Re: PCN # 08-43-45-29~01-020-0071 -- Parcel Owned by th; City of Boynton Beach Dear Mrs. Valerde: The Legal Deparlment has forwarded you letter to my office for response. I have researched the zoning and the land use of the property adjacent to your property and note the following: d ~ Vacant Parcel Zoning [ RIA (Single Family) Your Properly RtA (Single Fam~y) Use Designation J High Density Residential Low Residential | (10.8 Unils/Acre) (4.84 Because the i~roperty is zoned single family, I needed lo vedfy i~ the property could be built on or combined with adjoining property to the west fox* another single-family home. '133is has an impact o~ Ute value of the property. The property in question is 38 feet wide by 120 feet v~de and consists of 4,356 sq. It. Under currerd City zoning regulations, Ute minimum lot size in the R1A district for a new home is 7,500 sq. It. with a minimum lot frontage of 60 It. In addition, I checl(ed the provi~ions of the Ct~s zoning regulations as to non--c~nfom3ing lots. Again, with respect lo undm~ying zoning, a non-conforming lot of record would need to be 5,000 sq. ft. in size and not less tha~ 50 fl in Int width. Therefore, the propertyis in my view, not buildable. The provisions of Ordinance 03-002 require that interested purchasers delerrnine the fair markel value of the property. 'l'herelere, you will need to obtain and pay for an appraisal of the subject properly. You then may make an offer based on that fail' ma,'ket value, or a lesser amount. The City Commission will consider your offer and the recommendation of staff as to the disposal and use of the property. One suggestfan I have to make, in the event you wish to make an offer fro- the property less lhat3 fair market value, would be to agree Io place a mslfictlon on title thai the property cannot be bu~ upon for a single family home. This way, the pmped~y will stay open space, except for accessmy buildings, should you wish to install them. ' 1300 N. CONGRESS AVE., SUITE B, WEST PALM BEACH, FL 33409-6306 TEL # (561) 689-8608 * FAX ft (56'1) 684-8709 I Borrower: Anna VALVERDE FileNo.: H31087 Property Address:XXX SW 3 Avenue Case No.: CJb]: Boynton Beach State: FL Zip: 33426 'lee Anna Valverde Mrs. Anna ValYerde July 21, 2003 Page 2 I cannot recommend a real estate appraiser. You should be able to obtain a list of qualified appraise~ for this area from a local real estate agent. Sincerely, Kurt Bressner City Manager C: Jim Cherof, City Attorney '1300 N. CONGRESS AVE., SUITE B, WEST PALM BEACH, FL 33409-6306 TEL # (561) 689-8608 ~ FAX # (561) 684-8709 File No. H31087 DEFINITION OF MARKET VALUE: The most probable price which a property should bring in a competitive and open market under all conditions requisite to a fair sale, the buyer and seller, each acting prudently, knowledgeably and assuming the price is not affected by undue stimulus. Implicit in this definition is the consummation of a sale as of a specified date and the passiog of title from seller to buyer under conditions whereby: (1) buyer and seller are lypically motivated; (2) both parties are well informed er well advised, and each acting in what he considers his own best interest; (3) a reasonable time is allowed for exposure in the open market; (4) payment is made in terms of cash in U.S. dollars or in terms of financial arrangements comparable thereto; and (5) the price represents the normal consideration for the property sold unaffected by special or creative financing or sales concessions* granted by anyone associated with the sale. *Adjustments to the comparables must be made for special or creative financing or sales concessions. No adjustments are necessary for those costs which are normally paid by sellers as a result of tradition or law in a market area; these costs are readily identifiable since the seller pays these costs in virtually all sales transactions. Special or crealive financing adjustments can be made to the comparable property by comparisons to financing terms offered by a third party institutional lender that is nol already involved in the property or transaction. Any adjustment should not be calculated on a mechanical dollar for dollar cost of the financing or concession but the dollar amount of any adjustment sheu~d approximate the market's reaction to the t'mancing or concessions based on the Appraicer's iudgment. STATEMENT OF LIMITING CONDITIONS AND APPRAISER'S CERTIFICATION CONTINGENT AND LIMITING CONDITIONS: The appraiser's certification that appears in the appraisal roped is subject to the following conditions: 1. The appraiser will not be responsible for matters of a legal nature that affect either the property being appraised or the title to it. The appraiser assumes that the title is good and marketable and, therefore, will not render any opinions about the title. The property is appraised on the basis of it being under responsible ownership. 2. The appraiser has provided a sketch in the appraisal report to show approximate dimensions of the improvements and the sketch is included only to assist the reader of the report in visualizing the property and understanding the appraiser's determination of its size. 3. The appraiser has examined the available flood maps that are provided by the Federal Emergency Management Agency (or other data sources) and has noted in the appraisal report whether the subject site is located in an identified Special Flood Hazard Area. Because the appraiser is not a surveyor, he or she makes no guarantees, express er implied, regarding this determination. 4. The appraiser will not give testimony or appear in court because he or she made an appraisal of the property in question, unless specific arrangements to do so have been made beforehand. 5. The appraiser has estimated the value of the land in the cost approach at its highest and best use and the improvements at their contributory value. These separate valuations of the land and improvements must not be used in conjunction with any other appraisal, and are invalid if they are so used. 6. The appraiser has noted in the appraisal report any adverse conditions (such as, needed repairs, depreciation, the presence of hazardous wastes, toxic substances, etc. ) observed during the inspection of.the subject property or that he or she became aware of during the normal research involved in performing the appraisal. Unless otherwise ,stated in the appraisal report, the appraiser has no knowledge of any hidden or unapparent conditions of the property or adverse environmental conditions (including the presence el hazardous wastes, toxic substances, etc. ) that would make the property more or less valuable, and has assumed that there are no such conditions and makes no guarantees or warranties, express or implied, regarding the condition of the property. The appraiser will not be responsible for any such conditions thal do 'exist or for any engineering or testing that might be required to discover whether such conditions exist. Because the appraiser is not an expert in the field of environmental hazards, the appraisal report must not be considered as an environmental assessment of the properly. 7. The appraiser obtained the information, estimates, and opinions that were expressed in the appraisal report from sources that he or she considers to be reliable and believes them to be true and correct. The appraiser does not assume responsibility for the accuracy of such items that were furnished by other parties. 8. The appraiser will not disclose the contents of the appraisal report except as provided for in the Uniform Standards of Professional Appraisal Practice. 9. The appraiser has based his or her appraisal report and valuation conclusion for an appraisal that is subjecl to satisfactory complefion, repais, or alterations on the assumption that completion of the improvements will be pedormed in a workmanlike manner. 10. The appraiser taus{ provide his or her prior wrilten consent before the lender/client specified in the appraisal report can distribute the appraisal report (including conclusions about the property value, the appraiser's identity and professional designations, and references to any professional appraisal organizations or the firm with which the appraiser is associated ) to anyone other than the borrower; the mortgagee or its successors and assigns; the mortgage insurer; consultants; professional appraisal organizations; any state or federally approved financial institution; or any department, agency, or instrumentality of the United States or any state or the District of Columbia; except that the lenderlclienf may distribute the property description section of the report only to data collection or reporting service(s) withoul having to obtain the appraiser's prior written consent. The appraiser's wriffen consent and approval must also be obtained before the appraisal can be conveyed by anyone to the public through advertising, public relations, news, sales, or other media. Vacant Land Page 1 of 2 File No. H31087 APPRAISERS CERTIFICATION: The Appraiser certifies and agrees that: 1. I have researched the subject market area and have selecled a minimum of three recent sales of properties most similar and proximale to the subject property for consideration in the sates comparison analysis and have made a dollar adjustment when appropriate to reflect the market reaction to those items of significant variation. If a significant item in a comparable property is superior to, or more favorable than, the subject property, I have made a negative adjustment to reduce the adjusted sales price of the comporabie and, if a significant item in a comparable property is inferior to, or less favorable than the subject property, I have made a positive adjustment to increase Ihe adjusted sales Fica of the comparable. 2. I have taken into consideration the factors that have an impact on value in my development of the estimate of market value in the appraisal report. I have not knowingly withheld any significant information from the appraisal report and I believe, to the best of my knowledge, that all statements and information in the appraisal report are true and correct. 3. I stated in the appraisal report only my own personal, unbiased, and professional analysis, opinions, and conclusions, which are subject only to the contingent and Limiting Conditions specified in this form. 4. I have no present or prospective interest in the property that is the subject to this report, and I have no present or prospective personal inlerest or bias with respect to the participants in the transaction. I did not base, either partially or completely, my analysis and/or the estimate of market value in the appraisal report on the race, color, religion, sex, handicap, familial status, or national origin of either the prospective owners or occupants of the subject property or of the present owners or occupants of the properties in the vicinity of the subject Foperly. 5. I have no present or contemplated future interest in the subject property, and neither my current or future employment nor my compensation for performing this appraisal is contingent on the appraised value of the properly. 6. I was not required to reporl a predetermined value pr direction in value that favors the cause of lhe client or any relaled party, the amount of the value estimate, the atlainment of a specific result, or the occurrence of a subsequent event in order to receive my compensation and/or employment for performing the appraisal. I did not base the appraisal report on a requested minimum valuation, a specific valuation, or the need to approve a specific morlgage loan. 7. I performed this appraisal in conformity with the Uniform Standards of Professional Appraisal Practice that were adopted and promulgated by the Appraisal Slandards Board of The Appraisal Foundation and that were in pla.ce as of the effective date of this appraisal, with the exception of the departure provision of those Standards, which does not apply. I acknowledge that an estimate of a reasonable time for exposure in the open market is a condition in the definition of market value and the estimate I developed is consistent with the marketing time noted in the neighborhood section of this report, unless I have otherwise stated in the reconciliation section. 8. I have personally inspected the subject property and lhe exlerior of all properties listed as comparables in the appraisal report. I further certify that I have noted any apparent or known adverse conditions io the subject improvements, on the subject site, or on any site within the immediate vicinity of the subject property of which I am aware and have made adjustments for these adverse conditions in my analysis of the property value to the extent that I had market evidence to support them. t have also commented about the effect of the adverse conditions on the marketability of the subject properly. 9. I personally prepared all conclusions and opinions about the real estate that were set forth in the appraisal report. If I relied on significant professional assistance from any individual or individuals in the performance of the appraisal or the preparation of the appraisal report, I have named such individual(s) and disclosed the spe, c|fic tasks performed by them in Ihe reconciliation section of this appraisal report. I certify that any individual so named is qualified to perform the tasks. I have not authorized anyone to make a change to any item in the report; therefore, if an unauthorized change is made to the appraisal report, I will take no responsibility for it. SUPERVISORY APPRAISER'S CERTIFICATION: If a supervisory appraiser signed Ihe appraisal report, he or she certifies and agrees that: I directly supervise the appraiser who prepared the appraisal report, have reviewed the appraisal report, agree with the statements and conclusions of the appraiser, agree fo be bound by/he appraiser's certifications numbered 4 through 7 above, and am taking full responsibility for the appraisal and the appraisal report. ADDRESS OF PROPERTY APPRAISED: ~ SW 3 Avenue~ Boynton Beach, FL~ 33426 APPRAISER: SUPERVISORY APPRAISER (only if required) Signat~'~'- Signature: Name: James E. ~ A$~, Name: Date Signed: t%'/! ") 't~,~ Date Signed: State Cer~tion #: RZ 0001014 State Certil'.;ation #: or State License #: or State License #: State: FL State: Expiration Date of Certification or License: 11/3012004 Expiration Date of Certification or License: 11/30/2004 [~ Did [~ Did Not Inspect Property Vacant Land Page 2 of 2 File No. H31087 ......... QUALIFICATIONS ......... OF THE APPRAISER JAMES E. KERR, ASA State Certified General Real Estate Appraiser, ~ 1014 Licenses: * Florida Real Estate Broker, l~K-0255340 * State Certified General Real Estate Appraiser, RZ 1014 (State of Florida) Professional Memberships: ASA Senior Member- American Society of Appraisers Education: * Syracuse University, Graduate B.A.,1967 * Palm Beach Junior College, Real Estate Appraising; Real Estate Investment Analysis. Florida Real Estate Commission Brokers' Qualifying Course, General Business Courses 1974-1978 Society of Real Estate Appraisers: Course 101 and Qualifying Examination, 1976; Narrative Report Writing Seminar and R-2 Comprehensive Examination, 1977; Course 201 and Qualifying Examination, 1978; Course 202, Applied Income Property Valuation Qualifying Examination, 1984; Course 301, Short Course, Introduction to Cash-Flow and Risk Analysis; Market and Marketability Analysis; Quantitlve and Qualitive Techniques; Investment Feasibility Analysis, 1984; R41-C and The Appraiser, 1986; Depreciation Analysis, 1987, Marshal 8, Swift Cost Service Seminar, 1988; Condominium Appraising, 1989 American Institute of Real Estate Appraisers: Valuation Analysis and Report Writing Course, 1986; Real Estate Appraisal Principles and Qualifying Examination, 1986; Basic Valuation Procedures and Qualifying Examination, 1986; Standards of Professional Practice, 1986; Capitalization Theory & Techniques, Part A and Qualifying Examination, 1986; Capitalization Theory & Techniques, Part B and Qualifying Examination, 1987. Course IV, Litigation Valuation and Qualifying Exam, 1988; Standards of Professional Practice, 1992; Appraising the Tough Ones, Seminar, 1993. American Society of Appraisers: Principles of Appraisal Practice and Code of Ethics Qualifying Examinations and Comprehensive Qualifying :xamination in Urban Real Estate Property Dlsciplihe, 1978; Machinery & Equipment Fundamentals Course, 1988. National Business Institute, Inc.: Key Issues in Wetlands Regulation in Florida, 1992; Major Land Use Laws in Florida, Seminar, 1995 Continuing Education: State Required Continuing Education- 7-Hour USPAP "Core" Law, and 7-Hour Residential Construction for Appraisers, 1996, 1998, 2000, 2002 State Required Continuing Education- 30 Hours "USPAP", Non-conforming & Difficult Properties; Appraiser Liability, 2002 Experience: Engaged in appraising real estate since September 1972. Types of Properties Appraised: * Agricultural Property * Office Buildings * Apartment Buildings * Recreational Vehicle Parks * Automobile Dealerships * Residential Subdivisions * Bowling Alleys * Restaurants * Churches * Service Stations * Condominiums * Shopping Centers * Industrial Parks * Single Family Homes * Islands * Special Purpose Buildings * Medical Buildings * Store Buildings * Mobile Home Parks * Vacant Lots & Acreage * Motels * Warehouses * Nursing Homes File No. H31087 *** ......QUALIFICATIONS ......... Appraisal Assignments Completed for the Following: * Accountants * Attorneys * City of Delray Beach * City of West Palm Beach * Commercial Banks * Corporations * Developers * Estates * Fannie Mae * Farmers Home Administration * Finance Companies * FDIC * Mortgage Bankers * Palm Beach County * R.E.I.T.'s * Savings & Loan Associations Other Qualifications: * Qualified as an Expert Witness in Palm, Martin, Okeechobee and Broward County Courts * Social Master for the Palm Beach County Board of Tax Adjustment, various years * Qualified as an Expert Witness in United states Bankruptcy Courts, South Florida and New York * Veterans Administration approved appraiser # 467