The URL can be used to link to this page

Agenda 05-17-05 The Ci,ty of Boynton Beach 100 E. Boynton Beach Boulevard. (561) 742-6000 City Commission AGENDA MAY 17, 2005 Jerry Taylor Mayor At Large Bob Ensler Commissioner District I I Mack McCray Vice Mayor District II Mike Ferguson Commissioner District III Carl McKoy Commissioner District IV DISTRI T I Kurt Bressner City Manager www.boynton-beach.org We're Reinventing City Living for the Millennium WELCOME Thank you for attending the City Commission Meeting GENERAL RULES & PROCEDURES FOR PUBLIC PARTICIPATION AT CITY OF BOYNTON BEACH COMMISSION MEETINGS THE AGENDA: There is an official agenda for every meeting of the City Commissioners, which determines the order of business conducted at the meeting. The City Commission will not take action upon any matter, proposal, or item of business, which is not listed upon the official agenda, unless a majority of the Commission has first consented to the presentation for consideration and action. · Consent Agenda Items: These are items which the Commission does not need to discuss individually and which are voted on as a group. · Regular Agenda Items: These are items which the Commission will discuss individually in the order listed on the agenda. · Voice Vote: A voice vote by the Commission indicates approval of the agenda item. This can be by either a regular voice vote with "Ayes & Nays" or by a roll call vote. SPEAKING AT COMMISSION MEETINGS: The public is encouraged to offer comment to the Commission at their meetings during Public Hearings, Public Audience, and on any regular agenda item. City Commission meetings are business meetings and, as such, the Commission retains the right to limit discussion on an issue. · 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, 100 East Boynton Beach Boulevard, Boynton Beach. All regular meetings are held typically on the first and third Tuesdays of every month, starting at 6:30 p.m. (Please check the Agenda Schedule - some meetings have been moved due to Holidays/Election Day). CITY OF BOYNTON BEACH REGULAR CITY COMMISSION MEETING AGENDA May 17, 2005 6:30 P.M. I. OPENINGS: A. Call to Order - Mayor Jerry Taylor B. Invocation by Rev. Rick Riccardi - Police Chaplain C. Pledge of Allegiance to the Flag led by Commissioner Bob Ensler D. Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption II. OTHER: A. Informational Items by Members of the City Commission III. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS, & PRESENTATIONS: A. Announcements: None B. Community and Special Events: 1. Oceanfront Concert Series at Oceanfront Park, May 20th from 6-9 P.M. featuring Snakeboy Johnson Band (Blues/Rock) C. Presentations: 1. Proclamation: a. Boynton Veterans Council Memorial Day Celebration - May 29, 2005. 2. Award of a Certificate of Completion to Commissioner Carl McKoy for completion of the Advanced Institute for Elected Municipal Officials. 3. Presentation of Certificates of Appreciation in recognition of the volunteers who participated in the 2005 Great American Clean Up on April 9, 2005. 1 Agenda Regular City Commission Meeting Boynton Beach, Florida May 17,2005 4. Recognition of Donald Bryant for having presented a check for $10,000 to Principal Guarn Sims of Galaxy Elementary School. The donation is a result of the Education Advisory Board's Principal for a Day event. IV. PUBLIC AUDIENCE: INDIVIDUAL SPEAKERS WILL BE LIMITED TO 3-MINUTE PRESENTATIONS (at the discretion of the Chair, this 3-minute allowance may need to be adjusted depending on the level of business coming before the City Commission) V. ADMINISTRATIVE: A. Appointments to be made: Appointment Length of Term To Be Made Board EXDiration Date I Ensler Adv. Bd. On Children & Youth Alt 1 yr term to 4/06 II McCray Adv. Bd. On Children & Youth Alt 1 yr term to 4/06 I Ensler Adv. Bd. On Children & Youth Stu/Non-Voting 1 yr term to 4/06 Tabled (2) II McCray Bldg. Bd of Adj & Appeals Alt 1 yr term to 4/06 I Ensler Cemetery Board Alt 1 yr term to 4/06 Mayor Taylor Code Compliance Board Alt 1 yr term to 4/06 Tabled (3) I Ensler Code Compliance Board Alt 1 yr term to 4/06 III Ferguson Education Advisory Board Alt 1 yr term to 4/06 IV McKoy Education Advisory Board Alt 1 yr term to 4/06 II McCray Education Advisory Board Reg 1 yr term to 4/06 Tabled (3) III Ferguson Education Advisory Board Stu 1 yr term to 4/06 Tabled (2) I Ensler Library Board Alt 1 yr term to 4/06 II McCray Library Board Alt 1 yr term to 4/06 Mayor Taylor Recreation & Parks Board Alt 1 yr term to 4/6 II McCray Senior Advisory Board Alt 1 yr term to 4/07 Mayor Taylor Employees' Pension Board Reg 3 yr term to 4/08 2 Agenda Regular City Commission Meeting Boynton Beach, Florida May 17,2005 VI. CONSENT AGENDA: Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments. A. Minutes: 1. Agenda Preview Conference - April 29, 2005 2. Regular City Commission Meeting - May 3, 2005 B. Bids and Purchase Contracts - Recommend Approval - All expenditures are approved in the 2004-2005 Adopted Budget. 1. Approve the purchase from DGG Taser, 25 M-26 advanced air tasers in the amount of $28,195.00. The City's Risk Manager has reviewed the Police Department's Taser Training Procedures and has found them acceptable. DGG Taser is a sole source manufacturer. 2. Accept the written report to Commission of purchases over $10,000 for the month of April, 2005. 3. Approve a two-year extension on the current lease agreement with Resun Leasing of West Palm Beach, FL., for the modular that provides temporary office space for Code Compliance. Bid #049-2511-04/JA, in the amount of $916.58 a month for a total expenditure of $21,997.92. 4. Award the Bid for "Co-op Road Construction Materials", Bid # 034-1411- 05/JA to various vendors: Austin Tupler of Davie, Florida; Camarra's Inc. of Deerfield Beach, FL; D.S. Eakins Corp. of Lake Park, FL and Community Asphalt of West Palm Beach, FL, for an estimated expenditure of $132,819.00. 5. Award the "Two-Year Bid for Hydraulic Cylinders and Valves, Parts and Repairs", Bid #030-1412-05/0D, to Construction Hydraulics of Lake Worth, FL., for an estimated annual expenditure of $35,000. 6. Award the "Three Year Lease of Seven (7) New and Unused 2005 Saturn (VUE) Vehicles", Bid #033-2110-05/0D to Saturn of West Palm Beach for $330.82 per month per vehicle plus an additional $17.72 per month for the maintenance agreement. Each vehicle would be $348.54/month for a total expenditure for the seven (7) vehicles of $29,277.36/Year. (Proposed Resolution No. R05-075) C. Resolutions: 3 Agenda Regular City Commission Meeting Boynton Beach, Florida May 17,2005 1. Proposed Resolution No. ROS-076 RE: Approving and authorizing an Agreement for Water Service Outside the City Limits with Armando Corzo for the property at 1237 Highview Rd. Lantana, FL (Ridge Grove ADD NO 1 L TS 187 & 188). 2. Proposed Resolution No. ROS-077 RE: Approving and executing the Agreement between Palm Beach County and the City to provide funding to offset costs for HeritageFest 2005. The funding in the amount of $9,000 is made available from the County's Recreation Assistance Program (RAP) District 7. 3. Proposed Resolution No. ROS-078 RE: Approving and executing the Agreement between Palm Beach County and the City to provide funding to offset the cost of purchasing uniforms for participants in the Recreation & Parks Department Cheerleading Program. The funding, in the amount of $2,500 is made available from the County's Recreation Assistance Program (RAP) District 7. 4. Proposed Resolution No. ROS-079 RE: Authorizing the Recreation and Parks Department Director, Wally Majors, to apply for and administer the Florida Fish & Wildlife Conservation Commission grant on behalf of the City of Boynton Beach to construct day docks, a fishing pier and boardwalk at Jaycee Park. 5. Proposed Resolution No. ROS-080 RE: Authorizing the Recreation and Parks Department Director, Wally Majors, to apply for and administer the Florida Fish & Wildlife Conservation Commission grant on behalf of the City of Boynton Beach to renovate restrooms and dredge the channel at Boat Club Park. 6. Proposed Resolution No. ROS-081 RE: Approving the revision of a Conservation Easement north of the eastern terminus of Boynton Beach Boulevard (and extension thereof) and east of the existing stormwater encatchment area in accordance with the South Florida Water Management District (SFWMD) Permit No. 50-04166-P in order to preserve and/or mitigate existing wetland, encompassing an additional 0.10 acres in connection with the CRA Promenade project. 7. Proposed Resolution No. ROS-082 RE: Approving and ratifying the interlocal agreement between the City of Boynton Beach, the County of Palm Beach and the Metropolitan Planning Organization (MPO) regarding the process for reduction of right-of-way and travel lanes as depicted on the MPO thoroughfare map. 8. Proposed Resolution No. ROS-083 RE: Approving the Federal Equitable Sharing Agreement between the Department of the Treasury, Department of Justice and the City of Boynton Beach. 4 Agenda Regular City Commission Meeting Boynton Beach, Florida May 17,2005 9. Proposed Resolution No. ROS-084 RE: Authorizing and allowing the City Manager to enter into an Agreement for Professional Engineering Services with Jordan, Jones and Goulding, Inc. for design, permitting, bid phase services and services during construction for the West Water Treatment Plant Improvement Project. 10. Proposed Resolution No. ROS-08S RE: Ratifying a Memorandum of Understanding between the City of Boynton Beach and the National Conference of Fireman & Oilers, SEIU, AFL-CIO, Local 1227 (blue collar) for the purpose of modifying an existing Collective Bargaining Agreement between the City and the Union. 11. Proposed Resolution No. ROS-086 RE: Ratifying a Memorandum of Understanding between the City of Boynton Beach and the National Conference of Fireman & Oilers, SEIU, ALF-CIO, Local 1227 (white collar) for the purpose of modifying an existing Collective Bargaining Agreement between the City and the Union. 12. Proposed Resolution No. R05-087 RE: Ratifying the action of the South Central Regional Wastewater Treatment & Disposal Boa rd. a. Authorization for the Chairman to sign the interlocal agreement for the delivery and use of reclaimed water with Boynton Beach, effective as of October 1, 2005. b. Authorization for the Chairman to sign the modified agreement dated 03/16/05 with Solid Waste Authority for South Central to participate in the construction and operation of the Biosolids Pelletization Project. Construction cost of $6,195,683 to be split 50/50 from each City's capital funds. c. Authorization to sign the Interlocal Agreement for the delivery and use of reclaimed irrigation water with Delray Beach, effective when Delray Beach begins receiving reclaimed water. d. Assignment Agreements for the following golf courses: Delray Dunes, County Club of Florida, Hunters Run, Pine Tree Golf Club and Quail Ridge Country Club. 13. Proposed Resolution No. ROS-088 RE: Accepting proposal from C. R. Dunn Inc. to furnish and install 32 square concrete poles with four 1000-watt metal halide fixtures at the Tennis Center around courts 1-10 & 13-14 at a cost not to exceed $215,120.00. 5 Agenda Regular City Commission Meeting Boynton Beach, Florida May 17, 2005 14. Proposed Resolution No. ROS-089 RE: Accepting proposal from Martin Fence Co. to remove existing chain link fence at the Tennis Center around courts 1-10 & 13-14 and furnish and install new fencing at a cost not to exceed $80,010.44. 15. Proposed Resolution No. ROS-090 RE: Approving and authorizing Addendum I to the Grant Contract with Florida Communities Trust to extend the grant contract deadline from June 1, 2005 to September 1, 2005. D. Ratification of Planning & Development Board Action: None E. Ratification of CRA Action: None F. Preliminary review of request to amend Land Development Regulations, Chapter 2 (Zoning) and Chapter 10 (Telecommunication Towers and Antennas) to allow cell towers within the Suburban Mixed Use (SMU) zoning district as stealth towers, integrated into the architecture of a mixed-use project. G. Authorize the use of $1200 of Community Investment Funds to Utel, Inc. by Commissioner Ferguson. VII. CODE COMPLIANCE & LEGAL SETTLEMENTS: A. Approve settlement from court ordered mediation in the amount of $11,000.00 in the case Lola & Judd KaHan vs. City of Boynton Beach. VIII. PUBLIC HEARING: 7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission None IX. CITY MANAGER'S REPORT: None X. FUTURE AGENDA ITEMS: A. Management of Colors along Congress Avenue, Federal Highway, Gateway Boulevard and Boynton Beach Boulevard. (TABLED ON 8/3/04 based on review by Planning & Development Board and CRA)(TBD) 6 Agenda Regular City Commission Meeting Boynton Beach, Florida May 17,2005 B. Hurricane Design for City BUildings.(6/21/05) C. Workshop regarding City Hall/Public Safety Space Needs Report (8/2/05) D. Proposed Lease Agreement with Boynton Woman's Club (6/7/05) E. City Manager's Evaluation (October 2005) F. Intralocal Agreement between City and CRA - Old High School (6/7/05) G. Intralocal Agreement between City and CRA -- Heart of Boynton Land Purchases.(6/7/05) XI. NEW BUSINESS: A. LDR Revisions (CDRV 05-007) Consider proposed modifications to Land Development Regulations (LDR) relative to residential district building setbacks, and regulations for fences, walls and sheds. XII. LEGAL: A. Ordinances - 2nd Reading - PUBLIC HEARING 1. Proposed Ordinance No. 05-008 RE: Annexing 18.44 +/- acres of land that is contiguous to the City Limits within Palm Beach County and that will, upon annexation, constitute a reasonably compact addition to the City Territory. (High Ridge/New Urban Communities) 2. Proposed Ordinance No. 05-009 RE: Amending Ordinance 89-38 by Amending the Future Land Use Element of the Comprehensive Plan for a parcel owned by Paramount Investment Group changing the Land Use designation from Medium Density Residential and Low Density Residential (Palm Beach County) to Medium Density Residential (MDR). (High Ridge/New Urban Communities) 3. Proposed Ordinance No. 05-010 RE: Rezoning a parcel of land on the Northwest Corner of High Ridge Road and Miner Road from Single Family Residential (RS) to Planned Unit Development (PUD). (High Ridge/New Urban Communities) 4. Proposed Ordinance No. 05-011 RE: Amending the Comprehensive Plan for a parcel owned by Knollwood Groves Inc. changing the land use Designation from Agriculture (A) to Low Density Residential (LDR). (Knollwood Groves) 7 Agenda Regular City Commission Meeting Boynton Beach, Florida May 17,2005 5. Proposed Ordinance No. 05-012 RE: Rezoning a parcel of land owned by Knollwood Groves, Inc. from Agricultural (AG) to Planned Unit Development (PUD). (Knollwood Groves) 6. Proposed Ordinance No. 05-024 RE: Amending the Land Development Regulations, Chapter 2., Section 8 A.4. to allow carwashes as a conditional use in the M-1 Zoning Districts. 7. Proposed Ordinance No. 05-025 RE: Adopting the Future Land Use Map in Geographic Information System (GIS) format, pursuant to the requirements of Chapter 163.3177(6)(a), of the Florida Statutes. B. Ordinances -- 1st Reading 1. Proposed Ordinance No. 05-023 RE: Allowing a maximum building height exceeding forty-five feet in height but not exceeding seventy-five feet in height in a PID Mixed Use POD, providing application for building with a height exceeding forty-five feet to be processed as a conditional use. (Quantum Park MU Height) 2. Proposed Ordinance No. 05-026 RE: Requesting abandonment of a portion of an unimproved 30-foot wide road on the south side of Old Boynton Road approximately 300 feet west of Winchester Park Blvd. (Florida Public Utilities) 3. Proposed Ordinance No. 05-027 RE: Requesting a new thirty (30) year electric franchise agreement with Florida Power & Light Company (FPL) providing for the payment of fees to the City of Boynton Beach for the nonexclusive right and privilege of supplying electricity and other services within the City free of competition from the City of Boynton Beach, pursuant to certain terms and conditions. C. Resolutions: 1. Proposed Resolution No. R05-091 RE: Authorizing execution of an Intralocal Agreement Between City and CRA regarding the Boynton Beach Promenade Extension. 2. Proposed Resolution No. R05-092 RE: Approving a contract with the Metropolitan Center at Florida International University to prepare proposed Commission district boundary maps, based on the 2000 Census. D. Other: None 8 Agenda Regular City Commission Meeting Boynton Beach, Florida May 17,2005 XIII. UNFINISHED BUSINESS: A. XIV. ADJOURNMENT: NOTICE IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEmNG, HE/SHE WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE, HE/SHE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. (F.S. 286.0105) THE CITY SHALL FURNISH APPROPRIATE AUXILIARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN INDIVIDUAL WITH A DISABILITY AN EQUAL OPPORTUNITY TO PARTICIPATE IN AND ENJOY THE BENEFITS OF A SERVICE, PROGRAM, OR ACTIVITY CONDUCTED BY THE CITY. PLEASE CONTACT JOYCE COSTELLO, (561) 742-6013 AT LEAST TWENlY-FOUR HOURS PRIOR TO THE PROGRAM OR ACTIVITY IN ORDER FOR THE CITY TO REASONABLY ACCOMMODATE YOUR REQUEST. AGENDA 5/16/20054:02 PM S :\CC\WP\CCAGENDA \AGENDAS\ YEAR 2005\050305.DOC 9 III.-ANNOUNCEMENTS &. PRESENTATIONS Pyle, Judith Item B.l E:rom: Segal, Wayne ent: Wednesday, April 27, 200511 :32 AM fo: Pyle, Judith; Prainito, Janet Subject: RE: Final Draft Agenda 5 03 05 This was a good reminder. For the meeting on the 17th, under Community & Special Events: Friday, May 20, Oceanfront Concert Series at Oceanfront Park, 6-9 P.M. will feature Snakeboy Johnson Band (Blues/Rock) . Thanks. -----Original Message----- From: Pyle, Judith Sent: Wednesday, April 27, 2005 8:52 AM To: Blasie,Scott; Boateng, Kofi; Bressner, Kurt; Byrne, Nancy; Cherof, James; DeCarlo, Dan; Farace, Virginia; Fleming, Paul; Gage, Marshall; Greene, Quintus; Hall, Ken; Hawkins, Wilfred; Hudson, Dick (Orran) ; Hutchinson, Douglas; Immler, Matt; Johnson, Don; Jordan, John; Kelley, David; Levant, Brenda; Livergood, Jeffrey; Magazine, Chuck; Majors, Wally; Mummert, Bill; Munro, Mary; Ness, Jim; Penn, Anthony; Reep, Sam; Rivers, Jody; Roberts, Christine; Rumpf, Michael; Segal, Wayne; Sherrod, Octavia; Spoerri, patricia; Wallace, Peter Cc: Breese, Ed; Byers, Sarah; Claude, Sherri; Conboy, Barb; Costello, Joyce; DeFosse, Freda; DeMauro, Dominic; Doppler, Carol; Kemmer, Rodger; Kribs, Carol; Leblanc, Paula; LeJeune, Carisse; Lyons, Thelma; Mann, Cynthia; McDeavitt, Cathy; Moroney, Sue; Munro, Michael; Owens, Monique; Pfiel, Dawn; Reamsnyder, Debbie; Robertson, Vicki; Scire, Ruth; Swanson, Lynn; Tucker, patricia Subject: Final Draft Agenda 5 03 05 Please review the Final Draft Agenda for the May 3rd Commission Meeting and advise me of ny corrections. THANK YOU! Judith A. Pyle Deputy City Clerk City of Boynton Beach 561-742-6062 1 III.-ANNOUNCEMENTS & PRESENTATIONS Item C.! BOYNTON VETERANS COUNCIL 11\T ~-\) AMERICAN LEGION POSTS 164 & 288 DISABLED AMERICAN WAR VETERANS POST 152 VETERANS OF FOREIGN WARS POST 10150 JEWISH WAR VETERANS POST 440 KOREAN WAR VETERANS CHAPTER 17 USSVI SOUTH FLORIDA BASE Bob Zimmerman Charles Strauss, secretary 811 SW 18th Street 5669 Caruso Court # 103 Boynton Beach, FL 33426 Boynton Beach, FL 33437 561 ~ 736-7686 561-374~9l59 April 21, 2005 -- T 0: Mayor Gerry Taylor -.; -, ,~;~ --.{ -<,- Kurt Bressner -. -. Janet Prainito, City Clerk I =':J " f"\..) "',".' Marshall Gage, Police Chief (.J¡ ,-j Walter Majors, Parks and Recreation u "-. - - :-:, -...~ -...'4.. Lt. Richard Root, Police Honor Guard -- '--.} fo;) ----'-.;- '--<¡- ,,¡co -- ë==:ï f"r1 ¡-...... The Boynton Veterans Council will hold their annual Memorial Day ceremonies on ...~~ --)p .' <J Sunday May 29th, 2005 at 2 pm. ~ This letter is written confirmation to City Hall that we are requesting the useage of the Boynton Memorial Cemetery, as well the setup of the tent, seating and Speaker System. Your Parks Department is familiar with the requirements of this program. We are also asking for assistance in grave decoration for Friday 27th, Ms. Jan Johnson will be directly contacting you with the details. It would also be appreciated if the City would issue a Proclamation in Honor of this event. Mayor Taylor is invited to to present this Proclamation at this program and be our Keynote Spreker. It is our pleasure to invite all the City Commissioners toatttendand they will be introduced to the attendees. Please confirm the date the Proclamation will be read at the City Council, so we may have repesentative accept it. The Police Department Honor Guard is also requested and the Firing Squad to fire the salute. The program will open promptly at 2pm and we are requesting the Honor Guards report no later then 1.45 pm. Please confirm all the above requests as soon as possible in order for us to complete the program After the conclusion of the ceremony. We will be serving light refreshments to all the attendees at AL Post l6410cated at 571 W Ocean Avenue. We sincerely appreciate your help and understanding for all these requests and early confirmation, as this is necessary for us to set up the program. ..:, '~;. . , I WHEREAS, Monday, May 29, 2005 has been declared Memorial Day and has been I designated as a national holiday by legislative enactment; and . , WHEREAS, the Citizens of this Nation, the State of Florida, and the City of Boynton Beach, live in freedom because of the sacrifices and contributions made by those who served in the Armed Forces of the United States of America in time of national danger; and WHEREAS, Boynton Beach Memorial Park is the final resting place for so many of our 1 citizens who sacrificed their lives for their country, I declare this ground to be hallowed ground sacred to their;. memories; and j WHEREAS, the Veterans Council of Boynton Beach, representing all veterans' posts in Boynton Beach, is hereby commended for its efforts in promoting this Memorial Day ceremony for our veterans who served in all wars; and WHEREAS, during peacetime there have been occasions when our active military personnel have become casualties due to the hazardous nature of their duties; and ~, WHEREAS, these servicemen and women deserve only the highest honors equal to those who died in combat. NOW, THEREFORE, I, Jerry Taylor, by virtue of the authority vested in me as Mayor of ::, the City of Boynton Beach, Florida, do hereby proclaim Sunday, May 29, 2005, asf "THE BOYNTON VETERANS COUNCIL MEMORIAL DAY CELEBRATION" in the City of Boynton Beach and urge all citizens to remember the sacrifices and contributions of all those who served this Nation in time of war to preserve our cherished heritage of freedom, and further urge that we all join together to commemorate our veterans with an appropriate observance at 2:00 p.m. at Boynton Beach Memorial Park and by prayers in our homes and houses of worship. IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the City of Boynton Beach, Florida to be affixed this 17th day of May in the Year 2005. Jerry Taylor, Mayor ..~~' City of Boynton Beach ATTEST: City Clerk (Corporate Seal) S:ICCIWPICCAGENDAIProcJamatioosIYear 20051Boynlon Veterans Council Memorial Day Celebration - 2004.doc III.-ANNOUNCEMENTS & PRESENTATIONS THE JOHN Scurr DAILEY Item C.2 FLORIDA INSTITUTE OF GOVERNMENT AT FLORIDA STATE UNIVERSITY April 25, 2005 Carl McKoy Commissioner City of Boynton Beach P.O. Box 310 Boynton Beach, FL 33425 Dear Commissioner McKoy: On behalf of the John Scott Dailey Florida Institute of Government and the Florida League of Cities, I am pleased to award this certificate to you for the completion of the Advanced Institute for Elected Municipal Officials held April 15 - 16 in Tampa, Florida. We hope that you found the program challenging and worthwhile. We encourage you to take advantage of other training opportunities through the League and the Institute of Government. In the event you receive public questions about the Advanced Institute I have enclosed a sample press release that might be helpful. We strongly believe that your attendance at the Advanced Institute is indicative of your continued commitment to improving the quality of municipal government in Florida. If we may be of assistance in the future, please do not hesitate to call upon us. Sincerely, éJA·¿~ -!l. Jeff Hendry Associate Director enclosure 325 John Knox Road, Building 300 · Tallahassee, FL 32303 Telephone: (850) 487-1870 · Fax: (850) 487-0041 · http://iog.fsu.edu · email: fig®mailedsu.edu tv $'> 0 ~ O~~ß<>O 0 ~ '"-' c::: J::"=' c:. -< U1 ...... i4î z ~ ...... > » w ~ñQ%-z Cl. t1 \ .1 = <--:l 0 () < +-t- > '0 S Q-I e ~ ~. ~ ?; F> 0 g :::: 00 Cl. H -, 3 ::J ~ ~ 3 (J) ~ t..S: ~+-t- o Vi' Ë ~ v-. r-t- -- -, þ CD;-o. 0;:,0 ~ --h~ 3' 0::S ~ Q +-+. CD t..S: ~ Q. m '- .... () - ß ° .... Q CD '5 3' ...... 0 ..... (") g> CD 0 t:) 0 (j);-o. OJ:! ~ ~ a. ~ ~ 0 ....__ ~ ~ 0;:,:;;;... ~ ~ · <if r- '" ro ::... c ~ '00:::: CD ~ ~,...... '1:$ ~CDO - ,. ::J ~ 'g. ~ (");:::: -. ....... -. CD O. ....... 0 (") Q -, .... -. ...... CD°eD ~ ~~ s- 0 Q t..S: ro ......... .. -. 0- ..---.- "< '" '<; - -->. . ~ ~CD 0 ~ - c: en t:t o __~ it CD S- =t: " 0 0 _. ~ ~. (") ¡¡¡ "' G) CD _ . ~ 0 0 " n, Ë o. "' Q .... -- CD (J) <1> <1> :3 8.9 :3 G).., CD o <1> ::J <Q. -- <1> 0 .., .., :J 3 <1> :J -, III.-ANNOUNCEMENTS & PRESENTATIONS Item C.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 o AprilS, 2005 March 14,2005 (Noon.) D June 7, 2005 May 16,2005 (Noon) D April 19,2005 April 4, 2005 (Noon) D June 21,2005 June 6, 2005 (Noon) D May 3, 2005 April 18, 2005 (Noon) D July 5, 2005 June 20, 2005 (Noon) ~ May 17,2005 May 2, 2005 (Noon) D July 19, 2005 July 5, 2005 (Noon) D Administrative 0 Development Plans NA TURE OF D Consent Agenda 0 New Business ('") AGENDA ITEM 0 0 .....'",\ ,-) -i Public Hearing Legal :-. .-4~ ~ ..-...~ D Bids D Unfinished Business -'C-:" -. . ~---- ~:\_J '~'!1 ,-) ~ 0 Presentation -;:) -(P Announcement r<> '-1;.::) "J -< D City Manager's Report ',,-C.J ~:-~: :.~; - RECOMMENDATION: Recognition for the more than 100 volunteers who participated in the 2005 Great A~ric~% Clean-up held in the City of Boynton Beach Saturday, April 9th. Certificates of appreciation will be issued to JI:& S?, ~ participants during the commission meeting.' ::t: EXPLANA TION: On Saturday, April 9th the City Of Boynton Beach participated in its sixth annual Great American Clean-up. Neighborhoods and organizations participating included Golfview Harbour, Bethesda Memorial Hospital, Boynton Terrace Neighborhood Assoc., Village Royale on the Green, Four Seas Sun Condo Association, Boynton Hills Neighborhood Assoc., Poinciana Heights Neighborhood Assoc., MAD DADS of Boynton Beach, and The Department of Juvenile Justice, 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. PROGRAM IMPACT: The above organizations and citizens 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. AL TERNA TIVES: There is no current funding available for this project out ide of the above-mentioned program. ~ C~~-l0 Department Head's Signature Neighborhood Services Department Name City Attorney / Finance / Human Resources S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC III.-ANNOUNCEMENTS & PRESENTATIONS Item 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 ý! Meeting Dates in to City Clerk's Office Meeting Dates to City Clerk's Office o April 5,2005 March 14.2005 (Noon.) o JlD1e7,2005 May 16,2005 (Noon) o April 19, 2005 April 4, 2005 (Noon) o June 21,2005 June 6. 2005 (Noon) o May 3, 2005 April 18, 2005 (Noon) o July 5, 2005 June 20, 2005 (Noon) [8] May 17,2005 May 2. 2005 (Noon) o July 19,2005 July 5, 2005 (Noon) 0 Administrative 0 Development Plans NATURE OF 0 Consent Agenda 0 New Business AGENDA ITEM 0 Public Hearing 0 Legal 0 Bids 0 Unfinished Business 0 Announcement ~ Presentation 0 City Manager's Report RECOMMENDATION: Recognize private citizen Donald Bryant for having presented a check for $10,000 to Principal Guam Sims of Galaxy Elementary School to fund needed projects at the school. EXPLANA nON: The donation is a result of the Education Advisory Board's Principal for a Day event. Mr Bryant heard about the event and followed up to learn what was needed at Galaxy Elementary. After receiving 19 proposals from the Principal, Mr Bryant selected the projects and donated $10,000 to fund them. The citýs EAB hopes to ignite publiC interest in donating and/or getting involved with our public schools. PROGRAM IMPACT: Among the proposals Mr. Bryant wiD be funding are: .r Three DeD computers for the first..grade classrooms; .r Kindergarten through second grade writing program; .r ProvIde additional resources for teachers to effectively instruct primary students in the area of writing; .r Improve writing skills of kindergarten through second grade; .r Additional resources for teachers to instruct students in the area of writing; .r Scholastic Reading Counts Books. This is an independent reading program designed to increase students' interest in reading and improve their reading skiDs for the fifth grade; .r Scholastic Reading Counts for the fourth grade; .r Scholastic Reading Counts for the third grade; .r National Geographic Non-flCtional reading booklets for fluent readers to increase student exposure to non-ftctional reading material and to improve the reading skills of Galaxy studentS - kindergarten through fifth grade; FISCAL IMPACT: NONE to the city. ALTERNATIVES: Do not recognize this considerable private donation that could spur further individual donations to our local public schools. (t<~ KiIb City Manager's Signature LffiRARY Department Name City Attorney / Finance / Human Resources S:\BUlLETIN\FORMSIAGENDA ITEM REQUEST FORM.DOC Principal at needy school stunned by $10,000 donation -------------------- By Lois K. Solomon Education Writer May 7, 2005 Retiree Donald Bryant showed up at Galaxy Elementary School in Boynton Beach in October and announced he wanted to donate $500. That was just the beginning. Bryant told Principal Guam Sims on Friday he will give $10,000 to the inner-city school, one of the poorest in the Palm Beach County School District, where 80 percent of the children qualify for free lunches. "The school needs a lot of help they're not getting," said Bryant, 86, a Navy veteran and former life-insurance manager. "I want to wake up city leaders to get more active." Galaxy is a C-rated school that serves some of the city's neediest families. Sims said the school rarely gets donations, as schools in Palm Beach County's wealthier communities frequently do. Bryant, former chairman of the Bethesda Health Foundation, told Sims he would donate $10,000 if Sims listed the 10 items the school needed most. "I was stunned. I couldn't thank him enough," Sims said. "We've been perceived as a rough school with disorderly children and low test results. This doesn't happen very often." It took Sims a few months to develop the list, which included computers, library books and science materials. That was too slow for Bryant, who said he was accustomed to quicker decision-making in the business world. "You can forsake me," Bryant said Sims told him. "But don't forsake my kids." Bryant said he has been impressed with Sims' dedication to Galaxy, where he has been prindpal for two years. Sims said he is confident the school's state rating will rise to a B when school grades come out in June. With his health failing and his mobility limited, Bryant said, he is not planning to visit Galaxy too often in the next school year. But, he said, he does expect regular reports on how the school has been using the donation. Jean Cairo, chairwoman of Boynton Beach's Education Advisory Board, said she hopes the donation spurs more retirees and business people to get involved in the local schools. She said retirees' efforts often are directed at suburban schools, which have more access to money and parental involvement. "We hope to use him as an example of getting more businesspeople into the areas of gravest need," she said. Lois Solomon can be reached at IsoIomon@sun-sentinel.com or 561-243-6536. Copyright (c) 2005, South Florida Sun-Sentinel ~h~' .. i . ~ -,,,- --_.~.- --- -~_.~ ---- .~g-g: 9- ~ p.~. CT?f- ~ $:~ ~ ~ ~ g "::í. ~ g ~ rJ- ~. ~ ~ ~5- ~ gõ ?f-.... ~ ij;"... ê ! ¡; ~ n -; ;::.:;. '" z . . '~'Ifo Do;¡ ¿¡¡~;¡;'~Ø!¡¡!!:E¡ ?,"¡,¡¡fo"'~p. -[~"'~~ 5:~ E.;:+.... ::r: "" !!:0t;;ß; ~<p[ ::I:~~ê"~E. ;",..;;lß; ~ 0 ~ Z /,ð;~g.,!:! a ~ ~ ,,;~if~ œ:t ~;. ê ~.~~~~ ~~.~~~[ ro ~ (") po 0. :;30- P. '<::)?- ;<: ----~-~--~---- * Ii -g 5,5-s'g c';õ ~ :~ f:F7 V'J"'t:I ~ " I ~~~:;3 tt1~ ::3Q:;:c;:: n g f¡ .';1'- "'d!!¡::;'.:1 - ~ tø '" '" d; ........ ::r S !!.. Ii ~E.Ò,¡;;",n~r:;'>t;; 0 . ;., Ii Õ'~8QIU = CTc;O (þ =~ ~ 0 c , -"'tø "'-"'o.:r '" C· 0 () æ. 3 'I ;t~g g.;[~'õ6·¡¡¡~;¡q 0 £. ..... I (þC>nO~~....D..03::3 <t"'" 0 Þ-t:::) ~¡ §~ ~]2.E::~~ g 8-m ~ =~ r:/J e.. , ",0 ,., ,.".,~ p.. 13 ~ ¡! œg;~~-6' ~;;~~ 0 Çù Ii . g,~~~~ gg.g.~ ~ =:s ,...;.. II ~~("Ø~O~?ID g;- P) (t) ::1 H ~::r-g gi» -15:::5' t:t 0- rc il ::;rO 0"0'" :TO:::3 ~ . ('D I -~~-" "'Ctø 0 I' ¡¡:ö"'~~ ;~o[ crP-. ,I '" o;';:':r3 '" "'š" ~ '< '< J, 00.. _0" , ji -J~"g 2: :r[;' .g ()g.==~ ~~ z;. ~ !i ~g.ri3~~~~3~go~:¿C1~~~~~ . !I Q..::!.~.~ ~ ~o go t!.~ê-.(/)œ ~~:3 ';::r I O~<O~_~ ID~ o~~i» <~~ (D \1 ~ g. ~~ : ~ ~ ~ ~~ g- tI1~ ~ ~ å ~ ~ g * ~ ~ ~ il ~~€=:FTË §~õ" ~=~~t;j.~~;oqo- p.... i ~~ID~~ga~ª ~:~g,~3~~~g ,.. II "'O=3-'OUJ(1)"'t1C11 ::Tn_;' 0 1;:113_.- 0 íJ) i '8 þ) c ~ p.g.~g ri ëÐg-~m Q~ ¡[~ ~ Þ-'. Ii ::I::I(Jq!;l' 80::l::T "'Otr.l!::·"'~þ)-;:CÐ n r-i" :¡ ~::~æ.;;'_bg-~. 8tñg.Q;'aggg;g. r:I'J > ~ Ii .:1 ° 0 0. 0 ::J 0::t 3 3 -, 0 ",' 0. <' - 3 -. il ~::r'1;:¡::nÞ~o 3=='0::3 !Þ°œo..,) ,.. 'I 0_0::<:-"'....0'" "0-",,,, .~-'" ! ¡fŒ~"'g-!t~__g §E.õJ~g. ~S;.:1§" 0 0 ! ~~~~~~s~= ~3~;·0 CÐ'~O I' ~C'D,..,.(þ,..,.9UJO'o" CDttI-rnO ¡::_..-+...... ~ p ~~g-;@~~(þ ~~~::.: -g;;oo::r d ;:;-''''0'-''''3tø "'o"'š:r _,C"'''' = ~ Ii ~t{'::J;.s;- O-tr.o/ ?::r(Z,~ q-..,,~-õ 0 !I 5-"S?!'- ~ ~ ~ ~ ~ c.!:!è D'e! ;Jg¡.g ~ ~ !; ~ ø :::-;~g:r(/)~ ::r::;'·tcC1.g t~'O:ø'" g;.- :i ;§~::+::Jg§'. ~:rQ!I!~~~g::r-I»~:::: 0 i Ä :,::::rr!;;,:", ~~~ ~c:3 '" ~~¡;;:g 0 11 ~~[[g-~~ ~~;;; ~£SD~:g~-~ S' " :ro"':r~"'-' ",." _.0!"'O","~~3 I g$.P.~(JQ;-Q. ooc.ë: 33' notngf/l ~ I ~~ttI=~;::r g"[g" -:ot;i =;~ ~rJ!}œ ()q :1 re ~~;:m g.~. g ~.¡ ~~~õ~ ~~ff 8 " ",,",,8'· '"~ .' oo¡.., §: I' ~~.o"g "g. 0.'0'0'. ii ~"",~.C:~=::3 ~._§ :::: :5·õtt1~o.~ 0 II.g,.o,"" '0, o.¡'.~",," (1) ::rC1. en _ .., tn ~ 3"'" 8 ¡ ~O~:rs-~g _C)"O ~I)~õ':3~-g0 . i ....~_~.~__ o~~ ~aor~CII 0- i ,p.g~a§~- ~Ø)f2 CIIg:5:~~;'C:~ r:I'J ' ::r'--OOCII 0" ~nÞ 3_.· ~::r~;nÞ i (1:I::J.....,·wrt> o~o."<o. ,0..'1 g;¡;;-¡;- i ;'2, ~ ~~ "'''S?.{g tøõ g5-% ~ -2..fñ· I (þ(Jq~~<();~C~::Ic.....::ICf>CII "'0 ~o~ ~a ~CII~!;I'O;'" ~. ~UJ Z oA. 3 0 CII ::1. (þ ~. 3 a. !!.tJ'Q S P. tc ==' ::T 10 ~oõ ß;o:r o",o.~o",go o~ c:> ~®3 ~(Jq.g £@;;;s·;e.n $I) £.~ I w"'o 13"'~",c::t<~0.~~:rg ~§~ gÕ8g~~~~~~9 ~~ cn8 ~CÐ~CÐCÐr;œ(iiCÐtI1g. O"O'Q ~ ~~ a[CÐ~~~;;~g~!. Æ~ . J:l:ft) :J2?E õ=::t l»"I;Jn~:s~ þIIIiIIII& i ~, 1°3 3",!~0"'a c_ ~ "'''' '" 0 ",0."'_.0 "'''' ~ > ~ c ~ ~ ~ o::r UI - r::J' - 0 a 5''0 "< :3 g. fi"g ~ iª- g. g ~. go:3 ~ ~ ~ ;-.J ~~ ~~~ ~~g~o~~2, ;'" ~ ,a ~~ i~~:rmg~~ 0.8 ~ ø....., .,¡f. 8"Oa;"0 O:r <.~"14.~i,t·"'~:·i..~,i~it""".'~:¡''';'~.·#>''~'eiw,,,''Ø ·~-.f-8~'4 ::s 0 . Y:";'tP:'t'~::~~;;;':f.J§f¡i~~~;~¡;',~,~"~,~.·,,,~>< >,', ~ c5/ ; ~c:""~'··'" '>,'/- ;, ,1't'i{<;~7 :à -- -- ~ ,M ,,'\Ii' "., ." (þ . c ,S::;", " '"i" ",:;¡",:" r '" , .,;3;. ,'¡I,~.'"ì, r / , ~"' ~' I ~~.. ,',' ' ~~);~" .' y,., ',~"'" í' ,~ ''W'' ~r ..'~ ' , 1'Il,;;¡'".1 . '~~'<5~"." ,"",' }¡ .¡JM 'f//IIIJ':':;:' ,,',!.I¡; ! , f //!é;;:":'" ' V. ADMINISTRATIVE ITEM A. APPLICANTS ELIGIBLE FOR APPOINTMENT 05/17/05 LAST FIRST 1 st CHOICE 2nd CHOICE 3rc1 CHOICE APPLICATION NAME NAME SUBMITTED Broenig Gerald Planning & Community 4/11/05 Development Board Development Agency Fitzpatrick Michael Planning & 2/25/05 Development Board Grcevic Sharon Planning and 12/20/04 Development Board Hammer Patti Recreations & Parks 3/16/05 Board Lender Wayne Community 1/28/05 Redevelopment Agency McMahon James Recreations & Parks Planning & 1/8/05 Board Development Board Yerzy Richard Building Board of Code 5/9/05 I Adjustments & Compliance Appeals Board JAP 5/11/20053:13 PM S:\CC\WP\BOARDS\APPMENTS\Board Year 2005\APPLlCANTS ELIGIBLE FOR APPT 05 17.doc VI.-CONSENT AGENDA ITEM B.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 o AprilS, 2005 March 14,2005 (Noon.) o June 7, 2005 May 16,2005 (Noon) o April 19, 2005 April 4, 2005 (Noon) o June 21, 2005 June 6, 2005 (Noon) o May 3, 2005 April 18, 2005 (Noon) o July 5, 2005 June 20, 2005 (Noon) ~ May 17, 2005 May 2, 2005 (Noon) o July 19,2005 July 5, 2005 (Noon) 0 Administrative 0 Development Plans NATURE OF ~ Consent Agenda 0 New Business AGENDA ITEM 0 Public Hearing 0 Legal 0 Bids 0 Un[mished Business 0 Announcement 0 Presentation 0 City Manager's Report RECOMMENDATION: Motion to approve the purchase from DGG Taser, 25 M-26 advanced air tasers in the amount of $28, 195.00. DGG Taser is a sole source manufacturer. EXPLANA TION: The City of Boynton Beach has been awarded a grant from the U.S. Department of Justice, Local Law enforcement Block Grant program to fund for taser equipment. PROGRAM IMP ACT: FISCAL IMPACT: LLEBG Funding 90% $25,375 City of Boynton Beach 10% $ 2,820 Total Funding $28,195 Funding is in account 105-3412-513-52-51 ALTERNATIVES: ø~ ~~ / Department Head's Signature City Manager's Signature Police Department Name City Attorney / Finance / Human Resources k-~,~'c....(Y\~L ~ ~~\~ ~<;.6(l... ~Q.",-,~,~ '" --pC) ù<;.c... ,~ çvl"C..e.. S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC ~ 00r-,f) "'Ct;;Þ. ~ \-~ ~ -\û ~ o-.u:...~\e... . . U.S. DEPARTMENT OF JUSTICE I . AWARD I --¡ OFFICE OF JUSTICE PROGRAMS 'y. 0 OlP GJ BlA 0 OJIDP GJ GRANT PAGE 1 OF 7 j ': LJ·" r-I = iJ o'c n coo""'m,^G"~"" I CHECK APPROPRIATE BOX ~I I. GRANTEE NAME AND ADDRESS (Including Zip Code) 4. AWARD NUMBER: 2004-LB-BX- I 572 Boynton Beach City _____ 100 E. Boynton Beach Blvd. I Boynton Beach, FL 33435-3899 5. PROJECT PERIOD: FROM 10/01/2003 TO 09/30/2005 I BUDGET PERIOD: FROM 10/01/2003 TO 09130/2005 I A. GRANTEE IRSNENDOR NO. 596000282 6. AWARD DATE 08/05/2004 7. ACTION- 2. SUBGRANTEE NAME AND ADDRESS (Including Zip Code) 8. SUPPLEMENT NUMBER 1::-1 ~ Initial o Supplemental ! -----J 2A. SUBGRANIEE IRSNENDOR NO. 9. PREVIOUS A WARD AMOUNT $000 jl 3. PROJECT TITLE 10. AMOUNT OF THIS AWARD $41.130 FY 2004 Local Law Enforcement Block Grants __ II. TOTAL AWARD $41,130 12. SPECIAL CONDITIONS (Check, ifapplicahle) n THE ABOVE GRANT PROJECT IS APPROVED SUBJECT TO SUCH CONDITIONS OR LIMITATIONS AS ARE SET FORTH I tlCJ ON THE ATTACHED 6 PAGES ~.._~ ~--- 13. STATUTORY AUTHORITY FOR GRANT I o TITLE 1 OF THE OMNIBUS CRIME CONTROL AND SAFE STREETS ACT OF 1968. 42 U.S.C. 3701, ET. SEQ., AS AMENDED D TITLE 2 OF THE JUVENILE JUSTICE AND DELINQUENCY PREVENTION ACT OF 1974 42 U.S.c. 5601, ET. SEQ_, AS AMENDED D VICTIMS OF CRIME ACT OF 1984,42 U.S.c. 10601, ET. SEQ., PUBLIC LAW 98-473, AS AMENDED GJ OTHER (Specify): Fiscal Year 2002, Departments of Commerce, Justice. and State, the Judiciary, and Related Agencies Appropriations Act (pub. L. No. 107-77) 14. FUTURE FISCAL YEAR(S) SUPPORT: SECOND YEAR'S BUDGET PERIOD: N/A AMOUNT OF FUNDS: N/A TYPE OF FUNDS: nURD YEAR'S BUDGET PERIOD: N/A AMOUNT OF FUNDS: N/A TYPE OF FUNDS: 15. METHOD OF PAYMENT THE GRANTEE WILL RECEIVE CASH VIA A LETIER OF CREDIT DYES [E] NO AGENCY APPROVAL GRANTEE ACCEPTANCE 16. TYPED NAME AND TITLE OF APPROVING OJP OFFICIAL 18. TYPED NAME AND TITLE OF AUTHORIZED GRANTEE OFFICIAL Domingo S. Herraiz Jeny Taylor Director Mayor 17 . SIGNATURE OF APPROVING OJP OFFICIAL 19. SIGNATURE OF AUTHORIZED GRANTEE 19A. DA IE çO.!i~ AGENCY USE ONLY 20. ACCOUNTING CLASSIFICATION CODES 21. Ll8MI 4 FISCAL FUND BUD. DIV. Ll02U01572 YEAR CODE ACT. OFC. REG. SUB. POMS X B LI W 00 00 OJP FORM 4000/2 (REV. 587) PREVIOUS EDITIONS ARE OBSOLETE -----.-.'. f TAS E R I N T E Pit N A TIC N A L. 7860 E. McCrain DrIve, Suite 2 . Scottsdale. Arizona· 85260 . 400-991-0797 . Fax 480-991.0791 . 'MWI.ll!ser.com November 7. 2003 Boyton Beach Police Department Artn: Purchasing Department To Whom It May Concern, This letter is to confirm T ASER" International, Inc. is the soJe source manufacturer of the less lethal ADVANCED TASER M26 Model 44000, AIR TASER Model 34000, MOdel 34001, Model 34100. Model 34120 and custom attachable laser sight, Model 34700. TASER International is also the sole source manufacturer of the patented, 1/S.foot air cartridges, Modél 34200, 34202, 34228 and the patented, 21-foot air. cartridges, Model 44200. 44202, and 44228. The air cartridges are required for the unit to function In the remote TASER mode. Below are just some of the unique features the ADVANCED TASER has that are not found with other T ASERs: .. The ADVANCED TASER is the only less-lethal weapon that can stop an aggressive, focused, combat trained attacker. * The ADVANCED TASER directly stimulates motor nerve and muscle tissue, causing incapacitationregardJess of mental focus. training, sIze, or drug induced dementia. . The ADVANCED TASER comes with an on-board rJÏlemory chip to download SB5 past firings based on the time and datè the unit was fired to protect officers from unfounded charges of misuse of force. * The ADVANCED TASER has over 99.9% field effectiveness rating. . The M26 is available with ct." option to remotely fire the aIr cartridge from underneath a rifle, robot, tactical mirror on a pole. camera, etc. . ..The ADVANCED TASER uses the exact same hand motions and muscle memory as Sfandard 9 mm semi-automatic pistols, drasticaUy rèducing the amount of time required to train. User training and Instructor training materials are all on CD-Rom for ease of reproduction for training. .. Propulsion System for air cartridge is compressed nitrogen (1800lbs/in2). Also, unique is the fact that we here at TASER International, Inc. automatically add your agency as an additionally insured party to our $5,000,000 per Occurrence product liabifi1y Insurance when you purchase the M26 ADVANCED TASER. The SoJeAuthorized Police Distributor in FlorIda & Georgia Is: DGG T ASER, Inc. 10034 Plank Lane Jac;ksonvl/le. Fl 32220 904-781-8184 Phone 9ò4-781-8194 Fax dggtaser@aol.com E-mail Please note the ADVANCED TASERGII, AIR TASERIþ and TASER. are registered trademarks. TASER-Wave"M ¡sa trademark ofTASER InternationaJlnc. Patent: U.S. 5,078,117 and others pending in the U.S. and Worldwide. Copyright 1999 TASER International, Incorporated. Please contact me at 480-905-2006 with any questions. Sincerely. ~j~ Stephen D. Tuttle Director of Government & Law Enforcement Affairs . ~ \ .. .. .__._._._----_.~._- .-- ---- '" '-. ~ . ... ... .,,""....'~- .,..... The City of Boynton Beach, Florida Risk Management Department MEMORANDUM TO: Kurt Bressner City Manager FROM: Chuck Magazine Risk Manager DATE: March 25, 2005 SUBJECT: Review of Police Policies on Tasers and Use of Force Per your direction, I have obtained copies of the Police Departments Index Code 404, M-26 Advanced Taser, dated March 15, 2005; Index Code 401, Use of Force, dated August 9, 1999; and, Training Bulletin Volume 1 Number 4, Continuum of Force, dated August 10, 1999. I have also obtained and reviewed the CD-ROM utilized for training in Taser use, provided by the manufacturer, TaserInternational, Version 10.0. I have conducted an internet search for specific police departments which the media have identified as having problems with the use of Tasers. These included Miami-Dade County Police Department, Douglas County, Kansas Sheriffs Department, Toledo, OH Police Department, Kansas City, Kansas Police Department, and Pensacola, Florida Police Department. Each of these jurisdictions had incidents where the use of taser on an individual was questioned. In each jurisdiction changes were made in their policy on the use of tasers. Our policy currently allows the use of tasers, "in response to a subject's passive resistance of an officer's legal efforts to gain compliance or retain control." The training provided to our officers places the use of tasers in the category of Soft Control - Passive Resistance. Examples of this resistance includes: 1. Flight 2. Tensing the muscles in a non-threatening manner 3. Going limp 4. holding or grasping a fixed object (i.e. pole, steering wheel, etc.) 5. Verbally refusing to comply without threatening the officer Other techniques to be used include: 1. Soft touch pressure (pressure point) 2. Joint locks (arm bars, wristlocks, etc. with or without leverage tools) 3. Take downs (with or without leverage tools) 4. Come-a-longs (with or without leverage tools) 5. O.C. Spray ] '',¿044 p~ & L044 ~ 7~ p~ S~" The other jurisdictions listed have apparently gone to a more restrictive use of tasers, that being when the individual exhibits active resistance. Miami-Dade allows its use to prevent a continuing escalating resistance or violence or to minimize injury, and when the behavior would cause harm to themselves or others and who has the apparent ability to carry out these intentions. Douglas County, KS Sheriff's Department has changed to its use only if an individual poses a danger to an officer, another person, or the individual himself. They get right to the point where they say it cannot be used on unruly, but not physically threatening people, to bring under control. Kansas City, KS Police had previously allowed its use when the subject is passively resisting, but changed it to actively resisting arrest. Pensacola, FL Police now authorize its use for active resistance during which suspects take actions to escape or avoid arrest, and their training has been doubled to twice a year. I have discussed when the use of tasers are most appropriate with Sgt. Sedrick Aiken, the senior instructor in taser training. He specifically trains our staff based upon the training CD-ROM which I reviewed. In most of the cases shown, the use of the taser was on an individual actively resisting. There were a number of examples shown where the officer was alone and used the taser to gain control of the suspect without having to use other physical means. My office has reviewed many cases over the years, of injuries, some serious, to officers trying to physically subdue a suspect. Some of these cases have led to IA investigations and even litigation. The use of tasers to gain control of an actively resisting individual does not seem to be in question. The issue seems to boil down to whether or not the taser is an appropriate means of controlling an individual before they can actively resist. The concern raised by Sgt. Aiken is that if a single officer attempts to gain physical control of the individual, who then begins to actively resist, that officer must then retreat before securing the taser and then using it. In many cases once the officer puts his hands on the subject, he must continue to apply increasing amounts of physical force or risks losing control of the situation. It may not be as difficult when there are multiple officers at the scene. However, from the number of incidents reviewed in this office that does not appear to be the case. I am unwilling at this time, to recommend a change in the use of tasers from passive to active resistance only. At the present time, officers receive initial training and annual refresher training thereafter. Each use of the taser is reviewed by the chain of command under the use of force policy. I recommend the following: l. The Index Code 404, Taser Policy, be revised and updated to include specific situational examples when the use of the taser is appropriate, and more importantly, when it is not appropriate. I will make myself available to assist if so requested. 2. The Index Code 401, Use of Force Policy, and Training Bulletin Volume 1 Number 4, Continuum of Force also be revised and updated to include specific reference to the appropriate use of the taser. I will make myself available to assist if so requested. 2 ''¿044 ?~ & L044 ~ 7~?'tðadWe S~" '~"'''''~ W'"...." ---""",,,..,,,,,,,,,.,,,,., 3. Training for all officers in use oftasers increased from one, to two times per year. 4. Review of all use of tasers not only reviewed by the chain of command, but also by a review committee made up of the taser instructors. I would also offer my services to serve on such a committee to review all such incidents on a quarterly basis. This committee would refer individual officers back for additional training where necessary, or to the Chief for IA actions. This committee would report the results of its review to the Chief and the City Manager. We have had only one reported incident of inappropriate use of a taser, and the police responded quickly and professionally to the incident. I have been offered the opportunity to participate in the taser training class, and I have accepted. I believe that the Police Department is capable of training and monitoring its people in this area. I will be happy to work with the Police Department in this area, and report back to you in one year, the results of this program if you so direct me. I apologize for the length of this memorandum, but felt it was important to cover all the issues. Please advise if you need additional information. RM/faserO I.doc 3 ''Lou 'P~ & ¿ou ~ 7~ 'P'tðadWe S~" Page 1 of 1 Magazine, Chuck From: Magazine, Chuck Sent: Thursday, April 07, 20054:25 PM To: Gage, Marshall Cc: Hawkins, Wilfred; Bressner, Kurt Subject: Taser Training In this date, I sat in on this class to monitor the training conducted. The training was conducted by Training Officers Sedrick Aiken nd Steve Schoenfeld. I found the training well organized and informative. I was impressed to see the emphasis put on safe use of Ie equipment and the appropriate deployment of the taser. The instructors stressed the need to use good judgment in when and here to deploy the taser. They used specific examples of when, and even more important, when not to deploy the taser. They :ressed the importance of protecting the officers and the subjects involved in the incident. I commend to you Officers Aiken and choenfeld for conducting an exceptional class on a difficult and provocative area of police work. Thank you and your staff for the pportunity to take part in quality police training. :huck Magazine ~isk Manager :ity of Boynton Beach, FL lagazinec@ci.boynton-beach.fI.us ;61) 742-6042 his e-mail transmission and any attachments is intended for the person(s) listed here on this electronic submission and no one else :; it might contain confidential & privileged information. If you have received this e-mail in error, please call the telephone number !ferenced above and please destroy all copies immediately. Thank you for your cooperation. 110/2005 VI.-CONSENT AGENDA 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 C]crk's Office Meeting Dates in to City Clerk's Office o AprilS, 2005 March ]4,2005 (Noon.) o June 7, 2005 May ]6,2005 (Noon) o April 19,2005 April 4, 2005 (Noon) o June 21, 2005 June 6, 2005 (Noon) .,j ~ ~- , ,<» --J o May 3, 2005 April 18,2005 (Noon) o July 5, 2005 June 20,2005 (Noon) "-, j :.~ -< -~:.... -<·c.) - ,:,. '"'-, -r¡ ¡g¡ May 17, 2005 May 2, 2005 (Noon) o July] 9,2005 Ju]y 5, 2005 (Noon) --'....... ,..~ I (:J N -," --( --;:: '-...- ..,~- - ~.; --~ 0 Administrative 0 Development Plans C:J ,-~ --.~" .~~ ..ñ- ¡g¡ 0 - -q NATURE OF Consent Agenda New Business .. -qCJ :::;1""1 AGENDA ITEM 0 0 (...'1 '~ )...,....." Public Hearing Legal VI ~....... ,- "'0 0 Bids 0 Unfinished Business :r: 0 Announcement 0 Presentation 0 City Manager's Report RECOMMENDATION: Motion to accept the written report to Commission of purchases over $10,000 for the month of April 2005. EXPLANATION: Per Ordinance 001-66, Chapter 2, Section 2-56.1 Exceptions to competitive bidding, Paragraph b, which states: "Further, the City Manager, or in the City Manager's absence, the Acting City Manager is authorized to execute a purchase order on behalf of the City for such purchases under the $25,000 bid threshold for personal property, commodities, and services, or $75,000 for construction. The City Manager shall file a written report with the City Commission at the second Commission meeting of each month listing the purchase orders approved by the City Manager, or Acting City Manager". PROGRAM IMP ACT: Ordinance 001-66, Chapter 2, Section 2-56.1 has assisted departments in timely procurement of commodities, services, and personal property. Administrative controls are in place with the development of a special processing form titled "Request for Purchases Over $ 1 0,000" and each purchase request is reviewed and approved by the Department Director, Purchasing Agent, Assistant City Manager, and City Manager. FISCAL IMPACT: This Ordinance provides the impact of reducing paperwork by streamlining processes within the organization as defined in our City's Strategic Business Focus. This allows administration to maintain internal controls for these purchases, reduce the administrative overhead of processing for approval, and allow for more timely purchases to be made. AL TERN A TIVES: Revert back to the old bid threshold of $ 1 0,000.00. ~~A--O Assistan to the Director of Financial Services Financial Services/Procurement S:\BULLETJN\FORMS\AGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH APPROVED REQUESTS FOR PURCHASES OVER $10,000 FOR MONTH ENDED APRIL 2005 1. Vendor: Paramount Purchase Amount: $ 20,885.73 Requesting Department: Fire Rescue Contact Person: Yvonne Westerman Brief Description of Purchase: Office furniture for new Fire Station 4. Source for Purchase: State Contract Fund Source: 305-4118-580-64-02 General Equipment 2. Vendor: Insituform Technologies, Inc. Purchase Amount: $ 10,177.00 Requesting Department: Utilities/Wastewater Collection Contact Person: Tony Lombardi Brief Description of Purchase: Emergency sewer main repair -- W. Sandpiper Drive and Gateway Blvd. Source for Purchase: Piggyback - Town of Palm Beach Fund Source: 401-2815-536-46-42 Sewer Main Repairs The purchases presented in this written report were approved in accordance with the provisions of Ordinance 2.56, and are now being presented to Commission as required. City Manager Approval: ~/~ Date: sl ø' Oe- Presented to Commission for information on May 17, 2005. 1 of 1 VI.-CONSENT AGENDA ITEM B.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 o AprilS, 2005 March 14,2005 (Noon,) o June 7, 2005 May 16,2005 (Noon) o April 19,2005 April 4, 2005 (Noon) o June 21,2005 June 6, 2005 (Noon) o May 3, 2005 April 18,2005 (Noon) o July 5, 2005 June 20, 2005 (Noon) r8J May 17, 2005 May 2, 2005 (Noon) o July 19,2005 July 5, 2005 (Noon) ~- -) 0 Administrative 0 Development Plans ,-')-, --:{--< NATURE OF r8J Consent Agenda 0 New Business -~~.. ~ - -}""" AGENDA ITEM 0 Public Hearing 0 Legal C"l 1',) , 1___.; 0 0 Unfinished Business ' ,...... '1_< Bids ~-' '...:¿:: 0 Announcement 0 Presentation ::~::. .) -=: '--' ~-~.~ ---)z 0 City Manager's Report '-0 .,,, 'TJ co C) -[11 0,,\> RECOMMENDATION: A Motion to approve a two-year extension on the current lease agreement with Resiifi ¡-qé-:> Leasing of West Palm Beach, Florida. Bid #049-251l-04/JA, in the amount of$ 916.58 a month for a total ....... expenditure of $ 21,997.92. EXPLANATION: At the Commission meeting of May 16,2000, this bid was awarded to RESUN LEASING, INC. of West Palm Beach, Florida and extended an additional (2) years at the May 20, 2003 Commission meeting. This modular provides temporary office space for Code Compliance. This contract will expire on May 17,2005. Resun Leasing has provided us with satisfactory service for the past (5) years. It is in the best interest of the City to extend this lease with the same terms and conditions of the bid for an additional 2 years. Scott Blasie, Code Administrator concurs with this recommendation per memo dated April 28, 2005. CONTRACT PERIOD: MAY 19, 2005 TO MAY 18, 2007 ANNUAL BUDGETED FISCAL IMPACT: ACCOUNT # AMOUNT 001-2120-521-44-41 $10,998.96 DESCRIPTION: Code Compliance Lease ~ ~~ Mary Munro, Assistant to the Finance Director City Manager's Signature Procurement Services Department Name City Attorney / Finance / Human Resources S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH, FLORIDA INTER-OFFICE MEMORANDUM TO: Janet Allen, DATE: April 28, 2005 FILE: Budget/Trailer Buyer/Procurement Lease FROM: ~~~~~, SUBJECT: Renewal of lease for officer trailer REFERENCES: Code Compliance Administrator ENCLOSURES: I've been advised the approval came back from Resun Leasing for our request to extend the existing lease of the Code Compliance office trailer. This memorandum is confirmation that Resun Leasing has performed satisfactorily and we wish to continue our contractual agreement with them. The account number for this activity is: 001-2120-521.44-41 We've budgeted for this expenditure for the upcoming budget year. I will assume this renewal is moving forward unless I hear otherwise. Thank you for your assistance once again with this procedure. C: Diane Springer, Administrative Assistant """"~''''''''''''_'-''''"'''''''-'''''''_''.''''",''IW'' ~ l~ ,.--.... '"~ . Lease Renewal Notice -.--¡ February 7,2005 i FEB I 7 nC",'-~ RESUN í- , -"') bringing space to you ski, Territory Manager City of Boynton Beach, FL CODE ENFORC rporation City of Boynton Beach, FL 8895 North Military Trail, Suite 306-E City Clerk's Office, 100 East Boynton Beach Blvd. Palm Beach Gardens, FL 33410 Boynton Beach, FL 33425-0310 Ph: 561.776.7037 Attn: Suzanne Kruse or Contract Administrator Fx: 561.776.7038 Dear Customer: Temporary space requirements, budget restraints, overcrowding, or new construction _ whatever the reason you chose to utilize a modular building to satisfy your space need, we are honored that you selected Resun. I hope our facility has provided a safe and convenient envIronment for your staff and am contìdent that it will continue to do so in the future. We assume your space need is as urgent now as it was when we initially insta1led your building and would like to present your current renewal options. Lease Information Delivery Address: Expiration * 5/3/2004 í ~a-=Þ%-.SE 2nd A venue, Lease Number: 4509700 Boynton Beach, FL 33425 Renewal Options Monthly Rate New Expiration Date !XI 24+ Months $ 916.58 May 18, 2007 0 12 - 23 Months $ 962.41 0 3 - 11 Months $ 980.74 o Month to Month $ 1,008.24 o Purchase $ 46,436.93 Request for Lease Renewal Please renew our lease for the tenn of 24 months as indicated by the box checked above. I understand the renewal shall be subject to the existing tenns and conditions between Resun and my company. Signed By: Date: Printed N [¡me: Title: Simply fax this letter indicating your desired renewal option to 561.776.7038 or contact your Territory Manager listed above with any questions or for additional options. We look forward to discussing your current lease as we1l as any plans you may have for additional facilities. Sincerely, Resun Corporation Karen M. Reffitt Director of Remarketing * In accordance with our lease tenns, ninety (90) days prior notice is required on all building returns. Accounts must be in good standing prior to renewal. Lease documentation will be forwarded once we receive your signed request and is subject to prior credit approval. Leases that lapse will be renewed on a month- month basis and will be subject to rate increases and return requirement in accordance with our lease TolJ Free: 866.772.2328 agreement. Renewal rates do not include applicable taxes. www.resunleasing.com Resun Corporation + 22810 Quicksilver Drive + Dulles, VA 20166 + Ph: 703.661.6190 + Fx: 703.661.6196 FRCJf", : RESUh PAll"! BEACH FAi< HO. : '5617767038 Hp'-. 28 2005 04: 44FM P2 RECEIVErl The City 0.1' .Boynton Beach Procurement Services lfm E. S"ylltOfl B~ac" HlJulllv/Jrd P.O.ßux310 Boy"J.f", Beach, Florida JJ415.(Hl0 TJtl'hofle: (561) 742-6310 FAX: (561) 741.6316 March 28, 2005 RESUNLEASING, INC. 8895 N. MILlT ARY TRAIL. SUITE 306 E PALM BEACH GARDENS, FL. 33410 ATTN: BOB FALUSKI BID NAME: ~TWO YEAR LEASE AGREEMENT FOR 24~X60' PORTABLE OFFICE TRAILER" BID NUMBER: # 049-2S11-04/JA Dear Mr. Faluski: The above-mentioned BID wi!] expire on May 18, 2005. The City would like to renew the existing contract under the same terms and conditions for two additional years. Monthly lease amount is $916.58. We appreciate your qua1íty service, therefore, if you agree, the contract will be renewed for an additional year. CONTRACT PERIOD: MAY 19,2005 TO MAY 18,2007 Please indicate your response on the following page and TetunJ it to Procurement Services at your earliest convcnience. We look fOJward to working with you for the next two years. Tfyou should have any qucstiOrui, p1e<lse feel free to call my office at (561) 742-6322. Sincerely, ~~ Mary Munro Assistant to the Director of Financiaf Services Ijil c: Sçott I3lasie - Code Enforcement AdnrinislTator Central File File .4.111IJ1'iC" ÍJ GlJtHWJi,Y to tile GtlJJ.~trf!/ln1 FRC)t" : RESLJ·J PRLl1 BE¡:-1CH FH>< t·JO. : 5617767038 Apr. 28 2005 04:44FM P3 BID NAME: "TWO YEAR LEASE AGREEMENT FOR 24'X60' PORTABLE OFli'lCE TRAILER" BID :NUMBER # 049-2511-04/JA Agreement between the City ofBoyn1on Beach, Owner; and Resun Leasing, Inc. (Company's Name) Contract Renewal Period: MAY 19,2005 TO MAY 18, 2007 ~. I agree to ren"w th" "xisring contract under the same TertnS an<! Conditions of tbi, Agreement. - No, I do not wish to renew the contract at this time. Y2e) ~r--}....~_~ AS ( ~L... NAME OF COMPANY ... , ~f2.ò lob S l~tNt;.. ~~V-J'~IO'"J o{b-~~S ~.....~ NAME OF REPRESENTATIVE TITLE (p1casc print) _~Z2_=~ q~r/, lìfo~L.Q.s~ DATE (A REA CODE) TELEPHONE NUM ER Amp.rí"It:~ ({atewliJ' to il1,' (JtilfJlt.rfta.m VI.-CONSENT AGENDA ITEM 8.4. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Fina] Fonn Must be Turned Requested City Commission Date Final Fonn Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office o April S, 200S March 14, 200S (Noon.) o June 7, 200S May 16, 200S (Noon) o April 19, 200S Apri14,200S (Noon) o June 2], 200S June 6, 200S (Noon) o May 3, 200S April ]8, 200S (Noon) o July S, 200S June 20, 200S (Noon) [8] May] 7, 200S May 2, 200S (Noon) o July 19, 200S July S, 200S (Noon) 0 Administrative 0 Development Plans NATURE OF [8] Consent Agenda 0 New Business AGENDA ITEM 0 Public Hearing 0 Legal 0 Bids 0 UnfInished Business ". :.- 0 Announcement 0 Presentation ,-.. -;, ---j -:=-:: 0 City Manager's Report ~,_.." ._ '1 ,-- N RECOMMENDATION: Motion to award the Bid for "CO-OP ROAD CONSTRUCTION MATERIALS",I...O '. Bid # 034-1411-05/JA to various vendors: Austin Tupler of Davie Florida, Camarra's Inc. of Deerfield Beaqþ:FloÌ'ì~ D.S. Eakins Corp. of Lake Park, Florida and Community Asphalt of West Palm Beach,Florida, as outlined b"êtow rø.r-~ \..0 . ¡ an estimated expenditure of $ 132.819.00. .. ~g:; a OJ> - î<1 CJ EXPLANATION: On September 28, 2004, the lead entity, City of Del ray Beach, received and opened eight (8) ::r: proposals, Austin Tupler Trucking Inc., Camarra's Inc. ,D.S. Eakins Corp. and Communtiy Asphalt were the lowest, most responsible, responsive bidders who meet all specifications for the commodities used by the City of Boynton Beach. Kofi Boateng, Utilities Director, concurs with this recommendation ( see attached Memo # 05-46 Utilities Department), along with Robert Vandeburg, Streets Maintenance Supervisor (see attached Memo # 05-034). ANNUAL ESTIMATED QUANTITES ESTIMATED VENDOR/COMMODITY FOR UTILITES & PUBLIC WORKS EXPENDITURE Utilities AUSTIN TUPLER TRUCKING. INC. Crushed Limerock 1,000 TONS @ 14.72rrON $14,720.00 CAMARRA'S Shell Rock 5,100 TONS @ $17.52rrON $89,352.00 D.S. EAKINS Drain Field Rock 1,000 TONS @ $16.00/TON $16,000.00 / Public Works COMMUNITY ASPHALT CORP. 300 TONS @ 39.50rrON $11,850.00 Type III Asphalt CAMARRA'S 100 TONS @ 8.97 $897.00 Pit Run Shell Rock TOTAL ESTIMATED EXPENDITURE $132,819.00 S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM PROGRAM IMP ACT: This Bid is utilized by Public Works/Roads & Streets and Utilities to purchase road construction materials for various repair and replacement applications. Five (5) participating entities submit individual requirements which are combined for total anticipated usage. These totals are used to calculate a firm quantity price: however, each award is individual due to location, points of delivery, and quantity. The provision of this bid award will allow for a one (1) year extension at the same terms, conditions, and prices subject to vendor acceptance, satisfactory performance and determination that the renewal is in the best interest of the City. FISCAL IMP ACT: Road Construction Materials are used by various Departments within the City, (Utilities and Roads and Streets) Funds are available in several accounts for use by these divisions on an "AS NEEDED BASIS" UTILlTIES/W A TER DISTRIBUTION: 401-2810-536-52-31 $ 40,024.00 UTILlTIES/WASTE WATER COLLECTION: 401-2815-536-52-32 $ 40,024.00 UTILlTIES/STORMW ATER: 401-2824-536-52-33 $ 40,024.00 PUBLIC WORKSIROADS AND STREETS: 01-2512-541-53-10 $ 12,747.00 A~~ j~~ SSlstant to t e mance nector City Manager's Signature Procurement Services Department Name City Attorney / Finance / Human Resources /ja CC: Barb Conboy - Manager - Utilities - Administrator John Wylie - Storm Water/Construction Supervisor /Foreman Tony Lombardi - Waste Water Collection Supervisor Robert Vandeburg - Street Maint. Supervisor Central File File S:\8ULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC MEMORANDUM Utilities # 05-46 TO: Mary Munro Procurement Services FROM: Kofi Boateng ~¡Q ~ ' 'I ~_. ____. _ Utilities Director -c;~ - DATE: March 252005 SUBJECT: Road Construction materials recommendation for award Co-Op Bid #2004-43 "Road Construction Materials" Agenda Item The Utilities Department is in receipt of the tabulation sheet for the above mentioned bid. We recommend awarding the Crushed Course lime rock portion to Austin Tupler Trucking Inc., the Pit Run Shell rock to Camarra's Construction, Inc. and Drain field rock to D.S. Eakins Construction Corp. Vendor Bid Item Unit Cost Est. Usage Extended cost Austin Tupler Crushed Lime Rock $14.72 / ton 1 ,000 tons $14,720.00 Camarra's Inc. Shell Rock $17.52/ ton 5,100 tons $89,352.00 D.S. Eakins Corp. Drain field Rock $16.00/ ton 1,000 tons $16,000.00 Funds are available in the various accounts listed below. 401-2810-536-52-31 Stock for water main repairs 401-2815-536-52-32 Stock for sewer main repairs 401-2824-536-52-33 Stock for stonn drain repairs Cc: John Wylie Tony Lombardi Barb Conboy DEPARTMENT OF PUBLIC WORKS MEMORANDUM NO. 05-034 RECEIV.ED' APR 05 2005 TO: Janet Allen, Procurement Buyer PR~C~.~fJQS~~~:~~¡~~; Christine Roberts, Assistant Director of Public Works CJ2.-, , THRU: FROM: Robert Vandeburg, Streets Maintenance Supervisor f? KV DATE: April 5, 2005 RE: Delray Beach Co-op Bid #2004-43 Road Construction Materials I have reviewed the attached tab sheets and the following is my recommendation along with the anticipated annual expenditures that the Streets Maintenance Division would incur in Account #001- 2512-541-53.10. COMMUNITY ASPHALT CORP. - Type III Asphalt - Estimated 300 tons = $11,850 CAMARRA'S ASHPAL T CaNST. - Pit Run Shell Rock - Estimated 100 tons = $897.00 Sorry for the delay with this recommendation, but I was under the assumption that my recommendation was being made in conjunction with Utilities. If you have any questions, please feel free to contact me at Ext. 6585. PURV/pl Attachment Copy: PW Files S:\PW\Coorespondence ~I'Y OF DEIAAY BEAtH _ .:lRA Y BEACH ~ 100 N.W. 1st AVENUE· DELRAV BEACH, FLORiDA 33444. 561{243-7000 , , ebruary 2, 2005 , I " Cindi M. Frick, Vice President ®D.S. Eakins Construction Corporation 1993 P.O. Box 530185 2001 Lake Park, FL 33403 RE: BID #2004-43 - Annual Contract Road Construction Materials Dear Ms. Frick; Our City Commission, on January 18, 2005, approved the award of the Co-Op bid for Road Construction Materials to various vendors. The tenn of the Contract shaH be 1Ì"om January 18, 2005 to January 17, 2006. Item(s) shaU be ordered via individual purchase orders and/or blanket order releases for the tenn of the Contract 1Ì"om each participating. entity of this co-operative bid. Item(s) awarded to your company for the City ofDeIray Beach are as foUows: Pick-up materials - Group B: Non Asphalt: Delivered materials - Group B: Non Asphalt 3. Drainfield rock 0/..:" 5. Clean fiU dirt 5. Clean:flU dirt 7. Crushed recycled concrete 7. Crushed recycled concrete 9. #57 rock Please submit to my attention, City of DeIray Beach Purchasing Division, the required Certificate of Insurance as specified in the specifications. We thank you for your bid response and interest in the Palm Beach County Cooperative Purchasing Council. Please keep all entities abreast of any price changes to this bid. If you have any questions in regard to this bid, please call me at (561) 243-7161 ShIY, patoy~I;::oL Enclosure: Tabulation sheet cc: Joseph Saffor~ce Director City of Green acres Town of Belle Glade City of Boca Raton City of West Palm Beach City of Boynton Beach SoHd Waste Authority :\..........~ THE EFFORT ALWAYS MATTERS ~ n.,,,,,, on Recyc/9dplIpfN [IT' DF DELIA' IEA[H DElRA Y BEACH f. l 0 . t 0 A tI*" .. ;iiiP February 2, 2005 100 N.W. 1st AVENUE· DEL RAY BEACH, FLORIDA 33444·561/243-7000 Penny Camarra ® Camarra's Asphalt Construction 1993 1201-A S.W. 34th Avenue 2001 Deerfield Beach, FL 33442 RE: BID #2004-43 - Annual Contract Road Construction Materials Dear Ms. Camarra; Our City Commission, on January 18, 2005, approved the award of the Co-Op bid for Road Construction Materials to various vendors. The tenn of the Contract shall be fÌ"om January 18, 2005 to January 17, 2006. Item(s) shall be ordered via individual purchase orders and/or blanket order releases for the tenn of the Contract rrom each participating entity of this co-operative bid. Hem(s) awarded to your company for the City ofDelray Beach are as follows: Pick-up materials - Group A: Asphalt: Delivered materials - Group A: Asphalt 5. RC #70 Tac Oil 5. Pennanent cold patch (ready road repair) Pick-up materials - Group B: Non Asphalt: Delivered materials - Group B: Non Asphalt 2. Pit run shell rock 2. Pit run shell rock 4. Best mason sand 6. Precast car bumpers Please submit to my attention, City of Delray Beach Purchasing Division, the required Certificate of Insurance as specified in the specifications. We thank you for your bid response and interest in the Palm Beach County Cooperative Purchasing Council. Please keep all entities abreast of any price changes to this bid. If you have any questions in regard to this bid, please call me at (561) 243-7161 S~erelY, PaŒylf¡J?!u~ Enclosure: Tabulation sheet cc: Joseph Saffo~mance Director City of Greenacres Town of Belle Glade City of Boca Raton City of West Palm Beach City of Boynton Beach Solid Waste Authority i} Prlntød on Recycled P8pIN" THE EFFORT ALWAYS MATTERS 1:'" DF DELIA' BEAtH ~RA Y BEACH , l 0 . I 0 " tdtd . r;ebruary 2, 2005 100 N.W. 1st AVENUE· DELRAY BEACH, FLORIDA 33444 . 561/243-7000 II , , Glen Tupler, President ®Austin Tupler Trucking, Inc. 1993 6570 S.W. 47th Court 2001 Davie, FL 33314 RE: BID #2004-43 - Annual Contract Road Construction Materials Dear Mr. Tupler: Our City COllIDÙssion, on January 18, 2005, approved the award of the Co-Op bid for Road Construction Materials to various vendors. The tenn of the Contract shall be .trom January 18, 2005 to January 17, 2006. Item(s) shall be ordered via individual purchase orders and/or blanket order releases for the tenn of the Contract .trom each participating entity of this co-operative bid. Item(s) awarded to your company for the City of DeIray Beach are as follows: Pick-up materials - Group B: Non Asphalt 1. Crushed coarse limerock 8. DOT Crush Rock (non-certified) Delivered materials - Group B: Non Asphalt 1. Crushed coarse limerock Please submit to my attention, City of DeIray Beach Purchasing Division, the required Certificate of Insurance as specified at your earliest convenience. We thank you for your bid response and interest in the Palm Beach County Cooperative Purchasing Council. Please keep all entities abreast of any price changes to this bid. If you have any questions in regard to this bid, please call me at (561) 243-7161 Sincerely, p~~::J- Enclosure: Tabulation sheet cc: Joseph Saffo~ance Director City ofGreenacres Town of Belle Glade City of Boca Raton City of West Palm Beach City of Boynton Beach Solid Waste Authority ~ PrIntød on Recycled Paper THE EFFORT ALWAYS MATTERS EIT' DF DELIA' BEAEH DELRA Y BEACH , loa I D A .tJ*d .. ;-caC;ebruary 2, 2005 100 N.W. 1st AVENUE· DELRAY BEACH, FLORIDA 33444·561/243-7000 , II J Glen Tupler, President ®Austin Tupler Trucking, Inc. 1993 6570 S.W. 4ih Court 2001 Davie, FL 33314 RE: BID #2004-43 - Annual Contract Road Construction Materials Dear Mr. Tupler: Our City Commission, on January 18, 2005, approved the award of the Co-Op bid for Road Construction Materials to various vendors. The term of the Contract shall be ITom January 18, 2005 to January 17, 2006. Item(s) shall be ordered via individual purchase orders and/or blanket order releases for the term of the Contract ITom each participating entity of this co-operative bid. Item(s) awarded to your company for the City of Delray Beach are as follows: Pick-up materials - Group B: Non Asphalt 1. Crushed coarse 1imerock 8. DOT Crush Rock (non-certified) Delivered materials - Group B: Non Asphalt 1. Crushed coarse limerock Please submit to my attention, City of Delray Beach Purchasing Division, the required Certificate of Insurance as specified at your earliest convenience. We thank you for your bid response and interest in the Palm Beach County Cooperative Purchasing COlUlcil. Please keep all entities abreast of any price changes to this bid. If you have any questions in regard to this bid, please call me at (561) 243-7161 Sincerely, p~~~aL Enclosure: Tabulation sheet cc: Joseph SafIo~mance Director City of Greenacres Town of Belle Glade City of Boca Raton City of West Palm Beach City of Boynton Beach Solid Waste Authority ~ Printed on Recyçled Pøp&r THE EFFORT ALWAYS MATTERS 1:1" DF DElAA' IEA[N _LRAY BEACH ~ 100 N.W. 1st AVENUE· DELRAV BEACH. FLORiDA 33444.561/243-7000 , I , ebruary 2, 2005 , I " Cindi M. Frick:, Vice President ®D.S. Eakins Construction Corporation 1993 P.O. Box 530185 2001 Lake Park, FL 33403 RE: BID #2004-43 - Annual Contract Road Construction Materials Dear Ms. Frick; Our City Commission, on January 18, 2005, approved the award of the Co-Op bid for Road Construction Materials to various vendors. The tenn of the Contract shall be from January 18, 2005 to January 17, 2006. Item(s) shaH be ordered via individual purchase orders and/or blanket order releases for the tenn of the Contract from each participating entity of this co-operative bid. Item(s) awarded to your company for the City of DeIray Beach are as follows: Pick-up materials - Group B: Non Asphalt: Delivered materials - Group B: Non Asphalt 3. DraÍnfield rock %:" 5. Clean fill dirt 5. Clean fin dirt 7. Crushed recycled concrete 7. Crushed recycled concrete 9. #57 rock Please submit to my attention, City of DeIray Beach Purchasing Division, the required Certificate of Insurance as specified in the specifications. We thank you for your bid response and interest in the Palm Beach County Cooperative Purchasing Council. Please keep all entities abreast of any price changes to this bid. If you have any questions in regard to this bid, please call me at (561) 243-7161 SA1Y, patoy~I:!:::aL Enclosure: Tabulation sheet cc: Joseph Saffor~ce Director City of Green acres Town of Belle Glade City of Boca Raton City of West Palm Beach City of Boynton Beach Solid Waste Authority ~ "-'-'-~ THE EFFORT ALWAYS MATTERS ';I "'''UIU on Recycled PBper [IT' DF DELIA' IEA[H DElRA Y BEACH f. l 0 It I D A tze.d . iïjjP February 2, 2005 100 N.W. 1st AVENUE· DELRAY BEACH, FLORIDA 33444·561/243-7000 Penny Camarra ® Camarra's Asphalt Construction 1993 l20l-A S.W. 34th Avenue 2001 Deerfield Beach, FL 33442 RE: BID #2004-43 - Annual Contract Road Construction Materials Dear Ms. Camarra; Our City Commission, on January 18, 2005, approved the award of the Co-Op bid for Road Construction Materials to various vendors. The tenn of the Contract shall be from January 18, 2005 to January 17,2006. Item(s) shall be ordered via individual purchase orders and/or blanket order releases for the tenn of the Contract from each participating entity of this co-operative bid. Item(s) awarded to your company for the City ofDelray Beach are as follows: Pick-up materials - Group A: Asphalt: Delivered materials - Group A: Asphalt 5. RC #70 Tac Oil 5. Pennanent cold patch (ready road repair) Pick-up materials - Group B: Non Asphalt: Delivered materials - Group B: Non Asphalt 2. Pit run shell rock 2. Pit run shell rock 4. Best mason sand 6. Precast car bumpers Please submit to my attention, City ofDelray Beach Purchasing Division, the required Certificate of Insurance as specified in the specifications. We thank you for your bid response and interest in the Palm Beach County Cooperative Purchasing Council. Please keep all entities abreast of any price changes to this bid. If you have any questions in regard to this bid, please call me at (561) 243-7161 S~IY, paœ~~ Enclosure: Tabulation sheet cc: Joseph Saffo~ance Director City of Greenacres Town of Belle Glade City of Boca Raton City of West Palm Beach City of Boynton Beach Solid Waste Authority ~ PrInted on Recycled Paper THE EFFORT ALWAYS MATTERS fiT' DF DELRA' BEAtH ..<A Y BEACH ;- i 0 I I D A tdItd 100 N.W. 1st AVENUE· DELRAY BEACH, FLORIDA 33444.561/243-7000 AlI·America City ',,, J! February 2, 2005 1993 2001 Members of Palm Beach County Cooperative Purchasing Council RE: Bid #2004-43 - Co-Op Bid "Road Construction Materials" Dear Members; As the City of Delray Beach is the lead entity for this Co-Op Bid, attached you wilJ find the recommendation of award memo from our Public Works and Construction Departments. You will also find our request for agenda item memos enclosed. The schedule of pricing for "Pick-up Prices" wilJ be awarded individually by each participating entity based on a pick-up cost of $0.90 per mile that each entity will add to the unit price for round- trip travel miles ITom their respective garage to the vendor(s) site. If you have any questions, please contact me at (561) 243-7161. ~CerelY, pa~~ cc: Joseph Safford,~ance Director JIiIIIiIIIh City of Boca Raton City of Greenacres City of West Palm Beach Town of Belle Glade RECEIVED FEB 0 4 2005 - ) PrInted on Recycled Paper THE EFFORT ALWAYS MATTERS , City Of Delray Beach Department of Environmental Services M E M 0 R A N D u. M www.myddraybeach.com TO: Patsy Nadal, Buyer FROM: Rafael Ballestero, Deputy Director of Construction ~ SUBJECT: James Schmitz, Interim Public W orks Direct~ Road Construction Materials Co-op Bid DATE: December 29,2004 Listed below are the results of the co-op bid analysis, based on price and mileage. Group A, Road Materials (Asphalt): 1. Type S-1 Asphalt - Hardrives, Inc. 2. Type II Asphalt - Hardrives, Inc. 3. Type ill Asphalt - Hardrives, Inc. 4. Cold Patch Asphalt - Hardrives, Inc. 5. RC#70 Tac Oil- Camarra's Asphalt Construction 6. Permanent Cold Patch Asphalt - Lafarge North America Group B, Road Materials (Non - Asphalt): 1. Crushed Coarse Limerock - Austin Tupler Trucking 2. Pit Run Shellrock - Camarra's Asphalt Construction 3. Drainfield Rock %" - D.S. Eakins Construction Corp. 4. Best Mason Sand - Camarra's Asphalt Construction 5. Clean Fill Dirt - D.S. Eakins Construction Corp. 6. Precast Bumpers - Camarra's Asphalt Construction 7. Crushed Recycled Concrete - D.S. Eakins Construction Corp. 8. D.O.T. Crushed Rock - Austin Tupler Trucking, Inc. 9. #57 Rock - D.S. Eakins Construction Corp. Please use the bid Quantities to determine the total budget amount. cc: Richard Hasko; Director of ESD S:\EngAdmin\Construction Division\Ballestero\AnnuaJ road materials memo.doc AGENDA ITEM NUMBER: AGENDA REQUEST Request to be placed on: January 18,2005 .. Date: January 13,2005 _ Consent Agenda _ Special Agenda ~ Workshop Agenda Description of agenda Item: Co-op Bid Award - Bid #2004-43 - Co-op Bid: Road Construction Materials - Annual Contract. Award to various vendors at an estimated annual usage of $65,000.00 for the City of Delray Beach. ORDINANCE/RESOLUTION REQUIRED: YES NO Draft Attached: YES NO Recommendation: Approve award to various vendors listed at an estimated annual cost of $65,000.00 for the City of Delray Beach for various road construction materials. Funding will come from various departments (Streets Division) operating budget and capital project accounts. (Attached is an itemized award listing.) Funding from account code: 119-4144-572-46.40 Department Head Signature: Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all Items involving expenditure of funds): Funding available: Yes U:6 No Funding alternatives: (if applicable) Account Number: Account Description: Account Balance: City Manager Review: Approved for agenda: Yes No Hold Until: Agenda Coordinator Review: Received: Action: Approved Disapproved i~C. en Q"V , ~ -I a> '" .... W N ~'It ;0- ,.J }> 0° rrlôi C~ ~~ ~ ¡~ O~"1J ;u 0 ~ ~ ~ ~I '1Jtn~ ~ ;u (!) ~ 0 "< "< "< "VC t·j (!) (!) ~ a: "0 "0 "0 >"V ;0""3 .c '" 3 .... (!) (!) (!) t< ~. ~ ~ 0 "1J = 000 ..3: ~1iJ ~ ~ '" - ;¡;- .m ;0> :J 0 ~~~ ð ;¡;- ~cn .-, - -- CD '" :::r »0 0"" "., ~~ ~ å~õ () "0 "0 >m t-j » :::r (II ;u 2 :::r '" "0 - oæ » (/) "U ~ - 0 (II '" ~a: "0 '"' '"' :::r"V 3:~ ~ H :::r '" ~ Õ a: "0 "1J '" '"'õ 'fJ ^ "1J ~. D.> '"' > ~ -.'" Z t-'. <:) C: 9!. ~ ð .... UJ " :::r m "U :::r ;0 rt L,) r > H 0 r rt 0 N ¡;; N .þ. W W en 0 :;0 ~ C;; êÞ 0 ~ '" gjo¡;: M 0 OJ 0 N > (I) õ '" OJ '" c.... en >-j z :Þ~_ "V 0 z:Þ :I: Z ::!.... > "0 Õ <C Õ Õ Õ ~""m r (fJ !!!. ::J '" ::J :> :> g -< 0 .... H "iF (II "iF (II '" (II (II "'::::: t'rj ~ t:J :::0 ~:Þ 1-" tTJ ... " '1 (jJ " '" (\) >-d z z z z z z Z n .. 0 0 0 0 0 0 o ~ 5" () 0 CD CD ID ID ID CD ~~ ~ rt Z ä: ä: ä: ä: ä: ä: 0 (jJ -'0 :> - '1 H P ~ tJ:j r-< tTJ m~::j~:!J~~ ~~ 0 tJ:j ~3~b'~JD~ ~N * .... .... .... .... .. H OCD::r3:t:::o~ NO (J) .... '" '" "'03 t:J N N N N !" 0 Dt -~.g2;:~~ w:".. '" 0, :.. :.. ....:> ... t:J <O~ '" OJ .... .... -." en D1 tTJ :!J~~~~~ èn-è ~ ~ ~ õ ;:::.: q- ,,; :::0 ~~~~3~ 0 0 0 gg,,, o ~. ::J :> :> :> ~:E-g.e!.g'~ ~- 0'0 ~ (I) Q) UI :::r :> ':>" ~ ;::;: ~- CT .. 0 ~ fa. ;+ 0;0 ~~~ ;; 00 ~ ,> tTJ ~~01 ~g> 000 tTJ "I .... rl "V II> 0 0> "Vo- 3"-8 z z z 0> z ':>"3 IDO~ (fJ Õ CD \1) 0 0 0 '" 0 ~3 -z ^ \1) ::J CD CD ID 0 ID 0" mOenO ~ C II> ;0 ä: ä: ä: ;:. ä: - I -t'" " 0 0 o 2- 0>;00 '"O~ :r II> ?~ r ."P- :> ::zcm 3:0 r i' NzOr ~"11 OC""5. (I) ~>õ-< >-d mN tTJ ;0 0 J.rz ;¡:; 0 w03:1D CJ :> H r o iiI o>m tT en z z z z z z Z¡;¡c. z....> 0 0 0 0 0 0 0:+-< ....mO H ID CD CD CD ro ID ro - .. ~æ:I: CJ ä: ä: ä: ä: ä: ä: õ:[Š: 0> ~ . :> ....r rl '!a. en H 0 0 :> Z (I) 0 * 0 * :> * ~p * z z z z z z z2$1) 0 0 0 0 0 0 o !1 m ro ID ro ro ID ID OJ -. DÞ ä: ä: ä: ä: ä: ä: ë: g ~ o~ 0 iJ ~~~~5m~ 7:: 0 g~.~;~~~ :x: H> .. 1-'" 6' jj) ~ (, iJ;' ¡¡: :." .... ....a. :::JQ:mo"'CCDO Z Z Z .þ. fJ:. ~. tJ:j ~~g.~~IB~ 0 0 0 0> '" . < 0 ro CD ID 0.. fi~.iñm;~5: ä: ä: ä: 0 0.. P> -- g;g~~f!~ õ 55' rt Q) < œ Q. :> :> !' (\) :J ~ - .: ::J ~ ~~b~W j \i g ~ g ~ N !!t rt ~~i:~~ r 1-" .. t-' V'~g.¡¡;g¡ - ~ ~ ~ ~ z z z z z ~ ~ 1-" 0 0 0 0 o .. .. rt tv "T1a.< ro ro ro ID ~5-~ 1-" Z; œ s· ä: ä: ä: ä: (\) ,,0", DO ;:¡. IJJ .... ':>" ° t:J 1-" '1 (\) ;U () :;- rt ... 0 Z Z Z Z Z Z z !: '1 0 0 0 0 0 0 0 ;;: ID CD ID ro ID ID ro DO ä: ä: ä: ä: ä: ä: ä: ~ ¡¡ ¡;; (f) -1 Q"1I --i co co "" '" <J1 .> W '" ~.m ;:0- » ;;: 00 --i c:::- m ~ ~D 00 ~~ 0 C) 0 1) CO 1) is 0 g ~ ¡¡; CD ii1 .., 3 2 "1IC ;U "" ::J --i .;£ ., ~ 5' ;:v CD '" œ"1l m ;:v £ 0 o ::T ::J c: a ::T 0 .. 3: ã! CD s: "" 0 0 :f ~ ~ ., CD ::J ~~ m ;:o~ 0 ;:¡.2 æ-o. 00 ,.. '" 0 '" c: (f) (f) m ~~ ;u !!¡ 0 0 ;u ::T 0 0 Om ~;u CD ::J CD 0 ;0 1) ~ C) ;:¡: (f) 0 = ., :Þ;:o Õ ~o 0 ;:v ëi! ;; c- o c: ., ,.. 3:1! " 0 ¡¡; 3 ::J ~ g CD -1 ,.. a. Õ C a. "0 "" ~ 1) CD Z r ëi! m 0 ;:0 0 ~ j; r ë5 '" '" ~ '" "" 80m en '" "".¡. CD Z .> '" 0 CD 0 CD . .. .> CD m 0 0 <J1 0 CD '" 0c:~ z ~3::- 0 z 0 ::!!:¡ l; 5' 5' c: CD 5' 5' 5' -~m ., ~ g 0 "11 ::J ::J ~ 0 ::J ::J ::J '" '" ::T '" '" U> '" :I: '" :Þ ~ro~~f?(Õ~€'íi , ~ 0-3,..31>3 1»3 ~~~¥g.0I~~..... -1» - ~~IÐg.¡':O_W if> .. c: if> c: .. ~~,p~mgèi~: z z .> ~ Z n .. ,..- (Q. .: (þ 0 0 :..., :..., 0 -::J ~g~~·~~~g.fD C) C) <J1 01 C) ~ ~ <:, ;¡ _. I/O I> I» 0 :E ã: ã: ~ 5' ã: -'0 ~~.~ ;;~g[ ::J - a. (X) 0 - () CD ::J P ~ !!!.:e - ;tJ :;::c: I> ' ~ g t 3: I/O " I "T1ð-"'T1U1_"'T1C/):þ_'TI~"'T1_ if>0&, tJ~~~~~~;~~~i~~ if> if> if> if> ¡!)ñ'""~om~~,¡J¡ N~»O:-" ~ if> if> co ~ 0 3 ~ '" '" w CD !" ; I» w::tJ!:J-..¡CTJ ~o:-'!.Qgœ< æ.w "" :,.. '" ¡" :..., :..., .>.... p.~ ~!!!. :;3:01 ~~;þ. "" "" co ~ <J1 "" ""2i1 ¡;m ~en 1.j,:,,;.v 3:' a> ;::. ;::. õ -<- ;::. S' ;::. ~.." ~~ ~~ ~~3 iii'w~ 0 0 <: a. 0 g õ' ~ ::J ::J '< ::J ::J "tJ¡¡: ';<5" g:~1JJ 3_~co ~ :''0 ~..:... :Eta CD g. N -:r ?".þ. "'U ß) Z ::J I» ~ "" - :E ~ ;:; 0;:0 O~ ~O 6co z/"g. ~ "110- "11 Z Z Z Z Z Z Z z œO~ Õ 0 0 0 0 0 0 0 0 ~~3 -Z C) C) C) C) C) C) C) C) œCenO " ã: ã: ã: ã: ã: ã: ã: ã: ã:&>~ -....."11 C °:Þ;:Oc "11.... 11~ :a:ZCm ~O ....ZOr Þ"11 gc~~ ~.... "'T1 -"':J (') ~:ÞO-< ~ 0 0 0 0 èrz i!! ¡; a> " 0 03:œ :Þ <: ~ ~ ::J O:þm ~ ~3: -< if> if> if> ... 0 iJ Z....:Þ ~ ~ ~ z z Z if> "" Z ~~~ ....mO "" 0 0 0 m 0 Ii C" cÕ 0 C) C) C) 0. 0. 0 C) .> .. ~i!!:I: 0 0 0 0 0-- ." ;u Õ ã: ã: ã: ã: ::J < O:Þ S' S' ;::. 6' -n- r g " 0 õ. :I ....r ~ ~ 0 ::J ::J ::J ::J ::J 'a en w p: 0 0 ::J <D :E '" m g 0 0 ~ "" ::J " I> !LP I» " if> if> 3" ~. ~ z z z '" z z2~ ",,- '" 0 0 0 0 °!lm I> ." 0 C) C) C) 0 C) C)-I» I» .. 0 0 ä:g:!5: -~ ~ ã: ã: ã: ã: ~ S' 0; ." ;u ::J 0 r 0 11 I» ~ -t....m :!J m en g. 2- ~ :r ~ 0 en I» I» " _ g~~ .. z z z z z z z z z!:1- ~ ~ ~ 0 0 0 0 0 0 0 0 o - < C) C) C) C) C) C) C) C) C). 8 r CD ã: ã: ã: ë: ë: ë: ã: ã: -.. .:!. to) ~ 0._ ~$D S" ~ !' éæg~t- iñ.: cn-b gc~-å/lj r- Ò !!l. ~ ::1. J I» ()~g~~ Z Z Z Z Z Z Z Z z~g ~~b;E3 0 0 0 0 0 0 0 0 o . . ""s./Ij-¡;¡ C) C) C) C) C) C) C) C) ~::!.z [2- ë: ã: ë: ë: ã: ã: ã: ã: a.;¡3. g.' :r I> :E .. !! ""'''¡¡:g>~ 3:~;!!"'g 5' ~ I»<DI» g,-,w'm I> 5'¡g~!3~ 1»::¡~o5" ::II ß"c ::J~:;¡~'N~01i!o- - œ ......."T1%3:c ,0 if> .... S" !Dj:nti'g> ~r:El»l»~ii ~ if> ~ if> "" ;nfg>~ ¡¡¡~~[~2-g w CD z z z z CD !!I ~ 5 "2.~œ~ ~~ 0. 0. 0 0 0 ¡,., 0 0. ;;: m m C) C) C) m C) m I» f~~ a:~>fn ~~ S' S' ã: ë: ë: S' ã: ;::. ~ . ~ ~ m ~ ~ œ 0 CD 0 =.: Ï1 ::J :::J ::J ::J iii" " . 0 ¡¡¡ '" ~~~o ~OOC ~OOC ~r~~ o~~ ~ o~~ ~~2< ~ m ~ ~ W N ~C_< ~ W N ~~m c__ ~~ m ~Cm ~ ;C~ CD =' ~;;o .. :E;;o .. :E;;o g~~~ gQ ~~ º ~ ~ ~ CQ~~~~O ~ ~ ~ ~~~ ='~CDO ~c ~~ æ ~ ~ ~ 3co~¡¡:~2 ~ ~ u ~~- YJ- ~() Q; "'Ow :J - ª c ~~3:m ffi~ (D ~ CÐ m:a. ~~oÞ ~! ~a ~ ~ ~ ~ g!~»~~! - ~ ~~ ~»~ ro~~~ (D~ 0 = ~ a ~ XO~Cm ~ ~ 00 ~~ ~Cm w~~O ø ~ º ~ ~ ø o~~;;o ø ~ ~ ~O ~~;;o 8:002 () <p;:1. (f) g = 0;o;;;::J::;:: $! ~ ¡¡r~;!! j;::J::;:: -, ::J. (/) ~ C ID ~;o (f) F- 0 r 0 G) :::+ :r "'0 r 0 ' n~~.. W 3 ~ w 0 Ø~;;or W ~ œ~ ~;;or 00w a ~ ~ - 0 z- a ==+õ Þ- ;:;::!.~ Ø ~ '" O~ - Z ùI~ Q)o.c (;; z-< ,,-< !lQ)3 :Þ :x: ~¿"2. '« ~ ~.3.~ ~ 6 ~~~ ~ b ~ ~ m ~ ~(þü 0 0 0 0 Pø <m Q) Õ 0 0 m c~ ~ ¡¡¡ ~ C >~ m ü ~ ~ >~ 0 ~. g m ~ - - - -~ ð - - -~~ ro ~ g. a. g g g go ~ g g g c ~ ~ ~ ~ ~ ~ ~ ~ ~ 2~ ~ z z ~ ~ ~ Z ~ Z Z Z zn! mOO 0 . . o· 0 0 0 o~~ ~ ~ ~ ~ 8 ß ~ ~ ~ ~ ~ ~~~ ~ ~ ~ ~ õ Õ a. Õ ~ ~ a. ü~~ o a. ::]::J::J !' ~ o CD ~i ~ 00 ~ ~ ~ ~~ 2 2 g 3 r c.> -.. w-" 0 0.... _< 0 2 2 2 Z 2 ~~ ro Z ro~~ mOO 0 0 0 ~o - 0 -~~ m _ ro ro w ro ro __ a. ro a.~M ~ g ~ ~ ~ ~ ~ õõ ~ g~ ~ C ~ ~~ ~~ 8» 3: a. ~~ þ~ 6°" ~ ii; -~ -00- m œO~ ~ œë~O ~ ~ ~o õ»~~ . ~ 2 2 2 2 Z Z 2 ~ Z ~~ ~zêW OOQ 0 0 0 0 0 0 0 ~ 0 ~3 NZOr Om ~ ~ ~ ~ ~ ~ ~ 0 ~ ~c gE~~ ~w a. a. a. a. a. a. a. ~ a. o~ ~ro> C 0 ~~ ~rz~ :E =' ,.. ",O¡¡:œ » ~»m UI . 0 ~~l:; ~ ~, 0 ;;0 m ~ m ::!. ~ :þ ;;0 ... » g {fl {fl cii! oj; c ~ 2 2 ~ 00 Z ~ 2 Z 2 2~n ~r ~ Ø 0 o. . o· 0 0 0 0--< 00 :I: 5 ~ ~ ~ ~ ~ ~ ~ ~ ~ ~~~ g ~ ü ü ~ ~ ~ ~ ü ~ ~ ~p= ::¡ ='. =' =' g. ~ ~ " 0 o :> {fl .. C Z ~ ~ Z 2 2 2 Z2~ ° ., 0 0 0 ° 0!lm ~ 8 8 ~ ~ ~ ~ ~õ~ a. ~ ff a. a. a. a. a.~~ Ü =' 0 ---' - -- ~ :r ~ ø!: 2 2 Z 2 Z Z 2 Z ~ mn o 0 0 0 0 0 0 o· ~t ~ ~ ~ ~ ~ ~ ~ ~ 8 8: a. a. a. a. a. a. a. a. ~ ~~ o 0 ~ ::3 ::J fI .... eI. 2 2 2 2 Z Z Z 2 Z Z ZÞ",~ 000 0 000 000 0 i . ro ro ro ro ro ro ro ro <p <p <p~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~~~ ~ :T ;0 .fA {h :Î ~ N ~ 2 22m 0 Z Z 2 Z Z~ o 0 0 N ~ 0 0 0 0 O;¡: ~ ~ ~ m m ~ ~ ~ ~ ~a ~ ~ ~ ~ - ~ ~ ~ ~ ~. o 0 ~ :J :::J ¡- ¡¡ 1 ()DlO \ (Õ)oo (Õ)oo o~m ;II-m ;II-m "::!:r g:;!C ::¡ g:;!C '" -.:;::: """ OJ 01 -I' '" '" ...... ~orii 01 -I' '" '" ~"'m :orii ê"ê:m 3: S¡";;o ., "TI;;o -, "TI;o õ' () -< ;110m ;110m '::~5 f]0 ~~ 0 (II 0 ;B co ~mo o~" ~~ -i -i -i ~mo œ co ii1 3 2 r;¡: ~ ;u co '< '< '< r;¡: ::> 2 ~ 'ªt1:3 ", ", ", g¡3'() o UI .;£ II> 5' ;u co UI ~~~ ::>"UI co co co ~~> ãI ~ ::> 3: :!> <:: g ffi ~.~ ~ II> ::>" = wC .... -. > :5" ~ ::> ,.,~ - -ø-; éÕa. ~ II> co G" 'm '"1-<-1 UI 0 UI ë: (f) "a. mmm e!.ã'~ G" ~(¡) mmm ~-o Õ ;u 0 :y 0 ¡ co II> 0 ::> ;u ~ 0 a!mi!! co II> - "0 "0 »0 ~~i!! Cf9:z ~ ;:¡: 0 II> 5a.f] 0 ::>" ::>" ~ ~ ~ (II (f) 0 ¡¡¡ ~» '< II> II> ,... > ¡:ja.V! 0 c II> " ;u or -æë: 0 ,., ,., ::>""11 CIIOr œ 3 ::> 0 co ! II> -i (0 ã" a. \Ë 0 z:I: "0 " ,., - in:I: a. ", " 0 :Jg. co . 0 ~. þ) z " ¡¡¡ z ~ c;- o õ' 1ñ :y ~ ' " Io " -4 DI - ~~ 6 aQ m 0:-<: '" '" '" -I' """ . -4 """ '" ~om ,... 0 01 01 -1'. 01 <: OJo 01 0 01 0 0 Ole 01 0 °c!!! m 0 Om C1> - ,... »i- ;II =0 <: m " C1> m ~» e <C - 0 _;II 5~¡; C1> W c co ~ 5 5 5 5 5 II> o m 5 5 .' '< '< 0 ::> ::> ::> ¡¡¡ e ::> ::> ::> ::> ¡¡¡ C a. ::>" UI UI UI (/)OJ UI c: C1> -oD> :-g. f!!() -i» ~ ~ z~~ ëD g z z ~ ...... ...... Z z Z Z Z CD :'I ..., ~'" 0 0 0 0, 0 0 0 0 0 oi!5" "'- ..., (II OJ OJ !P. ~ ë' DI 2 tD tD 0 CJ1 tV tD tD " 0 a: a: i ~ ~ a: ë: a: a: a: a._... a..C!: 0 0 " - -Ig " ::> r ~ WO 3! <' 00 0-' - '" -0 õ' o .. 0 ~ ~ ~ ~ ~ ~ ~,,3 m c: " .... ...... ...... tV .... Z '" OJ.... C"~ Z Z .. .. r =;;0 <D 0 '" ..., <D 0 CD CO".. :;::: :.... 0 '" 0 Co ¡" 0 . c .. o DI ...... tD ~a ",.. m ::!:Di' tV tD CJ1 CD 0 0 a: 0 tD ;0 o~ n a: -< ~ ~ S' ~ a: ~g~ ;0 m ~tD != a. 0 0 0 0- ... og 0 ::> " " " "-::T "'D> " .. ;¡: 0= ' < '" -I ëii" éÞ "tIO m õ"a l~ !!!>~O ;0 " - ~ j: ., ~o z z z z z z z Z tV Z OZ;o"TI '" ::T3 ::zc:o CJ1CD 0 0 0 0 0 0 0 0 c., 0 I~¡ '" -0 tD tD tD OJ tD tD tD (II (II t.)C:Oµ! ....c: CJ1 g1!g~ -;:;~ a: a: a: a: a: a: a: ë: S' ë: o " ~.,. .,.0 ~~ ~oz-< '" -. " /:;O;¡:m 0 .¡¡ "TI ""0 z>~ "'- . ,1, 0 ",0 0 -1-1 CD' ... 0 ~mo m Q. :J. " r £ ~ C õJ oi!!:I: ~ "0 Z Z ~ Z .... z z z Z zõõa. -I> '" ,þ. ~ 0 0 0, 0 :.... 0 0 0 0 o ~ -< r 5 OJ tD 0 tD CJ1 (II OJ OJ tD tD:" !!. en m a: a: a: ë: a: a: a: ~~:s. ~ '" ~ ~ 0 0 - " IC 0 "'. " Õ :I: " I 0 0 ï " ~ !!P z z z z z z '" z z z2!'» J 0 0 0 0 0 0 0 0 0 ~aC' tD tD OJ tD tD (II 0 (II (II a: a: a: a: a: ë: ~ ë: ë: ã:g~ 0 0; " 0 P :I: ~ .. Z Z Z Z Z Z Z z CJ1 a 0 0 0 0 0 0 0 0 '" ;" 1 0, < tD tD tD tD tD tD tD (II " 0 .. a: a: a: a: a: a: a: ë: .. S' 5" " p ,... .. z z z z z z z z z z z z?;,[ 0 0 0 0 0 0 0 0 0 0 0 o CD CD tD tD tD tD tD tD tD (II (II (II (II ~5-~ a: a: a: a: a: 0: a: ë: ë: ë: ë: .. ;:¡. ::T ;u ~ ~ ~ 5" ... z z z z ...... z!: CJ1 <D ,þ. Z Z Z Z 0 0 0 0 ¡" 0 ¡" 0 0 0 0 o 3: tD tD OJ CJ1 .... tD .... (II (II (II (II ~!. a: a: a: ~ S' a: S' ë: ë: ë: ë: !: 0 ¡; " " " ¡¡¡ - CTI\)Q C)OO c)oo ~~m ;U-m ;U-m ~~r g::;!C ::¡ g::;!C ~N- -..¡ (j) U1 ... W N ~ ... .......þ.< :o;ii w N ~'ltm :o;ii "'¡mm ;: z· ;0 .. "TI;o .. "TI;o . :¡;:-< ;UaJm ;UaJm :Z:or 00 :E "0 0 OJ 0 "0 CO goo >0 ~ .:¿ ~ goo ~Q.O o ~ ;::;; ro m (þ ii3 ,. 3 2 I:)-<~ 2.2 '< '< I:)-<~ :J C ~ -a -a -a co '" .;£ '" 5" ;¡:¡ (þ '" (þ (þ (þ ~CTO :J ~~~ ;;T'" ;¡:z» ::T:>.> ~ ;;T ;::: "" C g ~ '" ;;T = en I:) (þ (þ 5· ~ :J ;::+~ - ~Ó-l (f) u:I --i mo. '" 0 ~ '" (þ "'"~ -i°m > ·m ~::T- '" ä: en ~ ~() !:Jz!B ;¡:¡ 0 ;;T 0 !lJz;o ¡ '" ....,~O (þ ~ 0 :J ;¡:¡ (þ 0 -a -a >0 m ;0 z ~ ;:¡: 0 = C -aJ- co ;;T ;;T {g ;!1 ~R::¡; _~ po (f) OJ en co ij ~~» C'i '" '" C '" ,.. ;¡:¡ In r ;+ ;+ ;;T"V C{>)>' .. m 3 :J 0 (þ m !!!.-I (p(p ~ -a ~ ~ co ZO 2: ~õ 1;0 o 0 (þ ,.. ~:I: '<,< Z ..., :I: :J :J ij õõ 1; :I: > :J :J ,.... ..., -i (p(p :I: ,:, (1) (1) > I\) I\) U1 ~ ,.... m co 0 ""0 - -i Dm ,.... a. <: ::T::T a a a I:) , , a a am c:~ m o CO ,.... >3;- ;U <: m o 0 z> I:) :J :J m ::!-i DiS- co (þ Õ Õ ~ ;U C I\) '< õ o m Õ Õ Õ ~-Im 00 '< co ~ :J :J :J ~ I:) :J :J :J g -< C :!';!" ~ ;;T '" '" Q= ~ 3 tÒ:r: , -i> (1) I\) Y, y, Z ~ ~ ¡::~ z z y, ~ ~ z z z z o 01 0 0 ex> ex> ex> 0 0 0 0 o ,..- è::> è::> N _:J :J 0) (p (p (p (p (p (p ~~ï! [= 0 0 ...¡ ä: ä: -< ;:¡, ä: il ä: ä: ä: Co- ::::....¡ () -"1:1 0 :J - 01~ Co :J :J fI ~ O)N .:=m ~~ J'I" 00 0 ,,:-,0 o "' m y, y, :J 3 , 0) .. .. z z z Z N ~ Z Z z z:r~ <: N 01 ...¡ 0 0 0 0 0 N <D 0 0 0 o c "' m 0 (p (p (p (p (p (p (p !l fir ;0 ...¡ ...¡ ~ ö' ?: m ä: ä: ä: ä: ff ä: ä: ä: Co:J ;0 0 () - "1:1 0 :J :J - ;;T 0» ~ :J .. P ;; 000 » 60~ --i m -00 ;0 y, ib' !!!»~o ¡; z z z z z z Z N Z oz;o"TI ,-0 N "33 '» 0 0 0 0 0 0 0 ~ 0 ~3 ::zco !lø (p (p (p (p (p (p (p 0 OJ o§ ",cor ::;!~ ä: ä: ä: ã: ã: ã: ä: ã: 0»-1- ff o -. a'õ~ .p.:c .þ.Oz-< 0 :J hO~aJ "TI aJ z»m 0 -1-1» Q 0 ~mo :J z y, Y, ~ zE![ oæ:I: --i z z Z ~ ~ z z z z -I» 0) 0) ~ 0 0 0 0 è::> é» 0 :-..¡ 0 0 0 o~-< , Z (p aJ aJ 0 01 aJ 01 aJ (p aJ (p - CD CJ aJ ã: ã: ã: ;:¡, ff ã: ã: ä: ã: ä:¡::~ () . :J ~ 0 CD ;: :> :> Õ 0 - I- :J :J: 0 0 ~ :J ~~ Z Z Z Z N Z Z z 2 ~ 0 0 0 0 è::> 0 0 o !. m (p (p (p (p 0 OJ OJ ro -. At ã: ã: ä: ä: () ä: ä: ä: g ~ 0; :J 0 ¡; ~ - :z: y, y,"' z z z z z z Z 01 01C!. <.0> ~ .. 0 0 0 0 0 0 0 è::> a¡ (p (p (p (p (p (p (p 0 0.. ã: ã: ä: ã: ã: ã: ã: () õ5" :J ;: r õ "' Z Z Z Z Z Z Z Z Z z z~iiI' 0 0 0 0 0 0 0 0 0 0 o CD ~ OJ OJ OJ OJ OJ OJ OJ OJ OJ (p (p.. ä: ä: ä: ä: ä: ä: ä: ä: ä: ä: ã:[~ ;:¡. ;;T ;U y, y, S" ,.. z z Z N Z ~ Z Z Z z" 0 ~ 0 0 0 ~ 0 0 0 0 o .. (p (p OJ OJ ~ OJ OJ OJ OJ;: _. "' ã: ã: ä: ä: ä: ä: ä: ~- ff ff CD .. :> ;: .. iõ OD>O C'Joo C'Joo O~m ;Q-m ;Q-m ::t:¡:c ..... <J) (]I .þ. w '" ~ g~!: .þ. w =:¡ g~!: ~g~ :o;¡j '" ~""m :O;¡j ;c: .. S' ;u .. .,,~ .. .,,~ ~O-< ;QlDm ;QlDm @~5 00 ::¡ "U 0 !D 0 "U CO ~oo :ÞO --i --i --i ~oo o ~ ;:+œ œ <1> iiJ "" 3 2 ~2 "< "< "< :J c: '" 3:~3: u u u 003: ;u=o o '" ;£ ., ~ S' ;U <1> '" ::T'" <1> <1> <1> ~» g.[~ ~ ::T :J s: ='> c: a ::T :Þ~> ., ::T = (JJC <1> <1> 52l ¿¡ ., <1> :J ~~ -i -I ~~ - 'm -i~-I ¡¡;a. '" 0 '" ã: (JJ !!:-I~ :Þ :Þ ~CI> IDen_ ;U 0 ::T b' '" '" !!:-I~ ;:¡-o 0 <1> g¡ 0 :J ;U <1> ø u u :Þo .en ID Z 0 ;¡ 0 = c: ~O:¡; ~ ::T ::T .g æ >0- ~;~ ~ (D (JJ 0 (i ., D> !hZ~ c: ., ,,- ;U (l)Zr ~ ~ ::T"V œ 3 :J 0 <1> œ 9!.-t m ~. a. u a. ~ 0 z ~ ~Õ ~ ,,- <1> 0 Z " c¡;a (i z :I: O§¡ ~ :Þ r- <' 0 " -i :I: b ~: :: :Þ o ::T ~r- m w <Þ . -i w r- OJ ID ¿ (]I 0 w. 0 Dm <: <.no 0 0 00 0 c:CI> Om m 0>;:::;: r- »::! ;Q ~'< <: z;c:_ m .þ.O m ::!~ 0 ~ - 0 <1> Õ Õ Õ ~;Q Õ "'OJ c: ., "< o m Õ Õ ~~m wg "< 0 C. :J :J OJ ¡¡¡ 0 :J :J :J g C C. ::T '" '" '" '" ~D> O;u o D> ~ - ¡ -t» OJ§¡ ~ .. c: ¡¡¡- Z Z ~ ~ Z Z Z Z I: co co ...¡ ~~g: S" 0 0 Î\) (¡, 0 0 0 0 ID OJ OJ <.n 0 OJ OJ OJ OJ ~~ ~ I ã: ã: ~ ;:;, ã: ã: ã: ã: a.:..'C 0 0 " - OJ OJ P ~ ID '< 0 <:: 00 -~ o .. ~ ~ ~ ~ ::J 3 .. .. Z Z Z N ~ Z Z <.n zcr~ <.0> ~ ...¡ ¡j, 0 0 0 ~ 0 o· Î\) 01:" OJ OJ OJ ~ OJ OJ OJ a: .." en <.0> .þ. 0 <.n ã: ã: ã: ;:;, - ã: ã: ;:;, ã:g~ '" 0 õ 0 - 'C 0 ~ OJ OJ OJ - ::T W ::J .. m p ::;: r <.0> :...-- <: CO ~ m <.0> ~¡;> ~ ;.0 N ~ 0 m ~ Z Z Z Z Z Z Z N z 0> 0 <.0> ::T3 0 0 0 0 0 0 0 ¡" 0 ~3 000 :!: OJ OJ OJ OJ OJ OJ OJ <.n !D 01: 60~ > ã: ã: ã: ã: ã: ã: ã: ;:;, is: o 2- "'110 -I 0 pO< !!!>~O m OJ ;.0 OZ~'" »"'11 - ""ZCo 0 NCO~ 0 0>::1~ " ~ ~ ~ Z~~ oro :<' Z Z Z ~ ~ Z ~ Z Z Z .þ.oz-< .þ. a> .þ. t°3:1D 0 0 0 0 ÍD 0 a, 0 0 0 ~~ !: 0 OJ OJ OJ 0 <.n OJ 0 OJ OJ OJ Z>~ ." ã: ã: ã: ã: ã: ã: ã: ~¡::s. -1-1 ID S ;:;, ;:;, . ::J ~mo 0 0 fQ 0 OJ OJ OJ éi oi!!:I: 0 > I-- " -I> r ~ 0 en 0 " ~ !.p 0 Z Z Z Z Z ~ Z z z2~ .þ. Z 0 0 0 0 0 0 0 0 °!lm OJ OJ OJ OJ OJ 0 !D (D ~g! ã: ã: ã: ã: ã: S is: ã: 0" :J o .. ----- - fP :J: ~ ~.. Z Z Z Z Z Z Z <.n <.na. N o~ 0 0 0 0 0 0 0 0 . <" OJ OJ OJ OJ OJ OJ OJ 0.. ã: ã: ã: ã: ã: ã: ã: 0 ~.!" S õ:;- OJ :J !"' - - I-- r .. Z Z Z Z Z Z Z Z Z z z~i 0 0 0 0 0 0 0 0 0 0 o .. .. !D (D (D !D !D (D !D III (D (D ~ :!. Z is: is: is: is: is: is: is: is: is: ã: c.~~ ::T ;;u ~ ~ ~ :;- .... z Z z ~ CD Z ~ Z Z z z!!: 0 0 0 a, :". 0 ~ 0 0 0 o ;c: III OJ III <.n ~ III ~ (D III III ~.. ã: ã: ã: S ã: ã: is: ã: 0.- S S !!: OJ :J :J ¡¡- ¡¡; 011>0 c;¡OO C>OO o~m ;o-m "-m :I~r O:!r-::¡ O:!r- œ~< ~ m ~ ~ W N ~~ < ~ W N -_m ~ < ¡¡2:m 1D0m;: »Om ..:..:. :I ;u .. "TI;o .. "TI;o 010-< ;0 Om "Om ~~r (")(")~~ (") OJ 0 ~ c(")~;oo>(") ~ ~ ~ ~;oo -_0 °2§@ m m m ~ 32cm~~2 ~ ~ ~ em, m3-0 ~~~£ ~ - ~ ~ ~~ me5~ ~ ~ ~ m- ._> ~i~~ ~ ~ i § ai~z~Ri = mC ~z~ ~oo~ m~øö = ~ ~ 00 ~~~~m-~ ~ ~ ~~ ~~m ~~O ~ ~ 9. g ~ i ~~£~ ~ ~ i ~o ~£~ ~,z ~ OJ ~ m g = C»m:Þ ~ ~ ~ uæ »m:Þ ~~w 0 c ~ ^ ~ ~~~I 0 ~ ~ ~~ ~Øï =.. .. m 3 5. w g CD Z ñ> ;:::;: .::t I ~ c.~ ~Ã ~ S 0 ~ g iiJ 1;; Z :!! :I ~ » 2. ~ ~ _ r- . ~ ~ c CD <.n ~ N 6 om m o 0 0 0 m c~ C "" r-»;j ¡¡¡ "< <: z3:_" ~ " !¡ ;j~ m ø c m ~ õ õ Õ õm õ õ Õ õ~m c @ ~ ~ ø ~ ~ ~ ~ c ~ ~ ~ ~ ~ c CD :I II> ~ {IJ ~ ~~ (J) Z ~ ~ c CI) ~ 0 Z ID ~ ~ Z Z Z Z z~~ co. è.n ~ 0 0 0 0 0 - ~. ~ ~ ~ g ~ ~ ~ ~ ~ ~ ~~~ 5" Q ~ 5 5 a ~ Q a a~~ :;: c: :I :I "iD ~ '"& . ., ~T\ oV o æ· <7> ~ ~ m ~ z ~ z z z z z z z~~ Coo ~ 0 0 0 0 0 0 OCII> < ~ ro ~ ro ro ro ro ro ro roa~ ~ ~ ~ _ ~ ~ ~ ~ ~ ~ ~g~ ;00 m CD"< -'C o CD c. -:r O:Þ _ ¡;: ~ 000 3: en . - .- :Þ II> \ OO~ ~ :I \ "UO-< m c. :to ZO ;0 GJ V> Ii> 0 !!!>~"TI >"U a z z z z z z z ~ z ~~ o~êo r-:Þ c: 0 0 0 0 0 0 0 . 0 ~3 ~CO~ O'Om ~ ~ ~ ~ ~ ~ ~ ~ ~ ~;c ~>~~ _ (J) a a a ~ Q Q n ~ Q o~ orÕþ ~-. Ui o.;::'" ,?Oz-< -< c: :I'" <nO o ~ Nz3:m "TI s. . 0 ~~~ o '" -,; 0 Ç!mo ;0 ~ £. V> <7> ; 0~:I: m 0 u z z ~ ~ z ~ z z z z~o. ~~ z ' ~ 0 o· . o· 0 0 0 0...-< . :Þ -0 :: ro ro 01 N OJ N ro ro ro ro" co CJ o ~ g ~ ~ ~ : ~: ~ ~ ~ ~~~ ;0 '" 0 0 0 ..¡:: rn ::::1. :1:1 Õ ~. ----,=I- ~ ~ ~ :I ~ II> '" C ~ Z Z Z Z Z z z2~ CD 0 0 0 0 0 0 0!lm Ui ~ ~ ~ ~ ~ ~ ~õ~ C Q Q ~ Q Q Q Q~- ~ ~~ s. a ~ -. ~ :I: .EIJ ~!: z z z z z z z Z 01 ~~ o 0 0 0 0 0 0 0 ~ . <. ~ ~ ~ ~ ~ ~ ~ ~ g ~= ~ Q Q a a a Q Q - - Õ õ5" ::J ::J P r- !!I. z z z z z z z z z z zÞ~ o 0 0 0 0 0 0 0 0 0 o~ëD ro ro ro ro ro ro ro ro ro ro ro~ ~ ~ ~ ~ ~ ñ ~ ~ a ~ a~~ ;:¡. ::T ;:0 .I:ß ~.Eß ~ Z Z Z ~ N Z ~ Z Z Z Z" o 0 0 ~ ~ 0 ~ 0 0 0 o~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~~ Q ~ ~ a _ ~ ~ ~ ~ø Õ Õ Õ ~ ::J:1:1 !!. '" '" 0 ~I 000 -I (;)00 ~m 0> UI .þ. '" '" ~ ;o-m .þ. '" '" ~'ltm ;O-m ~r g~c 3: O~r- 0- c - .þ.< 00 L~ 0 [D ~ "U CO "'0< r€£' -- -- -- :orii tnm o 2 iõ m ~ 3 2 ~"'TI!ß '< '< ì'5 ();o ~ m "0 "0 .. "'TI;o ::T-< Q ~ :To II> !!t :;- ;:0 m '" ;o~m :T'" m m m 0 ~~m "0 II> ~ :;:: '" c: g ~ II> :T '" r m m S· ~ ~ °mO ~~ = C(1m -n II> m - i!:;mo 6-0 êÕa. '" 0 ã: (f) ".a. i!:;1II;¡: » » ~If III;¡: - '" '" ::;() ;:0 e: 0 0 ;0 :T 0 ;;:-1» â '" "0 »0 ;;:-1» () » m ~ m 0 "0 :r '" ;0 0 [D ;:¡: (f) 0 = !::¡ ~~iri 0 :r II> "0 - ~~iri »-J 7í 0 7í ~ :r"O c: II> ". ;:0 '" .. < - iõ 3 ~ 0 m mr-;o iõ II> -I mr-;o () 0 '" "õ a. "0 a. .. 0 i!!;¡:j; .9; ~;¡:> : Z ". ~ 0 m , ~1JIr- z (jJ !;;1JIr- () zm ~~ ~ 0» " Zo .,,0 '" .., ~:I: :I::I: '" <5 UI Dm ~ 3" 0 ." 0 c~ 0 :I: -I CD ~ ~i:- II> () 0 '" :j:!i m <> 0 m Õ ~o õ Õ ::T c: II> ~ Õ Õ o m Õ Õ g~~ <: . "Ci 0 '" ~ ~ '" !: ~ ~ ~ :r '" '" m () '" < ;0 0 m m '" ;0 c ¡¡; m c ~ -I» {fl {fl {fl 2 c: CD Z Z {fl ~ ~ Z ~ Z Z Z zn!L 0 0 0 <0 <0 <0 0 C1I 0 0 0 o~5" CT CD N 0 0, CD <0 CD CD CD ~~ ë' CT CD '< ë: ë: C1I 0 N ë: ..... ë: ë: ë: (f) -< - ;:. - -'Ð Õ Õ '" - ::T 0. 0 r ~ () :> :> :> 0. "õì 0> -= 00 0> {fl {fl {fl {fl o I» N c..> c..>N '" 3 tn .þ. ~ .þ.oo .. I» 'f '" z z z <0 z z <oe.., z z z::'=I N ~ 0 0 0 00 0 0 0> c..> 0 0 o c: I» 0> CD a ..- .þ. ?ì CD CD CD ;:::0 CD CD 55 CD CD .þ. c ë: ë: ë: 0 ë: ë: ë: ë: ë:g~ :> :> :> ~ ~ ~ - 'Ð -:r - , '" I» N ~ f' ::; 0 =~ m ;l r- <: (fl ttg ;0 m ~ og ;0 z z z z z z z '" z m :r3 0 0 0 0 0 0 0 0 0 0 ~3 000 ;¡: CD CD CD CD CD CD CD ff CD OC òo~ » ë: ë: ë: ë: ë: ë: ë: :> ë: o 2- "0 -I pO:: !!!»~o m cz;o"'TI ;>"'.., 'ltZCo . - ~c:o/!! o»:::!~ "0 0 or-O ~oo ::I. 0 {fl {fl 0 ~oz-< m m (fl ~ ~ '" I:O;¡:IJI cn "0 <0 0> ..... ciil -i ~ z z 0, 0 z z N Z Z Z Z¡¡;c. z»~ ~ õ 0 0 0 0 0 0 C1I 0 0 0 o~~ -1-1 '" CD CD - - CD CD - CD CD CD CD_!!. ~mo r- ë: ë: Õ Õ ë: ë: Õ ë: ë: ë: ä:g:S. 0;!!:I: ;¡: ~ :> :> . '" -I» IJI '2. ¡;; ~ 0 '" 0 :I: I 0 0 '" .. c z z z z z z z~ën 0 0 0 0 0 0 o~in CD CD CD CD CD CD CD-I» ë: ë: ë: ë: ë: ë: _.0... a. :::::II _. 0'" t o .. f? I- {fl {fl:r tn C1II» Z Z Z Z Z c..> ~a z z z 0 0 0 0 0 0 0 0 0 C1I::!. 0 0< CD CD CD CD CD CD CD CD - ~= ë: ë: ë: ë: ë: ë: ë: ë: Õ 0 :> :> - '" !' r- I» Z Z Z Z Z Z Z Z Z z ~iI' Z a 0 0 0 0 0 0 0 0 0 0 o . . CD CD CD CD CD CD CD CD CD CD CD::J.Z ë: ë: ë: ë: ë: ë: ë: ë: ë: ë: ë:g~ :r {fl N 0 z3:;o z Z z '" z z z z 0 0 0 0> 0 0 0 0 o!!l.- . '" CD CD CD ;:::0 CD CD CD CD CD::J.... ë: ë: ë: 0 ë: ë: ë: ë: --DJ CD :> 0._.. II> 11tS1Itð mYDFDRRRY BEA~ PURCHASING DIVISION TO: David Harden, City Manager FROM: Patsy J. Nadal, Buyer TROUGHT: Joseph Safford, Finance Director SUBJECT: Documentation - City Commission Meeting January 18, 2005- Bid Award - Bid #2004-43 Co-Op Road Construction Materials - Annual Contract DATE: January 13, 2005 Item before Commission: City Commission is requested to approve award multiple annual contracts for Road Construction Materials to various vendors listed below, at an estimated annual cost of $65,000.00 for the City of Delray Beach. Background: The City of Delray Beach is the lead organization for this Co-op Bid. Eight (8) vendors submitted bids on September 28, 2004, based on estimated annual quantities from five (5) governmental entities (Bid #2004-43 on file in the Purchasing Office). A tabulation of bids is attached for your review. An itemized award spreadsheet is also attached with a breakdown of the costs per item awarded. Delivery Cost: A separate schedule of pricing sheet was included in bid specifications for delivery to each participating entity. Pick-up Cost: To obtain a more accurate cost for picking up road construction materials with City trucks, total cost concepts were placed in the Co-op specifications (this cost was calculated by sending a driver to pick-up a load of rock and the average multiplied for annual vehicle costs and hourly personnel costs). Awards are to be made individually by each participating entity based on an average cost of $ 0.90 per mile that each entity adds to the truck load price. Each entity clocks the round trip distance from their respective facility to each vendor's pick-up site. Recommendations are being made to low bidder(s) for delivered materials and bidder(s) with low truckload cost for pick-up materials. The recommended vendors for the City of Delray Beach are as follows: - Austin Tupler Trucking, Inc. - Camarra's Asphalt Construction - D.S. Eakins Constructions Corp. - Hardrives, Inc. - Lafarge North America . The Interim Director of Public Works and Deputy Director of Construction have reviewed the bids and recommend award as stated above per attached memo dated December 29, 2004. Recommendation: Staff recommends the multiple awards outlined above for an estimated annual cost of $452,000.00 for the City of Delray Beach. Funding will come from various departments operating expense budgets and capital project accounts for FY 2004-2005. Attachments: Memo from Deputy Director of Construction Tabulations of Bids City of Delray Beach Itemized Award Amounts Per Vendor Cc: Rafael Barrestero, Deputy Director of Construction Jim Schmitz, Interim Deputy Director of Public Works City of Boca Raton City of Boynton Beach City of Greenacres . Solid Waste Authority of Palm Beach County City of Berre Glade mY DFDElRAY BBI~~ PURCHASING DIVISION TO: Public Works, City of Boynton Beach PUB' 'r' . c'h" wnRW' CrT'''' FROM: Patsy Nadal, Buyer ... VI.;:; Jt.r':c THROUGH: Joseph Safford, Finance Director SUBJECT: Bid #2004-43 - Annual Contract Road Construction Materials Co-op Bib DATE: November 18, 2004 Attached is a correction of "Tabulation of Bids" for the Co-op Bid Road Construction Materials (incomplete Tabulation's sheet mailed in error). Please disregard the original mail copy and replace with correct one. Corrections as follows: Pg 1 of 2: Item 5, $2.33 /gal (Camarra's) Item 6, $19.95/pail (Lafarge) Pg 2 of 2: Item 9, $10.82/ton (Austin) Pg 3 - Group A: Item 1, $52.00 /ton (Hardrives) Item 2, $54.00 /ton (Hardrives) Item 3, $54.00 /ton (Hardrives) Item 4, $27.10 /ton 1 }-i" & $33.74/ton}-i" (Camarra's) Pg 3 - Group B: Item 5, $11.72 /yd (Camarra's) Pg 4 - Group A: Item 1, $50.50 /ton (Hardrives) Item 2, $52.50 /ton (Hard rives) Item 3, $52.50 /ton (Hard rives) Item 4, $11.00 /ton (Hard rives) Group B: Item 1, $14.61 /ton (Rinker) Item 3, $19.61/ton (Rinker) Item 4, $15.05 /ton (Rinker) Item 5, $10.95/yd (Camarra's) Item 7, $19.72 /cu.yd (Camarra's) Pg 5 - Group B: Item 3, $16.65 /ton (Conrad) Item 5, $6.50 /yd (D.S. Eakins) Item 7, $11.00 /cu.yd (D.S. Eakins) & No Bid (Rinker) Pg 7 - Group B: Item 1, $15.22 /ton (Austin) & $15.76 /ton (Rinker) Item 5, $14.61 /yd (Camarra's) & $6.00 /yd Item 6, $19.54 leach Pg 8 - Group B: Item 5, $9.25/yd If you have any questions, you may contact me at ext. 7161. Cc: Richard Hasko, Director of Environmental Services Dan Beatty, Deputy Director of Public Utilities , . . M (WBE) Enterprise 1241 SW 34th Avenue Deerfield Beach, Florida 33442 Phone 954-975-7878 Fax 954-975-7879 MEMO To: City of Delray Beach - Purchasing Fro.. BiIt Scott Department Pages: Phone: Date: 10-29-04 Re: Bid #2004-43 cc: _ Urgent _For Review _Please Conønent _Please Reply . Comments: Purchasing Department, Please find accompanying, the bid sheets requested for Bid No. 2004-43; Co-op Bid for Road Construction Materials-Annual Contract. The bid date and time for this project is Friday, October 29, 2004 at 3:00 PM. Thank you, Bill Scott Senior Project Manager , \- ) . I J . SCHEDULE OF PRICING BID #2003-43 PICK-UP MATERIAL ESTIMATED QUANTITIES BASED ON A GRAND TOTAL OF ALL PARTICIPATING ENTITIES. (FOR YOUR BID TO BE RESPONSNE, UNIT PRICING AND UNIT OF MEASURE SHOULD REFLECf TIŒ SAME AS TIIOSE SPECIFIED BELOW) GROUP A: ROAD MATERIALS - ASPHALTS Item Estimated Oty PICK-UP PRICE 1. Type S-l Asphalt 350 tons $ 52, ¥7 /ton ----- 2. Type IT Asphalt 3,325 tons $ 52. i.{-7 /ton ~ 3. Type ill Asphalt 4,248 tons $ 52, t./- Î /ton ---- 4. Cold Patch Asphalt 200 tons $ l:1.,8! /ton '~ 5. RC#70 Tac Oil 1,885 gals $ .:? ,3 "3 /gal --- 6. Permanent Cold Patch 120 tons $ '12.55 /ton .----- _ (Ready Road Repair or equivalent) Permanent Cold Patch 216 pails $ ~IJ. 'II /pail / 55lb. pails or /60 /J. 647 /)...39 Stare precise pkk-~ looatio," l. k' 4hf"-" - /,,0, 9 Ii H. Au<-, /Zord / ,{J.. JJ",d / FL 3" </« ~ ' .2 ; ;3 a ~o ) t/. (>;;ml1tU4U4 Jh,,~;/- - 7745" !lõtJ¡Jejr 12oaJ,fÆ.ktl /J/... ~t1!âC-~,q 3?1./J( ,,~~ ~ho) ..-- S; 5al11<é? il S iÞ/, Schedule of Pricing continued next page. . . 14 ~ I \-_. J.) : Schedule of Pricing Continued... PICK-UP MATERIAL GROUP B: ROAD MATERIAL - NON ASPHAL T Item Estimated Qty PICK-UP PRICE 1. Crushed Course Limerock 1,000 tons $ /:!.,ý1 Iton .--- j¡tf7 (a/II< ~&l. 1#J5/e¡di ) 2. Pit Run Shell Rock 780 tons $ Iton '3Jílltcdc. '/JDT CoJ.tt /1 r 3. Drainfield Rock 3/4" 605 tons $ ¡Q,T7 Iton ~- 4. Best Mason Sand 88 tons $ f/¡ 7S Iton / / 5. Clean Fill Dirt 100 yards $ 3, " , Iyard // 6. Precast Car Bumpers w/pins 220 each $ It.22 leach 7. Crushed Recycled Concrete 1,462 cu. yd. $ ) '2·3'/ leu. yd. / 8. DOT Crush Rock 1,588 tons $ 12,'t7 Iton --- (non-certified) 9. #57 Rock 244 tons $ 11, 77 Iton State precise pick-up location: Nds, I) 1) <t) X'", q, FGC f?/~lJrry -/"3 ;c¡z lJ.w. /I¡f';4ve,,//,tt+t<:} q 3'-308 - :.l.. fJn~ 'BtPd Ihfre~/es - "). (91]. ç Sf./hf. 7, LOVá/.{¿!t:hee. þ¿ 3 "3470 ( No. Strl';x:;) ~-- (~. ;!;es.f Sfr,¡;r¡J - S470 J:Jex~r ¿Jay,. úJPB, (-"L "Fy+o7 '7. V. $. Ga/¿¡~~.- 14 r) I()~~kc.- ;2~J ~ lif,cl 33¥03 , f Schedule of Pricing Continued next page. . . 15 :.- . I - ~, .. Schedule of Pricing Continued... DELIVERED MATERIAL - SOLID WASTE AUTHORITY (FOR YOUR BID TO BE RESPONSIVE, UNIT PRICING AND UNIT OF :MEASURE SHOULD REFLECT TIlE SAME AS rnOSE SPECIFIED BELOW) GROUP A: ROAD MATERIALS - ASPHAL TS - DELIVERED Item Estimated Oty DELIVERED PRICE 1. Type S-l Asphalt tons $ /ton 2. TypellAsphaIt tons $ /ton 3. Type III Asphalt tons $ /ton ;;2. 7. 1O /Þi1 I~¡'- 4. Crushed (recycled) Asphalt 500 tons $ 33",7'1 /ton Vz 1/ ~ GROUP B: ROAD MATERIAL - NON ASPHALT _ DELIVERED Item Estimated Qty DELIVERED PRICE 1. Crushed Course Limerock tons $ /ton 2. Pit Run Shell Rock tons $ Iton 3. Drainfield Rock W' tons $ Iton 4. Best Mason Sand tons $ Iton 5. Clean Fill Dirt 2,000 yards $ /1,72- /yard ~ 6. Precast Car Bumpers w/pins each $ lea. 7. Crushed Recycled Concrete Z 7, ofo / , 5,000 cu. yd. $ Icu. yd. / Schedule of Pricing continued next page. . . 16 , . !- .'_'1-. >- Schedule of Pricing Continued... DELIVERED MATERIAL - CITY OF DELRAY BEACH (FOR YOUR BID TO BE RESPONSIVE, UNIT PRICING AND UNIT OF MEASURE SHOULD REFLECT TIIE SAME AS THOSE SPECIFIED BELOW) GROUP A: ROAD MATERIALS - ASPHALTS - DELIVERED Item Estimated Otv DELIVERED PRICE 1. Type S-1 Asphalt 250 tons $ ~8, 00 /ton /' 2. Type II Asphalt tons $ /ton ./ 3. Type ill Asphalt 250 tons $ ~ g-, (PO /ton -~ 4. Crushed (recycled) Asphalt tons $ /ton ./ 5. Permanent Cold Patch 75 tons $ /03· 55'" /ton /' (Ready Road Repair or equivalent) GROUP B: ROAD MATERIAL - NON ASPHAl T - DELIVERED Item Estimated Oty DELIVERED PRICE 1. Crushed Course Limerock 1,450 tons $ I q, 8'0 /ton ~ 2. Pit Run Shell Rock 750 tons $ lb,-30, /ton /- 3. Drainfield Rock y.." 450 tons $ 2 7, / D /ton -~ 4. Best Mason Sand 35 tons $ /6. Df /ton .------- 5 Clean Fill Dirt 300 yards $ 10.15 /yard ./ 6. Precast Car Bwnpers w/pins each $ lea. _/ 7. Crushed Recycled Concrete 1550 cu. yd. $ I q, 72.. leu. yd. -' Schedule of Pricing continued next page... 17 I ...~ 1 Schedule of Pricing Continued... DELIVERED MATERIAL - CITY OF BOYNTON BEACH (FOR YOUR BID TO BE RESPONSIVE, UNIT PRICING AND UNIT OF MEASURE SHOULD REFLECT THE SAME AS THOSE SPECIFIED BELOW) GROUP A: ROAD MATERIALS - ASPHAl TS - DELIVERED Item Estimated Oty DELIVERED PRICE 1. Type S-l Asphalt tons $ Iton ~ 2. Type II Asphalt tons $ Iton / 3. Type ill Asphalt tons $ Iton ,-- 4. Crushed (recycled) Asphalt tons $ Iton / GROUP B: ROAD MA TERrAL - NON ASPHAl T - DELIVERED Item Estimated Oty DELIVERED PRICE 1. Crushed Course Limerock 1,000 tons $ /7,97 Iton .~ 2. Pit Run Shell Rock 5,100 tons $ /7, ~2 tons .r 3. Drainfield Rock %" 1,000 tons $ 2'5.27 Iton 4. Best Mason Sand tons $ Iton ~- 5. Clean Fill Dirt yards $ Iyard / 6. Precast Car Bumpers w/pins each $ lea. - 7. Crushed Recycled Concrete cu. yd. $ leu. yd. ~ Schedule of Pricing continued next page. . . 18 t t )-1,: ~.. Schedule of Pricing Continued... DELIVERED MATERIAL - CITY OF BOCA RATON (FOR YOUR BID TO BE RESPONSIVE, UNIT PRICING AND UNIT OF MEASURE SHOULD REFLECT TIlE SAME AS IDOSE SPECIFIED BELOW) GROUP A: ROAD MATERIALS - ASPHALTS - DELIVERED Item Estimated Oty DELIVERED PRICE l. Type S-l Asphalt tons $ Iton ~. 2. Type II Asphalt 300 tons $ 5 7. 2.0 Iton ~. 3. Type ill Asphalt tons $ Iton /- 4. Crushed (recycled) Asphalt tons $ Iton GROUP B: ROAD MATERIAL - NON ASPHAL T - DELIVERED Item Estimated Otv DELIVERED PRICE l. Crushed Course Limerock 1,300 tons $ /, .It./ Iton ,,/ 2. Pit Run Shell Rock 900 tons $ /4-./(p Iton /' 3. Drainfie1d Rock %" 50 tons $ Z 3, tf 3 Iton --' 4. Best Mason Sand 310 tons $ ll,<.f, Iton ,/ 5. Clean Fill Dirt yards $ Iyard ./ 6. Precast Car Bumpers w/pins each. $ lea. .r- 7. Crushed Recycled Concrete cu. yd. $ leu. yd. / 19 , 'J_i ~I \. . Schedule of Pricing Continued... DELIVERED MA TERIAL - CITY OF GREENACRES (FOR YOUR BID TO BE RESPONSNE, UNIT PRICING AND UNIT OF MEASURE SHOULD REFLECT TIIE SAME AS THOSE SPECIFIED BELOW) GROUP A: ROAD MATERIALS - ASPHAL TS - DELIVERED Item Estimated Qty DELNERED PRICE 1. Type S-1 Asphalt tons $ /ton 2. Type II Asphalt tons $ /ton 3. Type ill Asphalt tons $ /ton 4. Crushed (recycled) Asphalt tons $ /ton GROUP 8: ROAD MATERIAL - NON ASPHALT - DELIVERED Item Estimated Qty DELIVERED PRICE 1. Crushed Course Limerock - tons $ Iton 2. Pit Run Shell Rock 20 tons $ /'1, '17 Iton // 3. Drainfield Rock %" tons $ /ton - 4. Best Mason Sand tons $ Iton - 5. Clean Fill Dirt 200 yards $ 14. ~ ( Iyard / 6. Precast Car Bumpers w/pins 50 each. $ /1.54 lea. ./' 7. Crushed Recycled Concrete cu. yd. $ leu. yd. 20 to . ,,,A \t:;. !..... Schedule of Pricing Continued... DELIVERED MATERIAL - CITY OF WEST PALM BEACH (FOR YOUR BID TO BE RESPONSIVE, UNIT PRICING AND UNIT OF MEASURE SHOULD REFLECT TIIE SAME AS THOSE SPECIFIED BELOW) GROUP A: ROAD MATERIALS - ASPHAL TS - DELIVERED Item Estimated Oty DELIVERED PRICE 1. Type S-l Asphalt tons $ Iton 2. Type II Asphalt tons $ /ton 3. Type ill Asphalt tons $ Iton L)i'i~3 /4-....... I VZi¡ .- 4. Crushed (recycled) Asphalt 50 tons $ :3 '{-, q~ Iton ~.' ~ GROUP B: ROAD MATERIAL - NON ASPHAL T - DELIVERED Item Estimated Qty DELIVERED PRICE 1. Crushed Course Limerock - tons $ Iton 2. Pit Run Shell Rock tons $ Iton - 3. Drainfield Rock '%" 10 tons $ 3/· 18' Iton 4. Best Mason Sand - tons $ /ton 5. Clean Fill Dirt yards $ Iyard - 6. Precast Car Bumpers w/pins each. $ lea. - 7. Ciushed Recycled Concrete 2,500 cu. yd. $ 2t./-,~1 leu. yd. 21 · 10-' ,":';,. '\ Delivery Locations: 1. Solid Waste Authority a) Jog Road, West ofFtorida Turnpike, and/or b) Lantana Road, West of Florida Turnpike c) For questions, please contact Janice Palladino, Buyer, 561-640-4000 ext. 4523. 2. City ofDeIray Beach a) Within City limits per direction of the City of Dekay Beach Construction Division (Rafael BalIestero, Deputy Director of Construction (561) 243-7297), or Harold Bellinger, Supt. Streets and Traffic, Public Works Division, (561) 243-7338). 3. City of Boynton Beach a) 124 E. Woolbright Road, Boynton Beach Contact person: Jim Hart (561) 742-6422 b) 1417 N.W. 4th Street, Boynton Beach, Contact: George MonteII (561) 742-6200 4. City of Boca Raton a) Within City limits per direction of the City of Boca Raton Contact: Mike Roberts, Streets Divison (561) 416-3360 Contact: Blaine Honeycutt, Utilities (561) 338-7321 5. City of Green Acres - Contact Nwnber: 561-643-2071 a) Within City limits per direction of the City of Greenacres Public Worb Director, Streets and Grounds Supervisor, or Parks Maintenance Supervisor. 6. City of West Palm Beach a) 1045 Charlotte Ave., West Palm Beach Contact: Bobby Shed, 561-653-2644 7. City of Belle Glade a) Contact: Mike McManaman, 561-992-2200 22 ~.. -1 ~... r, · "t" ..,. BID SIGNATURE FORM * PLEASE AFFIX SIGNATURE WHERE INDICATED (FAILURE TO DO SO SHALL BE CAUSE FOR REJECTION OF YOUR PROPOSAL) BID #: 2004-43 Opening Date: October 29~ 2004 BID TITLE: CO-aD Bid for Road Construction Materials - Annual Contract COMPANY NAME: C Ar>1ArrA )S ~f h,d t (UO(trudM TE: 10//9/0'1- T'I(. I I NAME/TITLE: t1 nn1 ::r: c A,r>1t::)írA , µ-e s; (Ie t'L-I ADDRESS: I;) 4 I .sw 3LLJy-z CITY D ~je Y' t U! I d 'Re fi( J) STATE FL ZIP CODE 3-5 '-I '-I d-... FEDERAL TAX I.D. #: 0:1 - OS' - ~ d 10 19 TELEPHONE: (q S'l( ) q7 S-·7 (7r FACSIMILE (q ~l/ ) :3 ., ç-~ ~7 R7 9 'SIGNATURE ~ Ÿ. ~ VENDOR SERVICE REPRESENTATIVE FOR PLACEMENT OF ORDER: CONTACT NAME: TELEPHONE: ( ) 23 ~ "'..' . REFERENCES - BID #2004-43 COMPANY NAME: Ì). f'J. ì-J 99 Î n.:' ,T" (' ~4 \+~ Q ADDRESS: G ;). LJ. I ~. b ¡). ¡' ( I::Lg1 r"r<AY Y-Q"f. LmJ¡tik STATE: F L ZIP: .3 S.3-5~ CONTACT PERSON: kc (¡. í n ÇLhW-f /clf(S~ PHONE NUMBER: q -S" 4- J Î lu· ~ ~1oS COMPANY NAME: D i ~mre<:> (CY\)r",cf f<.'>Î\ ~¡¡no ~~ ADDRESS: ~ 36 \ l \w ::S~'è C/t ~ 10.J-- STATE:-.FL ZIP: 330101 CONTACT PERSON: ~ '7 - .s ,)...S"d-. PHONE NUMBER: -.9 S 4- q, Y - L\lo 4(¡J COMPANY NAME: Jv1 OJ 1'\' C <:>n T fie.. _ ADDRESS: 3L)lo~ Sw ) }th S-t ])-e~VÇI~ ld. ~¥\)th STATE: r~1 ZIP: 3::?44à-. CONTACT PERSON: -M I Ke ~ll,' PHONE NUMBER: -3 sY - Y d-{- Od<~ C\ COMPANY NAME: Cn A ç..f / ;q Ild n-N¿ t P fh.(J rCI- ADDRESS: l-f :liP.3 }JIAJ ¡.sf- ~ ~ ~(f'} k?q-Jon STATE: ç::J ZIP: ~~ 34,--s CONTACT PERSON: -DA Y) µ~+"-"Ib PHONE NUMBER: S{Q I - ~ q ð.. - êl J-~ 9 25 . . . 1241 SW 34 Avenue Deerfield Beach, Florida 33442 Phone 954-975-7878 Fax 954-975-7879 TRADE REFERENCE LIST COMPANY N1JMBER/FAX CONTACT Allied Trucking 561-642-7750/561-642-2522 Austin Tupler 954-583-0801/954-583-0844 Community Asphalt 1-800-741-0806 Lisa Wilson F.R. Foster Oil Cotp. 561-732-2433/561-736-0401 Bontúe Farache Trueking 561-883-8128/561-883-8126 David Growers Equipment 954-916-1020/954-916-0080 Dave Dunkes Hardrives Asphalt Company 561-278-0456/561-278-2147 L.B. Smith, Inc. 954-581-4744/954-583-0318 Don Bombgardner Linder Industrial Machinery Co. 954-433-2800/954-433-2901 Tom O.K. Tires 954-781-8220/954-785-7011 Jeff Ranger Construction 954-429-9637/954-429-9637 Young Oil 954-942-3033/954-785-9980 BANK Southtrust Bank ACCf# 71334026 954-623-1300 Glenda James ¡~ -Î !:... · "t -,.. "' BID SIGNATURE FORM * PLEASE AFFIX SIGNATURE WHERE INDICATED (FAILURE TO DO SO SHALL BE CAUSE FOR REJECTION OF YOUR PROPOSAL) BID #: 2004-43 Opening Date: October 29, 2004 BID TITLE: Co-oP Bid for Road Construction Materials - Annual Contract COMPANY NAME: AUSTIN TUPLER TRUCKING, INC. DATE: 10/21/04 NAMEnITLE: GLEN TUPLER, President ADDRESS: 6570 S.W. 47th Court CITY Davie STA TE FL ZIP CODE 33314 FEDERAL TAX I.D. #: 59 _ 1426412 T.ELEPHONE: (. 954 ) 583-0801 FACSIMILE (. 954 ) 583-0844 *SIGNA TURE ~ês ------------- VENDOR SERVICE REPRESENTATIVE FOR PLACEMENT OF ORDER: CONTACT NAME: GLEN TUPLER TELEPHONE: ( 954 ) 583-0801 23 ~ i;.~ ;'t STATEMENT OF NO BID N/A Bid # 2004-43 H you are not bidding on this service/commodity, please complete and return this form to: City of Delray Beach Purchasing Office, 100 N.W. 1st Avenue, Delray Beach, FL 33444 or fax to (561) 243-7166. Failure to respond may result in deletion of vendor's name from the qualified bidder's list for the City of Delray Beach. ¡ ì COMPANY NAME: ADDRESS: TELEPHONE: ( ) SIGNATURE: DATE: Minority Owned Business: ( ) Black ( ) Hispanic ( ) Woman ( ) Other (Specify) We, the undersigned have declined to bid on your Bid # 2004-43 For: Furnishine: and/or Delivery of Road Construction Materials - Co-op Bid _ Specifications too "tight", i.e. _ Our product schedule would not pennít geared toward brand or manufacturer us to perform only (explain below) _ Unable to meet specifications _ Insufficient time to respond to the Invitation to Bid _ Unable to meet bond requirements _ We do not offer this product _ Specifications unclear (explain below) or an equivalent _ Other (specify below) _Other (specify below) REMARKS: 24 \.., I':i-" . ,) . . REFERENCES - BID #2004-43 COMPANY NAME: Smith Construction, Inc. ADDRESS: 2400 S.E~ Federal Highway, #21, Stµart STATE: FL ZIP: 34994 CaNT ACT PERSON: Trevor PHONE NUMBER: ( 772) 22J:-:OO 3 7 COMPANY NAME: State Contracting & Engineering ADDRESS: 1295 N. 21st Avenue, Hollywood STATE: FL ZIP: 33020 CO NT ACT PERSON: Tim Smith PHONE NUMBER: (954) 923-4747 COMPANY NAME: White Rock Quarries ADDRESS: P~O. Box 15065, West Palm Beach, STATE: FL ZIP: 33416 CaNT ACT PERSON: Craig Evans PHONE NUMBER: (561) 822-5322 COMPANY NAME: American Engineering ADDRESS: ll765 W. Okeechobee Road, Hialeah Gardens STATE: FL ZIP: 33018 CONTACT PERSON: Paul Wanamaker PHONE NUMBER: (305) 825-9800 25 . CERTIFICATE OF INSURANCE . ~ALLsT ATE INSURANCE COMPANY DALLST ATE INDEMNITY COMPANY DALLsT ATE TEXAS LLOYD'S THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. CERTIFICATE HOLDER NAMED INSURED ~ Name and Address of Partv to Whom this Certificate is Issued Name and Address of Insured CITY OF DELRAY BEACH AUSTIN TUPLER TRUCKING, INC. 100 N.W. 1ST AVENUE M & G FILL CORP & GLEN CONTRACTING, INC. DELRAY BEACH, FL 33444 6570 S.W. 47TH COURT DAVIE, FLORIDA 33314 This is to certify that policies of insurance listed below ha\IØ been issued to the insured named above subject to the expiration date indicated below. notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate may be issued or may pertain. The Insurance afforded by the policies described herein is subject tô all the terms, exclusions, and conditions of such policies. TYPE OF INSURANCE AND LIMITS Policy Effective Expiration COMMERCIAL GENERAL LIABILITY Number N/A Date Date Limit Amount GENERAL AGGREGATE LIMIT (Other than Products - Completed Operations) , $ PRODUCTS - COMPLETED OPERATIONS AGGREGATE LIMIT $ PERSONAL AND ADVERTISING INJURY LIMIT $ EACH OCCURRENCE LIMIT $ PHYSICAL DAMAGE LIMIT $ ANY ONE LOSS MEDICAL EXPENSE LIMIT $ ANY ONE PERSON WORKERS' COMPENSATION & Policy Effective Expiration EMPLOYERS' LIABILITY Number N/A Date Date Coveraae Limits WORKERS' COMPENSATION STATUTORY - aDDIies onlv in thefollowina states: EMPLOYERS' BODILY INJURY BY ACCIDENT $ EACH ACCIDENT LIABILITY BODILY INJURY BY DISEASE $ EACH EMPLOYEE BODILY INJURY BY DISEASE $ POLICY LIMIT Policy . Effective Expiration AUTOMOBILE LIABILITY 048675902 08/08/04 08/08/05 Number Date Date Coveraae Basis Limits 00 ANY AUTO t! OWNED AUTOS 119 HIRED AUTOS Combined Single Limit of Liability (Collision & Comprehensive - $1,000 deductible) BODILY INJURY & PROPERTY DAMAGE I $ 1,000,000 I EACH ACCIDENT o SPECIFIED AUTOS IiJ NON-OWNED AUTOS Split Liabilitv limits Bodily Injury Proporty Damage Each o OWNED PRIVATE PASSENGER AUTOS $ PERSON o OWNED AUTOS OTHER THAN PRIVATE PASSENGER $ $ ACCIDENT UMBRELLA LIABILITY Policy Effective Expiration Number N/A Date Date EACH OCCURRENCE I GENERAL AGGREGATE I PRODUCTS - COMPLETED OPERATIONS AGGREGATE $ 1$ 1$ OTHER (Show Policy Effective Expiration type of POIiey) Number Date Date DESCRIPTION OF OPERATIONS/LOCAnONSNEHICLES/RESTRICnONS/SPECIAL ITEMS RE: BID #2004-43 CANCELLATION Number of days notice 45 Dee M. BatsonIBradley Insurance Group OCTOBER 18,2004 Authorized Representative Date Should any of the above described policies be cancelled before the expiration date, the issuing company will endeavor to mail within the number of days entered abo\IØ, written notice to the certificate holder named abolle. But failure to mail such notice shall impose no obligation or liability of any kind upon the company, its aaents or reoresentatives. . . , DATE (MMIDDfYYYY) ACtJRD~ CERTIFICATE OF LIABILITY INSURANCE OP ID 2m1 . AUSTI-2 02/24/04 mUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION eenwich Risk Management ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Division of Slaton Insurance HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR o nox 220537 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. -, 11m Beach FL 33422-0537 ...:J_ ~561-683-8383 Fax:561-684-5995 INSURERS AFFORDING COVERAGE NAlC # JRED INSURER A: Southern-Owners Ins Co 02954 INSURER B: Bridgefield Employers :Ins Co Austin Tu~ler Trucking, Inc. INSURER C: Auto-Owners Ins Co 09703 M & G Fil Co~oration 6570 S.W. 47th Court INSURER D: Davie FL 33314 INSURER E: VERAGES -IE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE'POlICY PERIOD INDICATED. NOTWITHSTANDING W REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR AY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO All THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH JlICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID ClAIMS. ÑSRI: TYPE OF INSURANCE POLICY NUMBER 'D~~~iMMíDJ::DrWt' I t'~kTET (MM/DD/YŸj N LIMITS GENERAL LIABilITY EACH OCCURRENCE $ 1000000 i-- ~~~~'Es Y~~~~~~nœ) X X COMMERCIAL GENERAl lIABILITY 20598869-03 03/01/04 03/01/05 $ 100000 I CLAIMS MADE [!] OCCUR MED EXP (Anyone person) $ 10000 . PERSONAL & ADV INJURY $ 1000000 - - GENERAL AGGREGATE $2000000 GEN"l AGGREGATE LIMIT APPLIES PER: PRODUCTS-COM~OPAGG $ 1000000 Xl nPRO- n X POLICY JECT LOC . AUTOMOBILE liABILITY COMBINED SINGLE LIMIT - $ ANY AUTO (Ea accident) I-- ALL OWNED AUTOS BODilY INJURY '-- $ SCHEDULED AUTOS (Per person) - HIRED AUTOS BODILY INJURY - $ NON-OWNED AUTOS (Per accident) - - PROPERTY DAMAGE $ j . (Per accident) GARAGE lIABilITY AUTO ONLY - EA ACCIDENT $ =¡ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ 6000000 I!J OCCUR D CLAIMS MADE 20596425 03/01/04 03/01/05 AGGREGATE $ 6000000 UMBRELLA $ q DEDUCTIBLE FORM $ RETENTION $ $ WORKERS COMPENSATION AND , X I TORY LIMITS I IUË~- EMPLOYERS' LIABILITY ANY PROPRIETORlPARTNERlEXECUTIVE 830-27149 03/13/04 03/13/05 E.L EACH ACCIDENT $ 500000 OFFICER/MEMBER EXCLUDED? E.L DISEASE - EA EMPLOYEE $ 500000 ~~rc:,~tS~~vïš?åNS below E.L DISEASE - POLICY LIMIT $ 500000 OTHER :RIPTION OF OPERATIONS I lOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS . mFICATE HOLDER CANCELLATION APACFLO· SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN i NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR lIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHOR~DREPRESENTATNE Greenwich Riek Manaaement )RD 25 (2001/08) © ACORD CORPORATION 1988 l' ~ ,,\, ,) DRUG FREE WORKPLACE CERTIFICATION If identical tie bids exist, preference will be given to the vendors who submit a certification with their bid/proposal certifying they have a drug-free workplace in accordance with Section 287.087, Florida Statutes. The drug-free workplace preference is applied as follows: IDENTICAL TIE BIDS: Preference shall be given to businesses with drug-free workplace programs. Whenever two or more bids which are equal with respect to price, quality, and service are received by the State of by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed if none of the tied vendors have a drug-free workplace program. As the person authorized to sign this statement, I certify that this firm complies fully with the following requirements: 1) This firm publishes a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2) This firm informs employees about the dangers of drug abuse in the workplace~ the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3) This firm gives 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), this firm notifies 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 abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5) This firm imposes a sanction on or requires 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) This firm will continue to make a good faith effort to maintain a drug-free workplace through implementation of this section. ~~ '- .J . AUSTIN TUPLER TRUCKING, INC. Contractor's Name Signature "',-,.,." _ 13 " . ,,- .. 1 ~ SCHEDULE OF PRICING BID #2003-43 PICK-UP MATERIAL ESTIMATED QUANTITIES BASED ON A GRAND TOTAL OF ALL PARTICIPATING ENTITIES. (FOR YOUR BID TO BE RESPONSIVE, UNIT PRICING AND UNIT OF MEASURE SHOULD REFLECT TIIE SAME AS mOSE SPECIFIED BELOW) GROUP A: ROAD MATERIALS - ASPHALTS Item Estimated Oty PICK-UP PRICE 1. Type S-l Asphalt 350 tons $ No Bid /ton 2. Type n Asphalt 3,325 tons $ No Bid /ton 3. Type III Asphalt 4,248 tons $ No Bid /ton 4. Cold Patch Asphalt 200 tons $ No Bid /ton 5. RC#70 Tac Oil 1,885 gals $ No Bid /gal 6. Pennanent Cold Patch 120 tons $ No Bid /ton (Ready Road Repair or equivalent) Pennanent Cold Patch 216 pails $ No Bid /pail 55 lb. pails State precise pick-up location: Schedule of Pricing continued next page. . . 14 ~ . ',\-- - J J. . . Schedule of Pricing Continued... PICK-UP MATERIAL GROUP B: ROAD MATERIAL - NON ASPHAL T Item Estimated Oty PICK-UP PRICE l. Crushed Course Limerock 1,000 tons $ 7.87 Iton ~' 2. Pit Run Shell Rock 780 tons $ No Bid Iton ' 3. DraÏnfield Rock 3/4" 605 tons $ 11.30 Iton , 4. Best Mason Sand 88 tons $ 11.75 Iton - 5. Clean Fill Dirt 100 yards $ 4.75 Iyard / 6. Precast Car Bumpers w/pins 220 each $ No Bid leach 7. Crushed Recycled Concrete 1,462 cu. yd. $ No Bid leu. yd. 8. DOT Crush Rock 1,588 tons $ 7.87 Iton (non-certified) 9. #57 Rock 244 tons $ 10.82 Iton / State precise pick-up location: Item 1 , 3 , 8 & 9 White Rock Quarry, Okeechobee Road & NW 124 Ave., Miami Item 5 F+<!...- Corner of Okeechobee Road & Turnpike Ext. inside of Rinker FEC, Miami Item 4 Yelvington, 708 ~,¡. McNab Road, Fort Lauderdale /" Schedule of Pricing Continued next page... 15 _) · t: :..- . Sèhedule of Pricing Continued... DELIVERED MATERIAL - SOLID WASTE AUTHORITY (FOR YOUR BID TO BE RESPONSNE, UNIT PRICING AND UNIT OF MEASURE SHOULD REFLECT THE SAME AS TIIOSE SPECIFIED BELOW) GROUP A: ROAD MA TERJALS - ASPHALTS - DELIVERED Item Estimated Oty DELNERED PRICE ''', 1. Type S-l Asphalt tons $ No Bid Iton - I 2. Type n Asphalt tons $ No Bia Iton - 3. Type III Asphalt tons $ No Bid Iton - 4. Crushed (recycled) Asphalt 500 tons $ No Bid Iton ~ GROUP B: ROAD MATERlAL - NON ASPHALT - DELNERED Item Estimated Qty DELNERED PRICE 1. Crushed Course Limerock tons $ 16.47 Iton - 2. Pit Run Shell Rock tons $ No Bid Iton - 3. Drainfield Rock %" tons $ 20.02 Iton ~ 4. Best Mason Sand tons $ 20.00 Iton --- 5. Clean Fill Dirt 2,000 yards $ 10.00 Iyard ..- 6. Precast Car Bumpers w/pins each $ No Bid lea. /" 7. Crushed Recycled Concrete 5,000 cu. yd. $ No Bid leu. yd. __ Schedule of Pricing continued next page. . . 16 ,I. .1- ..&- } . ' Schedule of Pricing Continued... DELIVERED MATERIAL - CITY OF DELRAY BEACH (FOR YOUR BID TO BE RESPONSIVE, UNIT PRICING AND UNIT OF MEASURE SHOULD REFLECf TIIE SAME AS THOSE SPECIFIED BELOW) GROUP A: ROAD MA TERJALS - ASPHALTS - DELIVERED Item Estimated Oty DELIVERED PRICE 1. Type S-1 Asphalt 250 tons $ No Bid Iton ( 2. Type II Asphalt tons $ No Bid Iton / 3. Type III Asphalt 250 tons $ No Bid Iton _ 4. Crushed (recycled) Asphalt tons $ No Bid /ton / 5. Permanent Cold Patch 75 tons $ No Bid Iton -' (Ready Road Repair or equivalent) GROUP B: ROAD MATERIAL - NON ASPHALT - DELIVERED Item Estimated Oty DELIVERED PRICE 1. Crushed Course Limerock 1,450 tons $ 13.97 Iton ____ 2. Pit Run Shell Rock 750 tons $ No Bid /ton 3. Drainfield Rock y.." 450 tons $ 17.52 Iton . /' 4. Best Mason Sand 35 tons $ 17.75 Iton ~ 5 Clean Fill Dirt 300 yards $ 8.00 Iyard -" No Bid " 6. Precast Car Bumpers w/pins each $ lea. 7. Crushed Recycled Concrete 1550 cu. yd. $ No Bid I cu. yd. Schedule of Pricing continued next page... 17 1 '..'!. ;! . . Schedule of Pricing Continued... DELIVERED MATERIAL - CITY OF BOYNTON BEACH (FOR YOUR BID TO BE RESPONSIVE, UNIT PRICING AND UNIT OF MEASURE SHOULD REFLECT THE SAME AS THOSE SPECIFIED BELOW) GROUP A: ROAD MATERIALS - ASPHAL TS - DELIVERED Item Estimated Oty DELIVERED PRICE 1. Type 8-1 Asphalt tons $ No Bid Iton r 2. Type IT Asphalt tons $ No Bid Iton ~ 3. Type ill Asphalt tons $ No Bid Iton ~ ~ 4. Crushed (recycled) Asphalt tons $ No ßjd Iton GROUP B: ROAD MATERIAL - NON ASPHALT - DELIVERED Item Estimated Oty DELIVERED PRICE 1. Crushed Course Limerock 1,000 tons $ 14.72 Iton í 2. Pit Run Shell Rock 5,100 tons $ No Bid tons ,/ 3. Drainfield Rock %" 1,000 tons $ 18.27 lton / 4. Best Mason Sand tons $ 18.00 Iton /' 5. Clean Fill Dirt yards $ 8.00 Iyard ./ 6. Precast Car Bumpers w/pins each $ No Bid lea. 7. Crushed Recycled Concrete cu. yd. $ No Bid leu. yd. Schedule of Pricing continued next page. . . 18 ., J:-.,. ~.. Schedule of Pricing Continued... DELIVERED MATERIAL - CITY OF BOCA RATON (FOR YOUR BID TO BE RESPONSIVE, UNIT PRICING AND UNIT OF MEASURE SHOULD REFLECT TIlE SAME AS THOSE SPECIFIED BELOW) GROUP A: ROAD MATERIALS - ASPHALTS - DELIVERED Item Estimated Otv DELIVERED PRICE 1. Type S-l Asphalt tons $ No Bid Iton 2. Type IT Asphalt 300 tons $ No Bid Iton 3. Type III Asphalt tons $ No Bid Iton 4. Crushed (recycled) Asphalt tons $ No Bid Iton GROUP B: ROAD MATERIAL - NON ASPHAL T - DELIVERED Item Estimated Qty DELIVERED PRICE 1. Crushed Course Limerock 1,300 tons $ 13.22 Iton ~~ 2. Pit Run Shell Rock 900 tons $ No Bid Iton ".---- 3. DraÌnfield Rock %" 50 tons $ 16.77 Iton 4. Best Mason Sand 310 tons $ 17.50 Iton ~/ 5. Clean Fill Dirt yards $ 8.25 Iyard 6. Precast Car Bumpers w/pins each. $ No Bid lea. 7. Crushed Recycled Concrete cu. yd. $ No Bid I cu. yd. 19 · , fo, J~- I \. ''t Schedule of Pricing Continued... DELIVERED MATERIAL - CITY OF GREENACRES (FOR YOUR BID TO BE RESPONSIVE, UNIT PRICING AND UNIT OF MEASURE SHOULD REFLECf TIm SMŒAsrnœE~EcœŒDBao~ GROUP A: ROAD MATERIALS - ASPHALTS - DELIVERED Item Estimated Qty DELIVERED PRICE 1. Type S-l Asphalt tons $ No Bid Jton r 2. Type II Asphalt tons $ No Bid Jton r 3. Type ill Asphalt tons $ No Bid Iton .r Crushed (recycled) Asphalt $ No Bid Iton ,.- 4. tons GROUP B: ROAD MATERIAL - NON ASPHALT - DELIVERED Item Estimated Qty DELIVERED PRICE 1. Crushed Course Limerock tons $ 15.22 Iton ,r - No Bid /' 2. Pit Run Shell Rock 20 tons $ Jton 3. Drainfield Rock y"" - tons $ 18.77 Jton -' 4. Best Mason Sand tons $ 18.50 Iton /' - 5. Clean Fill Dirt 200 yards $ 9.00 Iyard r 6. Precast Car Bumpers wJpins 50 each. $ No Bid lea. ...- - 7. Crushed Recycled Concrete cu. yd. $ No Bid Jcu. yd. 20 tt. ., ...~.' \'.:'ò, ..... Schedule of Pricing Continued... DELIVERED MATERIAL - CITY OF WEST PALM BEACH (FOR YOUR BID TO BE RESPONSIVE, UNIT PRICING AND UNIT OF MEASURE SHOULD REFLECT TIffi SAME AS TIIOSE SPECIFIED BELOW) GROUP A: ROAD MATERIALS - ASPHAL TS - DELIVERED Item Estimated Oty DELIVERED PRICE 1. Type S-1 Asphalt tons $ No Bid Iton ( 2. Type II Asphalt tons $ No Bid Iton 3. Type III Asphalt tons $ No Bid Iton - 4. Crushed (recycled) Asphalt 50 tons $ No Bid Iton " GROUP B: ROAD MATERIAL - NON ASPHAL T - DELIVERED Item Estimated Oty DELIVERED PRICE 1. Crushed Course Limerock tons $ 15.97 Iton - ,rJ 2. Pit Run Shell Rock tons $ No Bid Iton ( 3. Drainfield Rock o/.¡" 10 tons $ 19.52 Iton _' 4. Best Mason Sand tons $ 19.00 Iton /' 5. Clean Fill Dirt yards $ 9.25 Iyard 6. Precast Car Bumpers w/pins each. $ No Bid lea. 7. Crushed Recycled Concrete 2,500 cu. yd. $ No Bid leu. yd. 21 · 1\ 1'.1 :,:,,_ . Deliverv Locations: 1. Solid Waste Authority a) Jog Road, West of Florida Turnpike, and/or b) Lantana Road, West of Florida Turnpike c) For questions, please contact Janice Palladino, Buyer, 561-640-4000 ext. 4523. 2. City ofDelray Beach a) Within City limits per direction of the City of Delray Beach Construction Division (Rafael Ballestero, Deputy Director of Construction (561) 243-7297), or Harold Bellinger, Supt. Streets and Traffic, Public Works Division, (561) 243-7338). 3. City of Boynton Beach a) 124 E. Woolbright Road, Boynton Beach Contact person: Jim Hart (561) 742-6422 b) 1417 N. W. 4th Street, Boynton Beach, Contact: George Montell (561) 742-6200 4. City of Boca Raton a) Within City limits per direction of the City of Boca Raton Contact: Mike Roberts, Streets Divison (561) 416-3360 Contact: Blaine Honeycutt, Utilities (561) 338-7321 5. City of Green Acres - Contact Number: 561-643-2071 a) Within City limits per direction of the City of Greenacres Public Works Director, Streets and Grounds Supervisor, or Parks Maintenance Supervisor. 6. City of West Palm Beach a) 1045 Charlotte Ave., West Palm Beach Contact: Bobby Shed, 561-653-2644 7. City of Belle Glade a) Contact: Mike McManaman, 561-992-2200 , ;Í - ~ 22 . ...¡., -1 :.'." 1"1-"'" . BID SIGNATURE FORM * PLEASE AFFIX SIGNATURE WHERE INDICATED (FAILURE TO DO SO SHALL BE CAUSE FOR REJECTION OF YOUR PROPOSAL) BID #: 2004-43 Opening Date: October 29, 2004 BID TITLE: Co-op Bid for Road Construction Materials - Annual Contract COMPANY NAME: COMMUNiTY ASPHALT CORe DA TE: ID I,;? '/þlÞ1- NAME/TITLE: JOHN MORRIS VICE PRESIDENT ADDRESS: 7795 HOOPERROAD CITY WEST PALM BEACH, Fl 33411 STATE ZIP CODE FO-?'t3?9ß FEDERAL TAX I.D. #: - ~J .,.l ¿.._.. TELEPHONE: (.5Zt1 ) 79D - (floíLvr-¡ FACSIMILE (.~I ) r-;C¡D - 10'73 *SIGNA TURE y;¿ /7- V.f. ..:¡-;:I; w~u¡3 - V\'~<d) ~ VENDOR SERVICE REPRESENTATIVE FOR PLACEMENT OF ORDER: CONTACT NAME:~'r\~ ~~ TELEPHONE: ( 5(Q( ) 'lqo - 1Þ4-te 1 23 'I ",' , '. t DElRAY BEACH ) . 1 0 . t . .. CITY OF DELRAY BEACH ~Aa4 .~ J ;f;;r INVITATION TO BID 1993 2001 PURCHASING OFFICE 100 N.W. 1st AVENUE DELRA Y BEACH, FL 33444 (561) 243-7161/243-7363 BID NO: 200443 DATE: September 28.2004 TITLE: Co-op Bid for Road Construction Materials - Annual Contract BIDS MUST BE RECEIVED ON OR BEFORE: Fridav. October 29. 2004 prior to 3:00 p.m. at which time all bids will be publicly opened and read. INVITATION TO BID This hwitation to Bid, General Conditions, Instructions to Bidders, Special Conditions, Specifications, Addenda and/or any pertinent document form a part of this bid and by reference are made a part thereof. PURPOSE: It is the purpose and intent of this Invitation to secure bids for item(s) and/or services as listed herein for the City of Delray Beach, Florida, hereinafter called the CITY. SEALED BIDS: Sealed bids will be received in the Purchasing Office until the date and time as indicated above. Bids will be opened publicly in City Hall and all bidders and general public are invited and encouraged --~- to attend. All bids shall be submitted in sealed envelopes, mailed or delivered to the City of Delray Beach, Purchasing Office, 100 NW First Avenue, Delray Beach, Florida 33444. Outside of envelope shall plainly identify bid by: BID NUMBER, TITLE, AND DATE OF BID OPENING. It is the sole responsibility of the bidder to ensure that his or her bid reaches the Purchasing Office on or before the closing date and hour as shown above. RETURN ONE COpy OF ALL BID SHEETS. Any failure on the part of the supplier to comply with the ensuing conditions and specifications shall be reason for termination of contract. CITY'S ACCEPTANCE: Unless otherwise specified herein, the bidder will allow a minimum of sixty (60) days from the last date for receiving of bids for acceptance of its bid by the City Manager and/or City Commission. AWARD: The City reserves the right to waive minor variations to specifications, informalities, irregularities and technicalities in any bids, to reject any and all bids in whole or in part, with or without cause, and/or to accept bids that in its judgment will be for the best interest of the City, as further stated in Paragraph 16 of General Conditions. 1 . ~f ,~ . GENERAL CONDITIONS, INSTRUCTIONS AND INFORMATION FOR BIDDERS , ~ J 1. SUBMISSION AND RECEIPT OF BIDS: A. Bids, to receive consideration, must be received prior to the specified time of opening as designated in the invitation. S. Unless otherwise specified, bidders MUST complete all questions and price blanks in the spaces provided in this Invitation to Bid. Failure to do so may cause your bid to be rejected. However, you may attach supplemental information. C. Bids having any erasures or corrections MUST be initialed by bidder in ink. Bids shall be signed in ink. All prices shall be typewritten or filled in with pen and ink. D. All bids MUST be signed with the firm name and by an officer or employee having the authority to bind the company or firm by hislher signature. 2. QUANTITIES OR USAGE: Whenever a bid is solicited seeking a source for a specified time for materials or services in the quantities or usage shown, these quantities are estimated only. No guarantee or warranty is given or implied by the City of Defray Beach as to the total amount that mayor may not be purchased from any resulting contracts. These quantities are for bidders' information only. 3. PRICES: A. Bidder warrants by virtue of bidding that prices, terms, and conditions quoted in his bid will be firm for acceptance for a period of sixty (60) days from the date of opening unless otherwise stated by the City or bidder. B. Prices should be stated in units of quantity specified in the bidding specifications. In case of discrepancy in computing the amount of the bid, the unit price(s) quoted will govern. C. Consideration in awarding bids for term contracts will be given first to bidder offering firm prices subject to market price reduction and second to bidder offering firm prices for full contract period. If at any time during the period of this contract, the City of Delray Beach is able to purchase the items and/or services at prices less than our contract price, the successful bidder shall meet these prices and in the event of his failure to do so, the City of Delray Beach may negotiate for a new contract on the open market. D. The City reserves the right to purchase items on state contract if such items can be obtained on the same terms, conditions, specifications and in the best interest of the City. E. Bidders may offer a cash discount for prompt payment. However, such discounts will not be considered in determining the lowest net cost for bid evaluation purposes. Bidders should reflect any discounts to be considered in the bid evaluation in the unit prices bid. 4. DELIVERY: A. All items shall be delivered F.O.B. destination, and delivery costs and charges included in the bid price. Failure to do so may be cause for rejection of bid. B. Time will be of the essence for any orders placed as a result of this bid. Purchaser reserves the right to cancel such orders, or any part thereof, without obligation if delivery is not made at the time(s) specified on bid form. 2 , ,.~ , J "'- , 5. BRAND NAMES: , If and whenever in the specifications a brand name, make, name of any manufacturer, trade name, or vendor catalog number is mentioned, it is for the purpose of establishing a grade or quality of material only. Since the City does not wish to rule out other competition and equal brands or make, the phrase OR EQUAL is added. However, if a product other than that specified is bid, it is the vendor's responsibility to name such product within his bid and to prove to the City that such product is equal to that specified. 6. QUAliTY: All materials used for the manufacture or construction of any supplies, materials, or equipment covered by this bid shall be new. The items bid must be new, the latest model, of the best quality, and highest grade workmanship. 7. SAMPLES: Samples, when requested, must be furnished free of expense to the City and if not used in testing or destroyed, will upon request within thirty (30) days of bid award be returned at bidder's expense. 8. ACCEPTANCE: The material delivered under this proposal shall remain the property of the seller until a physical inspection and actual usage of this material and/or service is made and thereafter accepted to the satisfaction of the City and must comply with the terms herein, and be fully in accord with specifications and of the highest quality. In the event the material and/or services supplied to the City is found to be defective or does not conform to specifications, the City reserves the right to cancel the order upon written notice to the seller and return product to seller at the seller's expense. 9. DEFAULT PROVISION: In case of default by the bidder or contractor, the City of Delray Beach may procure the article or services from other sources and hold the bidder or contractor responsible for any excess costs occasioned or incurred thereby. 10. COPYRIGHTS OR PATENT RIGHTS: Bidder warrants that there has been no violation of copyrights or patent rights in manufacturing, producing, or selling the goods shipped or ordyred as a result of this bid, and seller agrees to hold the City harmless from any and all liability, loss, or expense occasioned by any such violation. 11. COMPLIANCE WITH SAFETY STANDARDS: A. All equipment, machinery, electrical appliances, cords and apparatus shall comply with all provisions of the Florida State Safety Standards. B. Whenever a bid is sought and services secured for any type of on-site construction the awarded bidder shall remove from the work site at the end of each working day all rubbish and waste debris resulting from his operations. The awarded bidder shall also secure the work site before leaving at the end of each working day. 12. MANUFACTURER'S CERTIFICATION: The City of De/ray Beach reserves the right to request from bidders separate manufacturer certification of all Statements made in the proposal. 3 r' . I , 13. SIGNED BID CONSIDERED AN OFFER: " This signed bid shall be considered an offer on the part of the bidder or contractor, which offer shall be deemed accepted upon approval by the City Manager and/or City Commission of the City of Delray Beach and in case of default on the part of the bidder or contractor after such acceptance, the City of Defray Beach may take such action as it deems appropriate including legal action for damages or specific performance. 14. LIABILITY, INSURANCE, LICENSES AND PERMITS: A. PERMITS: Where bidders are required to perform work on City structure{s) or property as a result of bid award, the City will waive the cost for permits. Contractor shall pay for permits for all other work. B. LICENSES: If you are not licensed to perform work in the City of Delray Beach you MUST obtain an Occupational License before a Notice To Proceed will be issued. C. LIABILITY INSURANCE: The City prefers the insurance and bonding companies have a BEST Rating no less than A-, VII or better. If you have any questions regarding the City's Insurance and/or Bond requirements, please contact the City's Risk Management Office at (561) 243-7150. See pages 13 & 14 for Insurance Requirements. A "sample" certificate has been attached. 15. SPECIFICATIONS: A. For purposes of evaluation, bidder must indicate any variances from our specifications and/or conditions, NO MA ITER HOW SLIGHT. If variations are not stated in the proposal, it will be assumed that the product or service fully complies with our specifications. B. Any omissions of detail specifications stated herein that would render the material/service from use as specified will not relieve the bidder from responsibility. 16. AWARD OF CONTRACT: The City of Delray Beach reserves the right to accept any Bid or combination of Bid alternates which, in the City's judgment will best serve the City's interest, reject any and all Bids, to waive any and all informalities and/or irregularities, and to negotiate contract terms with the Successful Bidder, and the right to disregard all non-conforming, non-responsive, unbalanced or conditional Bids. The City reserves the right to reject any or all Bids, or any part of any Bid, to waive any informality in any Bid, and to award the purchase hi the best interest of the City. Discrepancies in the multiplication of units of Work and unit prices will be resolved in favor of the unit price. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. 17. TAXES: The City of Delray Beach is exempt from any sales tax imposed by the State and/or Federal Government. Exemption certificates certified upon request. State Sales Tax Exemption Certificate No. 60-00-116241-54C appears on each purchase order. 18. FAILURE TO BID: If you do not bid, return "Statement of No Bid Form" and state reason. Otherwise, YOUR NAME MAY BE REMOVED FROM OUR MAILING LIST. 19. EXCEPTIONS TO CONDITIONS,1 THRU 18 (Boiler Plate) Any time Bid Specifications differ from the General Conditions, Bid Specifications and Special Provisions will prevail. 4 · , ~ " , ! " 20. RENEWAL: The City Manager may renew the contract, at the same terms, conditions, and prices, ONE consecutive term(s) of ONE year(s) subject to vendor acceptance, satisfactory performance and determination that renewal will be in the best interest of the City. 21. ANTI-COLLUSION: A Bidder certifies that this bid is made without prior understanding, agreement, or connection with any corporation, firm or person submitting a bid for the same materials, services, supplies, or equipment and is in all respects fair and without collusion or fraud. B. No premiums, rebates or gratuities permitted; either with, prior to, or after any delivery of material or provision of services. Any such violation may result in contract cancellation, return of materials or discontinuation of services and the possible removal from the vendor bid list (s). 22. CONFLICT OF INTEREST: A Bidder declares and certifies that no officer, employee or person whose salary is payable in whole or part from the City of Delray Beach is directly or indirectly interested in this bid or in the supplies, materials, equipment or services to which it relates or in any portion of the profits thereof; or B. The award is subject to provisions of State Statutes and City Ordinances. All bidders must disclose with their bid the name of any officer, director or agent who is also an employee of the City of Delray Beach. Further, all bidders must disclose the name of any City employee who owns, directly or indirectly, an interest of ten percent (10) or more in the bidder's firm or any of it's branches. 23. NON-DISCRIMINATION: The Bidder shall not discriminate against employees or applicants for employment because of race, creed, color, religion, sex, age, handicapped status, disabilities, or national origin. The Bidder will endeavor to ensure that applicants are employed and that employees are treated during employment, without regard to their race, creed, color, religion, sex, age, handicapped status, disabilities, or national origin. Such action shall include but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment advertising; layoff or termination; rates of payor other forms of compensation; and selection for training including apprenticeship. The bidder agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. These provisions apply to all subcontractors and it is the responsibility of the subcontractors to be in compliance. 24. DISCRIMINATION: An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not award or perform work as a contractor, supplier, subcontractor, or consultant under contract with any public entity, and may not transact business with any public entity. 5 ( ," . SPECIAL TERMS AND CONDITIONS BID # 2003-43 CO-OP ROAD CONSTRUCTION MATERIALS A. PURPOSE: The purpose and intent of this Invitation To Bid is to provide the best quality Road Construction Materials available at the most economical price for the following governmental entities who have elected to participate in this Co-operative Bid: City of Boca Raton City of Delray Beach City of Boynton Beach Solid Waste Authority City of Greenacres City of West Palm Beach City of Belle Glade Service and good quality are of primary concern. Bidders with low standards for either service or quality will be judged to be non-responsible and their bids non-responsive. No bid will be accepted if it offers lower standards of material and/or quality than is described herein. NOTE: The City of Delray Beach is only acting as lead agency for this co-operative bid. As such, its responsibility is limited to bid coordination and issuance. It does not presume to speak for any individual participating governmental entity or for the co-operative purchasing council. B. COMPETENCY OF BIDDERS: Pre-award inspection of the bidder's facility may be made prior to award of Contract. Bids will be considered only from firms which are regularly engaged in the business of providing the goods and/or services described in this Bid and who can provide evidence of financial support, and that they have established a satisfactory record of performance for a sufficient delivery fleet to insure that they can satisfactorily execute the services under the terms and conditions herein stated. The term "equipment and organization" as used herein shall be construed to mean a fully equipped and well-established company in line with the best business practices in the industry and as determined by the proper authorities of the City. C. NOTICE OF AWARD: It is and shall be understood and agreed that a Contract shall not be deemed to be awarded and validly entered into between the successful bidder(s) and each participating governmental entity until written notice has been given to the awarded vendor(s) by the entity through its authorized agent, and purchase order shall be issued to the Bidder(s) covering same. An award shall be made on the basis of lowest total bid per item to the responsible bidder(s) meeting specifications. Tie bids shall be decided by a majority vote of the Co-op participants. D. CONTRACT TERM: Term of Contract shall be one (1) year commencing on/or about November 01, 2004, and expiring one year thereafter. The Palm Beach County Co-operative Purchasing Council reserves the right to renew the contract for an additional one (1) consecutive term of one (1) year period per paragraph #20 of the General Conditions. E. FIRM PRICE: The Palm Beach County Cooperative Purchasing Council requires a firm fixed price on the unit prices as bid for the contract period. NOTE: YOUR UNIT COST AND UNIT OF MEASURE SHOULD REFLECT THE SAME AS THOSE SPECIFIED IN THE SCHEDULE OF PRICING. F. DEFAULT OF CONTRACT: The participating governmental entities may, by written notice to the successful Bidder(s), terminate their contracts if the Bidder has been found to have failed to perform his service in a manner satisfactory to each entity as per specifications as stated herein, or fails to meet the City's performance standards. The Palm Beach County Cooperative Purchasing Council shall be sole judge of non-performance. 6 .J T ' " G. QUANTITIES: Quantities stated are for Bidder(s) guidance only and no guarantee is given or implied as . 'to quantities that will be used during the contract period. Estimated quantities are based upon previous needs and estimated usage for the twelve (12) month period. Said estimated quantities may be used for the purpose of evaluating the low bidder meeting specifications by the enti.ties. Quantities stated are shared by the participating members of the Patm Beach County Cooperative Purchasing Council. H. PAYMENT: Payments shall be made on a per order basis. All invoices submitted for payment must include certified weight certificates indicating gross, tare, and net weights in addition to showing the purchase order number and must be delivered to the appropriate governmental entity. City's agent must receive and provide signatory acceptance of delivery at designated site. /. PICK-UP PRICE: In order to determine the true lowest cost to each entity, and for the purpose of EVALUATION ONLY, a cost per mile, shall be added to vendor(s) unit bid prices for travel by the participating entity. The added price is the amount it costs each entity to travel from their respective garage to the vendor(s) site. (This cost per trip includes equipment, labor, and gasoline). Each entity will determine the actual miles from their garage to each bidder(s) pick-up site. Actual miles to be based on round trip from entity's garage to each bidder's pick-up site. The true low bidder for one entity may not be the same for another entity, depending on the distance to the pick-up site for each entity. Therefore each entity will determine the true low bid and make individual awards respectively. THE PICK-UP COST THAT EACH ENTITY WILL ADD TO THE UNIT PRICE IS $ .90 PER MILE. J. DELIVERED PRICE: Purchase orders issued against this Contract will clearly state the location of delivery. NOTE: (1 ) Deliveries are required within 48 hours of the receipt of an order from requesting entity. (2) Deliveries to each location must be made during normal working hours unless special arrangements have been made by a particular entity. (3) Certified weight certificates must be furnished with all invoices indicating gross, tare and net weights, and the appropriate purchase order number. (4) The Government Entities will not pay charges for time spent unloading due to inexperienced drivers or mechanical failure. No additional charges for split loads will be accepted (to drop load in two different locations per requested delivery by a participating entity). (5) The successful Bidder(s) will be responsible for setting up a delivery schedule with the entity's plant supervisory personnel. Any changes in this schedule must be approved by the appropriate authority. K. ORDER PLACEMENT: After notice of award is given to the successful bidder(s), each participating governmental entity reserves the right to utilize either of the following order placement methods: (1 ) Purchase orders will be issued to the successful bidder(s) throughout the contract period on an as-needed, where-needed basis. Vendor must note name of person placing order on delivery tickets. or (2) A blanket (open) purchase order will be issued to successful bidder(s). Releases for delivery of product will be made against said blanket order. Vendor must note name of person placing order on delivery ticket. L. VENDOR SERVICE REPRESENTATIVE: The Bidder(s) must submit with his bid proposal the name, address, and phone number of the person(s) to be contacted for the placement of orders and the coordination of deliveries. A contact for both regular work-hours and after-hours, weekends, and holidays must be identified. This will become a part of the bid proposal and shall be so understood and agreed. 7 , ' , ' , M. COMPLIANCE WITH OCCUPATIONAL SAFETY AND HEALTH: In compliance with Chapter 442, , Florida Statutes, any item delivered from a contract resulting from this bid must be accompanied by a Material Safety Data Sheet (MSDS). The MSDS must include the following information: (1 ) The chemical name and the common name of the toxic substance. (2) The hazards or other risks in the use of the toxic substance, including: (a) The potential for fire, explosion, corrosiveness; and reactivity; (b) The known acute and chronic health effects of risks from exposure, including. the medical conditions which are generally recognized as being aggravated by exposure to the toxic substance; and (c) The primary routes of entry and symptoms of overexposure. (3) The proper precautions, handling practices, necessary personal protective equipment, and other safety precautions in the use of or exposure to the toxic substances, including appropriate emergency treatment in case of overexposure. (4) The emergency procedure for spills, fire, disposal, and first aid. (5) A description in lay terms of the known specific potential health risks posed by the toxic substance intended to alert any person reading this information. (6) The year and month, if available, that· the information was complied and the name, address, and emergency telephone number of the manufacturer responsible for preparing the information. N. PROTECTION OF PROPERTY: The successful bidder shall at all times guard against damage or loss to the property of the City of Delray Beach, and/or the participating entities of this bid, or of other vendors or contractors and shall be held responsible for replacing or repairing any such loss or damage. The City of Delray Beach, and/or the participating entities of this bid, may withhold payment or make such deductions as deemed necessary to insure reimbursement or replacement for loss or damage to property through negligence of the successful bidder or his/her agents. O. INFORMATION: Questions relevant to this bid shall be referred to Patsy Nadal, Buyer, City of Delray Beach, (561) 243~7161. P. JOINT BIDDING. COOPERATIVE PURCHASING AGREEMENT: State on Bid Form if you will extend the same prices, terms, and conditions of this bid to other Palm Beach County governmental agencies. Q. PUBLIC ENTITY CRIMES INFORMATION STATEMENT: Any person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. R. DETAILED SPECIFICATIONS: GROUP A: ROAD MATERIALS ASPHALTS ITEM: 1) Type S-I Asphalt -per Florida Dept. of Transportation Standard Section 331 and Palm Beach County Standards. 2) Type II Asphalt -per Florida Dept. of Transportation Standard Section 332 and Palm Beach County Standards. 8 . . .. " . . 3) Type III Asphalt -per Florida Dept. of Transportation Standard Section 333 and Palm Beach County Standards. 4) Crushed (Recycled) Asphalt 5) Cold Patch Asphalt - per DOT Standards 6) RC #70 Tac Oil 7) Permanent Cold Patch - Ready Road Repair as manufactured by Ready Road Repair, Inc., Dania, Florida, or Approved Equivalent. Must be a cold patch, must be a permanent patch, not temporary, applicable under any weather condition. Can be used to patch asphalt, concrete, brick, wood or rubber. Ready for instant use. GROUP B: ROAD MATERIALS NON-ASPHALT 1) Crushed Course Limerock - Course Aggregate to conform with Florida Department of Transportation Standard specifications for road and bridge construction dated 1977, Section 911.100% shall be smaller than a 6", and a minimum of 97% passing 3". 2) Pit Run Shell Rock - Meets Palm Beach County Standards 3) Stabilizer Rock No 357 Coarse Aggregate 4) 3/4" Drainfield Rock No 57 Course Aggregate 5) Mason Sand 6) Clean Fill Dirt 7) Precast Car Bumpers wlpins - 6 foot concrete car stop with 1/2 x 12 rebar pins 8) Crushed Recycled Concrete _ Composition- The minimum percentage of carbonates of calcium and magnesium in the crushed concrete material shall be 60. Crushed concrete material shall not contain cherty or other extremely hard pieces, or lumps, balls or pockets of sand or clay material in sufficient quantity as to be detrimental to the proper bonding, finishing, or strength of the crushed concrete base. Gradation and Size Requirements- At least 97 percent (by weight) of the material shall pass a 3-1/2 inch sieve and the material shall be graded uniformly down to dust. The fine material shall consist entirely of dust of fracture. All crushing or breaking-up which might be necessary in order to meet such size requirements shall be done before the material is placed on the road. Bearing Requirements- Crushed concrete matèrial used in construction of crushed concrete base shall have an average LBR value of not less than 120. The average LBR value of material produced at a particular source shall be determined in accordance with an approved quality control procedure. 9) D.O.T. Rock 10) Compactable Fill Sand 9 , . , ' . S. SCHEDULE OF PRICING PAGES: Note: On the Schedule of Pricing pages some of the estimated . quantities for line item(s) have been left blank. This is to let the bidder(s) know that there are no estimated required quantities, at this time, for these line item(s) for this participating City. If the bidder wishes to submit a price to be effective for the term of the contract for these item(s), in case the usage requirement may arise during the term of the contract, please fill in your unit price on that line item. Bidders will not be disqualified for consideration of award if they do not submit a unit price quote on the above mentioned items. 10 . t' . . . INSURANCE REQUIREMENTS A. GENERAL During the term of the contract with the City, the contractor shall procure and maintain insurance of the types and to the limits specified in paragraphs (1) to (4) inclusive below. B. COVERAGE Except as othelWise stated, the amounts and types of insurance shall conform to the following minimum requirements: 1. Worker's Compensation - Coverage to apply for all employees for Statutory Limits in compliance with the applicable State and Federal Laws. In addition, the policy must include Employer's Liability with a limit of $100,000 each accident. 2. Comprehensive General Liability - Coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive General Liability Policy filed by the Insurance Services Office and must include: a) Minimum limits of $300,000 per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. b) Premises and/or Operations. c) Independent Contractors. d) Products and/or Completed Operations. e) No exclusion for Underground, Explosion or Collapse hazards. 3. Business Auto Policy - Coverage must be afforded on a form no more restrictive than the latest edition of the Business Auto Policy filed by the Insurance Service Office and must include: a) Minimum Limits of $300,000 per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. b) Owned Vehicles. c) Hired and Non-Owned Vehicles. d) Employer Non-Ownership. 2. Certificate of Insurance - Certificates of all insurance evidencing the insurance coverage specified in the previous Insurance Administrator prior to commencement of work. The required certificates of. insurance shall not only name the types of olicies rovided but shall also refer s ecifical/ to this bid and section and the above ara ra hs in accordance with which such insurance is bein furnished and shall state that such insurance is required by such paraQraphs of this contract. The successful bidder will include the City of Delray Beach as additional insured. If the initial insurance expires prior to the completion of the work, renewal certificates shall be furnished thirty (30) days prior to the date of expiration. Also, under the Cancellation section of the Insurance Certification the words "endeavor to" and "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representative" shall be crossed out as indicated on the attached "Sample of Insurance Certificate". 11 5612437166 CITY OF DELRAY BEACH 87Ø PØ8 DEC 21 '00 113:23 I$SOIi'Øo\'JE ~.. . ...... "0 ~ .". ·f .' ..:.' 1':~f . . -Ý" ~oi( ~ . . ~ . TffJS ŒRTIf'lC:ATE 1S.tSsum þ.S Ii "-'Ttiß Of 1HFOAMA'no/f OHt,v ~ ~ ? . ,.0 lllOHT$ OPON nø; CÐmFIC.\Ta HOLDER. THIS ŒRTfFIa.n DOES HOT Þ,Ma.O . GOOD INStJ:QAWCE) INC.. EXT£HD Oft A1.TER THe COVERA~ AffOROm BY nil; POuCU ea,ow. . P.O. BOX A-I COMPANIES AFFORDING COVERAGE :BEST Cin, USA 00000 ~'" ..... . c . ~AHY A RlCJ.iT GUAtD INSURANCE CO. ...... ~. . t7"t,~};1' I..f .':.~t' ~ ~ ~AN'r B COHPLE'I'E COVERAGE XNSURANcE CO. - .,"\~~ ~.~ "~.t'II WILUNG W0lWmS ASSOC. I!f~, ~ANY C ABC DUW COMPANY D ANYTOWN, USA OOOO! \.ETTER t;()JØAÑv E LEmR . . 'tHIS ~ TO a!JI'røõY TH4T POUC ItS OFINSURANa; UST£D aaOWHAVE 8EEH ISSU£l)TO ~ IH$UJIEO tu.um A8OY2 F()A '¡'HE POI.JCY ÆIIIOÐIHOtCAtED. . HOTWmtsTAHDlHG AJfY AEQUllIEMEHT. T1!RM OR c.oHCmotf Ot' ANY COHTRAc:T OR OTtIER DOOUMfKr wmt ~T TO WHICK TUI$ cmTlFICA TE MAy QIt ~UED OR ..... y PÐfT.\IN. 'I't:e 1H$UR.Ufœ AFFOtIDe:> DY TItI! POuoes DBcmDEO IfER"£IN 1$ SU8JECT Yo AU. THE T£AM$, EXCLUSfOkS. AWl) CON£H. TIOHS 01' SUCH POUCæs. Y'YPe OF IN$OFlANcE POUCY NUMBffi POliCY E/'IfCI)Vf POlICY DMArgj UA8lurr UMITS IH THOUSANDS DATf IIoIk/CCIò') DATf ~ 'r:t.··';...::' ~~HCE A(/QA!¡ÇATE GEHEAAI, LlABlUTY 6()DK. or X tcm!ef£NSM F(Jf\I,I GLP077604 3-01-90 3-01-91 1lU\JR"f $ $ X I'REMISfOO"ERATlONS ..~ !'tIOP£RTf !III6QIOI/fD OAI.II\G£ $ $ ÐrPI.OS/QH ¡ CŒ.I.APSE tIA2:AAD X ~OOfelAn¡1S Ct'IIaIW;r\JAL ~~£O $ 300 $ 300 X I/¡OEP£NDEh! CONIlIAcTOAS IIßONJ fOlVd f'fIOPfRTr DAMAÇ( PfASOtlN. IIIJtIFIY PERSoNAl INJURY $ .- an- ~I'$)$ ., .ALP0716fJ5 3-.01-90 3-01-91 m.r IU,/'Ir P'IJI.IamI $ .. PAOPEIIt'Y : ~ $ ; . . ~~ $ 300 " ",. , -. . . . ~$ $ WOfIIŒß$' COMÆHsA1IOH 3-01-90 ·_~··~~:·r,. ~,..;;~~ B CLP077606 3-01-91 /EADt JCCŒJm AHÐ ÐISEASloI'QJCy llMlI) EMl'LQYtiItS· UAÐtt.try lOIIDS£..f.AOt EMPlOYEE! OTHER . œscN"l'lON OF OPERATIONSIWcA ~ I'tEMS mIS XBSIJfCANÇE APal::ABLE TO (sr;ate project) *crn OF DRLItAY BEAG J IS ADDITIONAL INSUlŒD cÍTt OF DELRAY BEAC3 434 s. swnr.rOH AVEN:JE . DELRAY· BEACII~ FLORI 1& 33444 I·' '. ACORD 25 {8J91¡ I . -.,. .' . , DRUG FREE WORKPLACE CERTIFICATION I I If identical tie bids exist, preference will be given to the vendors who submit a certification with their bid/proposal certifying they have a drug-free workplace in accordance with Section 287.087, Florida Statutes. The drug-free wòrkplace preference is applied as follows: IDENTICAL TIE BIDS: Preference shall be given to businesses with drug-free workplace programs. Whenever two or more bids which are equal with respect to price, quality, and service are received by the State of by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed if none of the tied vendors have a drug-free workplace program. As the person authorized to sign this statement, I certify that this firm complies fully with the following requirements: 1) This firm publishes a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2) This firm infOrms employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3) This firm gives 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), this firm notifies 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 abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5) This firm imposes a sanction on or requires 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) This firm will continue to make a good faith effort to maintain a drug-free workplace through implementation of this section. COMMUNiTY ASPHALT CORR }fRfI/---Þ (; f Contractor's Name Signature ..::Jðh'k Vl.¿r-ut.J _ (j);"'" ~us.~ 13 ~ \ , I , " SCHEDULE OF PRICING , BID #2003-43 PICK-UP MATERIAL ESTIMATED QUANTITIES BASED ON A GRAND TOTAL OF ALL PARTICIPATING ENTITIES. (FOR YOUR BID TO BE RESPONSNE, UNIT PRICING AND UNIT OF MEASURE SHOULD REFLECT THE SAME AS THOSE SPECIFIED BELOW) GROUP A: ROAD MATERIALS -ASPHALTS Item Estimated Qty PICK-UP PRICE 1. Type S-1 Asphalt 350 tons $ 3cf~ /ton --- 2. Type n Asphalt 3,325 tons $ þJ~"Nj /ton ru 3. Type III Asphalt 4,248 tons $ 37 /ton .- 4. Cold Patch Asphalt 200 tons $ .660'0 /ton 5. RC#70 Tac Oil 1,885 gals $ ~~\J /gal 6. Permanent Cold Patch 120 tons $~ton (Ready Road Repair or equivalent) Permanent Cold Patch 216 pails $ A.Jð'ß,J /pail 55 lb. pails State precise pick-up location: 77 5'''} #~J'<'" ~cJ. G. Jc...W- ~ ,~15A<1n n. .3~wt Schedule of Pricing continued next page. . . 14 "t \- -J ). ~ , Schedule of Pricing Continued... . . PICK-UP MATERIAL GROUP B: ROAD MATERIAL - NON ASPHALT Item Estimated Oty PICK-UP PRICE 1. Crushed Course Límerock 1,000 tons $~ton ~ 2. Pit Run Shell Rock 780 tons $~ton 3. DraÌnfield Rock 3/4" 605 tons $ ~ "ß~J Iton 4. Best Mason Sand 88 tons $~ton 5. Clean Fill Dirt 100 yards $~~'J lyard 6. Precast Car Bumpers w/pins 220 each $~n{J leach 7. Crushed Recycled Concrete 1,462 cu. yd. $ ,ùO ~~Lcu. yd. 8. DOT Crush Rock 1,588 tons $ Ûb "ß,'Lton (non-certified) 9. #57 Rock 244 tons $ Ah ßirLton State precise pick-up location: ~chedule of Pricing Continued next page... 15 . ,- . ., . Schedule of Pricing Continued... . . DELIVERED MATERIAL - SOLID WASTE AUTHORITY (FOR YOUR BID TO BE RESPONSNE, UNIT PRICING AND UNIT OF MEASURE SHOULD REFLECf TIIE SAME AS THOSE SPECIFIED BELOW) GROUP A: ROAD MATERIALS - ASPHAL TS - DELIVERED Item Estimated Qty DELNERED PRICE 1. Type S-l Asphalt tons $ Y6 &.0 Iton / 2. Type II Asphalt tons $~ton 3. Type III Asphalt tons $ Y6~ Iton I() 4. Crushed (recycled) Asphalt 500 tons $ ;tÂ - ¡ton GROUP B: ROAD MATERIAL - NON ASPHALT - DELIVERED Item Estimated Oty DELNERED PRICE 1. Crushed Course Limerock tons $ ~ 'b'ß\~~ Iton 2. Pit Run Shell Rock tons $~ton 3. Drainfield Rock 0/.," tons $ ~ E~J Iton 4. Best Mason Sand tons $ Mt'. ~~'J Iton 5. Clean Fill Dirt 2,000 yards $~yard 6. Precast Car Bumpers w/pins each $~ea. 7. Crushed Recycled Concrete 5,000 cu. yd. $ iJ~ ~~J leu. yd. Schedule of Pricing continued next page... 16 ,-. . f - "'1. ~} . , Sche{iule of Pricing Continued... f DELIVERED MATERIAL - CITY OF DELRA Y BEACH (FOR YOUR BID TO BE RESPONSIVE, UNIT PRICING AND UNIT OF MEASURE SHOULD REFLECf TIIE SAME AS THOSE SPECIFIED BELOW) GROUP A: ROAD MATERIALS - ASPHAl TS - DELIVERED Item Estimated Oty DELIVERED PRICE ~- 1. Type S-I Asphalt 250 tons $ f7- /ton ,----- 2. Type II Asphalt tons $Þ6.~\J /ton - ~b 3. Type ill Asphalt 250 tons $ 'f7- Iton 4. Crushed (recycled) Asphalt tons $ ~7>~ Iton 5. Permanent Cold Patch 75 tons $ J..!J~ ~ t ~ton (Ready Road Repair or equivalent) GROUP B: ROAD MA TERrAL - NON ASPHAl T - DELIVERED Item Estimated Oty DELIVERED PRICE 1. Crushed Course Limerock 1,450 tons $~ton 2. Pit Run Shell Rock 750 tons $~ton 3. Drainfield Rock %" 450 tons $~ton 4. Best Mason Sand 35 tons $~ton 5 Clean Fill Dirt 300 yards $ 1Jð --¡:);J Iyard 6. Precast Car Bwnpers w/pins each $JJð73l~ lea. 7. Crushed Recycled Concrete 1550 cu. yd. $ JJÇj BfJ----!cu. yd. Schedule of Pricing continued next page. . . 17 I -"f\ J Schedule of Pricing Continued... ; . DELIVERED MATERIAL - CITY OF BOYNTON BEACH (FOR YOUR BID TO BE RESPONSIVE, UNIT PRICING AND UNIT OF MEASURE SHOULD REFLECT THE SAME AS THOSE SPECIFIED BELOW) GROUP A: ROAD MATERIALS - ASPHALTS - DELIVERED Item Estimated Oty DELIVERED PRICE 1. Type 8-1 Asphalt tons $ 7.6. ~i:' Iton / 2. Type II Asphalt tons $ kJð"""ß. ~ J Iton ~ Eð 3. Type ill Asphalt tons $ 6 r Iton 4. Crushed (recycled) Asphalt tons $ "" ~ 'fS> Iton GROUP B: ROAD MATERIAL - NON ASPHALT - DELIVERED Item Estimated Oty DELIVERED PRICE 1. Crushed Course Limerock 1,000 tons $11Ð'ß~ Iton 2. Pit Run Shell Rock 5,100 tons $ ÁJù--¡) t ( \--tons 3. Drainfield Rock 0/.," 1,000 tons $~ton 4. Best Mason Sand tons $ A%~ìc~ Iton 5. Clean Fill Dirt yards $ A1ù'13( ~yard 6. Precast Car Bumpers w/pins each $~ea. 7. Crushed Recycled Concrete cu. yd. $ )J~~ J Icu. yd. Schedule of Pricing continued next page. . . 18 ~1. \- ~ ~... Schedule of Pricing Continued... . þ DELIVERED MATERIAL - CITY OF BOCA RATON (FOR YOUR BID TO BE RESPONSNE, UNIT PRICING AND UNIT OF MEASURE SHOULD REFLEcr TIIE SAME AS rnOSE SPECIFIED BELOW) GROUP A: ROAD MATERIALS - ASPHALTS - DELIVERED Item Estimated Qty DELNERED PRICE - /" 1. Type S-l Asphalt tons $ YK/~ Iton 2. Type II Asphalt 300 tons $ D~~ì~/ton - 3. Type ill Asphalt tons $ t¡~ I.J. Iton (" 4. Crushed (recycled) Asphalt tons $ 2.3~ Iton . GROUP B: ROAD MATERIAL - NON ASPHALT - DELIVERED Item Estimated Oty DELIYERED PRICE 1. Crushed Course Limerock 1,300 tons $~&J Iton 2. Pit Run Shell Rock 900 tons $ b.\~Lton 3. Drainfield Rock %" 50 tons $~ton 4. Best Mason Sand 310 tons $ A1õ~~ton 5. Clean Fill Dirt yards $ Kia --rJ:. J Iyard 6. Precast Car Bumpers w/pins each. $ ~TIiJ lea. 7. Crushed Recycled Concrete cu. yd. $ IJI)'"ß \J Icu. yd. 19 '" . J- \, #> Scbedule of Pricing Continued... . ~ 1 DELIVERED MATERIAL - CITY OF GREENACRES (FOR YOUR BID TO BE RESPONSIVE, UNIT PRICING AND UNIT OF MEASURE SHOULD REFLECf TIIE SAME AS THOSE SPECIFIED BELOW) GROUP A: ROAD MATERIALS - ASPHAL TS - DELIVERED Item Estimated Oty DELIVERED PRICE 33 1. Type S-l Asphalt tons $ w- Iton 2. Type II Asphalt tons $ tJ~~~Gton 3. Type ill Asphalt tons $ 9s32 Iton f·r 4. Crushed (recycled) Asphalt tons $ )0- Iton GROUP B: ROAD MATERIAL - NON ASPHALT - DELIVERED Item Estimated Oty DELIVERED PRICE 1. Crushed Course Limerock tons $~ton - 2. Pit Run Shell Rock 20 tons $~/ton 3. Drainfield Rock %" tons $~ton - 4. Best Mason Sand tons $ k1Î\~,Lton - 5. Clean Fill Dirt 200 yards $ ~ ~\ Lyard 6. Precast Car Bumpers w/pins 50 each. $ Ä}{I); J lea. 7. Crushed Recycled Concrete cu. yd. $ ~1!;J leu. yd. 20 ...... .. ,"'~.' t_'; ...... Schedule of Pricing Continued... l . DELIVERED MATERIAL - CITY OF WEST PALM BEACH (FOR YOUR BID TO BE RESPONSIVE, UNIT PRICING AND UNIT OF MEASURE SHOULD REFLEcr TIlE SAME AS THOSE SPECIFIED BELOW) GROUP A: ROAD MATERIALS - ASPHALTS - DELIVERED ~ ~ ~ Item Estimated Oty DELIVERED PRICE 1. Type S-l Asphalt tons $ fr,/"f) Iton 2. Type II Asphalt tons $ N()~ Iton 3. Type ill Asphalt tons $ ~/O Iton Crushed (recycled) Asphalt ~ 4. 50 tons $ Iton GROUP B: ROAD MATERIAL - NON ASPHAL T - DELIVERED Item Estimated Oty DELIVERED PRICE 1. Crushed Course Limerock tons $~ton - 2. Pit Run Shell Rock tons $~ton - 3. Drainfield Rock W' 10 tons $~ton 4. Best Mason Sand tons $ AÆ 11;rJ_Iton - 5. Clean Fill Dirt yards $ Oð -"ß; Lyard - 6. Precast Car Bumpers w/pins each. $ ~~;J lea. - 7. Crushed Recycled Concrete 2,500 cu. yd. $ lÀ~; J Icu. yd. 21 . It) .'<'". Delivery Locations: . ~ t 1. Solid Waste Authority a) Jog Road, West of Florida Turnpike, and/or b) Lantana Road, West of Florida Turnpike c) For questions, please contact Janice Palladino, Buyer, 561-640-4000 ext. 4523. 2. City ofDelray Beach a) Within City limits per direction of the City of Delray Beach Construction Division (Rafael Ballestero, Deputy Director of Construction (561) 243-7297), or Harold Bellinger, Supt. Streets and Traffic, Public Works Division, (561) 243-7338). 3. City of Boynton Beach a) 124 E. Woolbright Road, Boynton Beach Contact person: Jim Hart (561) 742-6422 b) 1417 N. W. 4 tb Street, Boynton Beach, Contact: George Montell (561) 742-6200 4. City of Boca Raton a) Within City limits per direction of the City of Boca Raton Contact: Mike Roberts, Streets Divison (561) 416-3360 Contact: Blaine Honeycutt, Utilities (561) 338-7321 5. City of Green Acres - Contact Number: 561-643-2071 a) Within City limits per direction of the City of Greenacres Public Works Director, Streets and Grounds Supervisor, or Parks Maintenance Supervisor. 6. City of West Palm Beach a) 1045 Charlotte Ave., West Palm Beach Contact: Bobby Shed, 561-653-2644 7. City of Belle Glade a) Contact: Mike McManaman, 561-992-2200 22 · .. ~ ...~ ~ ROADS AIRPORTS References: COMMERCIAL Miami: 1.) Broward County Engineering Department 14005 N.W 186th Street 115 S. Andrews Avenue Hialeah, Florida 33018 Ft. Lauderdale, Florida Phone: (305) 829-0700 Fax: (305) 829-8772 Mr. Darwin Townsend, P.E. West Palm Beach: (954) 357-6280 7795 Hooper Road 2.) Dade County Department of Public Works West Palm Beach 111 NW 1st Street Florida 33411 Miami, Florida 33128 Phone: (561) 790-6467 Fax: (561) 790-1073 Pedro Hernandez Vera Beach: Acting Director of Public Works 5100 29th Court 3.) Palm Beach County Engineering Department Vero Beach, Fl32967 301 N. Olive Avenue Phone: (772) 770-3771 West Palm Beach, Florida 33402 Fax: (772) 770-3707 _rtified GenerðJ Conractor George Webb license Number, CG C011475. County Engineer WNvV.cacorp.net (561) 355-2006 4.) Florida Department of Transportation 1000 NW 111 Avenue Miami, Florida 33172 Gus Pego District Director of Operations (305) 499-2370 5.) Florida Department of Transportation 3400 West Commercial Blvd. Ft. lauderdale, Florida 33309 Mrs. Jennifer Olson, P.E. District Construction Engineer (954) 777-4130 NAPA ~!êær 1~~!\i~~~1 ØA\¡'j!:;:MI'!ßT A6:ã!Xrl1\11QH .;,:-1 {"". t:-.,.""" BID SI,GNATURE FORM . .. t * PLEASE AFFIX SIGNATURE WHERE INDICATED (FAILURE TO DO SO SHALL BE CAUSE FOR REJECTION OF YOUR PROPOSAL) BID #: 2004-43 Opening Date: October 29, 2004 BID TITLE: Co-op Bid for Road Construction Materials - Annual Contract COMPANY NAME: n ~ F.AKTN~ r.ON~TRTTr.TTON r.ORPORATTON DA TE: Or.TORF.R ? '), 7004 NAME/TITLE: CINDI M. FRICK - VICE PRESIDENT ADDRESS: POST OFFICE ßQX 530185 CITY LAKE PARK STA TE FL ZIP CODE 33403 FEDERAL TAX 1.0. #: 59 - 1591997 T.ELEPHONE: f. 561 ) 842-0001 FACSIMILE f. 561 ) 842-0009 *SIGNA TURE ~ø# VENDOR SERVICE REPRESENTATIVE FOR PLACEMENT OF ORDER: CONTACT NAME: DOUG EAKINS/CINOI FRICK TELEPHONE: ( 561 ) 842-0001 23 ,. {r, ;1 DElRAY BEACH . L 0 . f . A CITY OF DELRAY BEACH ~A~~ ml! t . INVITATION TO BID 1993 2001 PURCHASING OFFICE 100 N.W.1stAVENUE DELRA Y BEACH, FL 33444 (561) 243-7161/243-7363 BID NO: 200443 DATE: September 28.2004 TITLE: Co-op Bid for Road Construction Materials - Annual Contract BIDS MUST BE RECEIVED ON OR BEFORE: Fridav. October 29. 2004 prior to 3:00· p.m. at which time all bids will be publicly opened and read. INVITATION TO BID This Invitation to Bid, General Conditions, Instructions to Bidders, Special Conditions, Specifications, Addenda and/or any pertinent document form a part of this bid and by reference are made a part thereof. PURPOSE: It is the purpose and intent of this Invitation to secure bids for iteri1(s) and/or services as listed herein for the City of Delray Beach, Florida, hereinafter called the CITY. SEALED BIDS: Sealed bids will be received in the Purchasing Office until the date and time as indicated above. Bids will be opened publicly in City Hall and all bidders and general public are invited and encouraged to attend. All bids shall be submitted in sealed envelopes, mailed or delivered to the City of Delray Beach, Purchasing Office, 100 NW First Avenue, Delray Beach, Florida 33444. Outside of envelope shall plainly identify bid by: BID NUMBER, TITLE, AND DATE OF BID OPENING. It is the sole responsibility of the bidder to ensure that his or her bid reaches the Purchasing Office on or before the closing date and hour as shown above. RETURN ONE COpy OF ALL BID SHEETS. Any failure on the part of the supplier to comply with the ensuing conditions and specifications shall be reason for termination of contract. CITY'S ACCEPTANCE: Unless otherwise specified herein, the bidder will allow a minimum of sixty (60) days from the last date for receiving of bids for acceptance of its bid by the City Manager and/or City Commission. AWARD: The City reserves the right to waive minor variations to specifications, informalities, irregularities and technicalities in any bids, to reject any and all bids in whole or in part, with or without cause, and/or to accept bids that in its judgment will be for the best interest of the City, as further stated in Paragraph 16 of General Conditions. 1 '-- , fT, ,~ GENERAL CONDITIONS, INSTRUCTIONS AND INFORMATION FOR BIDDERS t . 1. SUBMISSION AND RECEIPT OF BIDS: A Bids, to receive consideration, must be received prior to the specified time of opening as designated in the invitation. B. Unless otherwise specified, bidders MUST complete all questions and price blanks in the spaces provided in this Invitation to Bid. Failure to do so may cause your bid to be rejected. However, you may attach supplemental information. C. Bids having any erasures or corrections MUST be initialed by bidder in ink. Bids shall be signed in ink. All prices shall be typewritten or filled in with pen and ink. D. All bids MUST be signed with the firm name and by an officer or employee having the authority to bind the co~pany or firm by hislher signature. 2. QUANTITIES OR USAGE: Whenever a bid is solicited seeking a source for a specified time for materials or services in the quantities or usage shown, these quantities are estimated only. No guarantee or warranty is given or implied by the City of Delray Beach as to the total amount that mayor may not be purchased from any resulting contracts. These quantities are for bidders' information only. 3. PRICES: A Bidder warrants by virtue of bidding that prices, terms, and conditions quoted in his bid will be firm for acceptance for a period of sixty (60) days from the date of opening unless otherwise stated by the City or bidder. B. Prices should be stated in units of quantity specified in the bidding specifications. In case of discrepancy in computing the amount of the bid, the unit price(s) quoted will govern. C. Consideration in awarding bids for term contracts will be given first to bidder offering firm prices subject to market price reduction and second to bidder offering firm prices for full contract period. If at any time during the period of this contract, the City of Delray Beach is able to purchase the items and/or services at prices less than our contract price, the successful bidder shall meet these prices and in the event of his failure to do so, the City of De/ray Beach may negotiate for a new contract on the open market. D. The City reserves the right to purchase items on state contract if such items can be obtained on the same terms, conditions, specifications and in the best interest of the City. E. Bidders may offer a cash discount for prompt payment. However, such discounts will not be considered in determining the lowest net cost for bid evaluation purposes. Bidders should reflect any discounts to be considered in the bid evaluation in the unit prices bid. 4. DELIVERY: A AI/ items shall be delivered F.O.B. destination, and delivery costs and charges included in the bid price. Failure to do so may be cause for rejection of bid. B. Time will be of the essence for any orders placed as a result of this bid. Purchaser reserves the right to cancel such orders, or any part thereof, without obligation if delivery is not made at the time(s) specified on bid form. 2 ,-~ . ) 5. BRAND NAMES: t II If and whenever in the specifications a brand name, make, name of any manufacturer, trade name, or vendor catalog number is mentioned, it is for the purpose of establishing a grade or quality of material only. Since the City does not wish to rule out other competition and equal brands or make, the phrase OR EQUAL is added. However, if a product other than that specified is bid, it is the vendor's responsibility to name such product within his bid and to prove to the City that such product is equal to that specified. 6. QUALITY: All materials used for the manufacture or construction of any supplies, materials, or equipment covered by this bid shall be new. The items bid must be new, the latest model, of the best quality, and highest grade workmanship. 7. SAMPLES: Samples, when requested, must be furnished free of expense to the City and if not used in testing or destroyed, will upon request within thirty (30) days of bid award be returned at bidder's expense. 8. ACCEPTANCE: The material delivered under this proposal shall remain the property of the seller until a physical inspection and actual usage of this material and/or service is made and thereafter accepted to the satisfaction of the City and must comply with the terms herein, and be fully in accord with specifications and of the highest quality. In the event the material and/or services supplied to the City is found to be defective or does not conform to specifications, the City reserves the right to cancel the order upon written notice to the seller and return product to seller at the seller's expense. 9. DEFAULT PROVISION: In case of default by the bidder or contractor, the City of Delray Beach may procure the article or services from other sources and hold the bidder or contractor responsible for any excess costs occasioned or incurred thereby. 10. COPYRIGHTS OR PATENT RIGHTS: Bidder warrants that there has been no violation of copyrights or patent rights in manufacturing, producing, or selling the goods shipped or ordered as a result of this bid, and seller agrees to hold the City harmless from any and all liability, loss, or expense occasioned by any such violation. 11. COMPLIANCE WITH SAFETY STANDARDS: A. All equipment, machinery, electrical appliances, cords and apparatus shall comply with all provisions of the Florida State Safety Standards. B. Whenever a bid is sought and services secured for any type of on-site construction the awarded bidder shall remove from the work site at the end of each working day all rubbish and waste debris resulting from his operations. The awarded bidder shall also secure the work site before leaving at the end of each working day. 12. MANUFACTURER'S CERTIFICATION: The City of Delray Beach reserves the right to request from bidders separate manufacturer certification of all Statements made in the proposal. 3 r'Jt ' t 13. SIGNED BID CONSIDERED AN OFFER: ~ , This signed bid shall be considered an offer on the part of the bidder or contractor, which offer shall be deemed accepted upon approval by the City Manager and/or City Commission of the City of Defray Beach and in case of default on the part of the bidder or contractor after such acceptance, the City of Delray Beach may take such action as it deems appropriate including legal action for damages or specific performance. 14. LIABILITY, INSURANCE, LICENSES AND PERMITS: A. PERMITS: Where bidders are required to perform work on City structure(s) or property as a result of bid award, the City will waive the cost for permits. Contractor shall pay for permits for all other work. B. LICENSES: If you are not licensed to perform work in the City of De/ray Beach you MUST obtain an Occupational License before a Notice To Proceed will be issued. C. LIABILITY INSURANCE: The City prefers the insurance and bonding companies have a BEST Rating no less than A-, VII or better. If you have any questions regarding the City's Insurance and/or Bond requirements, please contact the City's Risk Management Office at (561) 243-7150. See pages 13 & 14 for Insurance Requirements. A "sample" certificate has been attached. 15. SPECIFICATIONS: A. For purposes of evaluation, bidder must indicate any variances from our specifications and/or conditions, NO MATTER HOW SLIGHT. If variations are not stated in the proposal, it will be assumed that the product or service fully complies with our specifications. B. Any omissions of detail specifications stated herein that would render the material/service from use as specified will not relieve the bidder from responsibility. 16. AWARD OF CONTRACT: The City of Defray Beach reserves the right to accept any Bid or combination of Bid alternates which, in the City's judgment will best serve the City's interest, reject any and all Bids, to waive any and all informalities and/or irregularities, and to negotiate contract terms with the Successful Bidder, and the right to disregard all non-conforming, non-responsive, unbalanced or conditional Bids. The City reserves the right to reject any or all aids, or any part of any Bid, to waive any informality in any Bid, and to award the purchase in the best interest of the City. Discrepancies in the multiplication of units of Work and unit prices will be resolved in favor of the unit price. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. 17. TAXES: The City of Defray Beach is exempt from any sales tax imposed by the State and/or Federal Government. Exemption certificates certified upon request. State Sales Tax Exemption Certificate No. 60-00-116241-54C appears on each purchase order. 18. FAILURE TO BID: If you do not bid, return "Statement of No Bid Form" and state reason. Otherwise, YOUR NAME MAY BE REMOVED FROM OUR MAILING LIST. 19. EXCEPTIONS TO CONDITIONS, 1 THRU 18 (Boiler Plate) Any time Bid Specifications differ from the General Conditions, Bid Specifications and Special Provisions will prevail. 4 n " -20. t RENEWAL: The City Manager may renew the contract, at the same terms, conditions, and prices, ONE consecutive term(s) of ONE year(s) subject to vendor acceptance, satisfactory performance and determination that renewal will be in the best interest of the City. 21. ANTI-COLLUSION: A Bidder certifies that this bid is made without prior understanding, agreement, or connection with any corporation, firm or person submitting a bid for the same materials, services, supplies, or equipment and is in all respects fair and without collusion or fraud. B. No premiums, rebates or gratuities permitted; either with, prior to, or after any delivery of material or provision of services. Any such violation may result in contract cancellation, return of materials or discontinuation of services and the possible removal from the vendor bid list (s). 22. CONFLICT OF INTEREST: A Bidder declares and certifies that no officer, employee or person whose salary is payable in whole or part from the City of Delray Beach is directly or indirectly interested in this bid or in the supplies, materials, equipment or services to which it relates or in any portion of the profits thereof; or B. The award is subject to provisions of State Statutes and City Ordinances. All bidders must disclose with their bid the name of any officer, director or agent who is also an employee of the City of Delray Beach. Further, all bidders must disclose the name of any City employee who owns, directly or indirectly, an interest of ten percent (10) or more in the bidder's firm or any of it's branches. 23. NON-DISCRIMINATION: The Bidder shall not discriminate against employees or applicants for employment because of race, creed, color, religion, sex, age, handicapped status, disabilities, or national origin. The Bidder will endeavor to ensure that applicants are employed and that employees are treated during employment, without regard to their race, creed, color, religion, sex, age, handicapped status, disabilities, or national origin. Such action shall include but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment advertising; layoff or termination; rates of payor other forms of compensation; and selection for training including apprenticeship. The bidder agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. These provisions apply to all subcontractors and it is the responsibility of the subcontractors to be in compliance. 24. DISCRIMINATION: An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not award or perform work as a contractor, supplier, subcontractor, or consultant under contract with any public entity, and may not transact business with any public entity. 5 , .' SPECIAL TERMS AND CONDITIONS , ; BID # 2003-43 CO-OP ROAD CONSTRUCTION MATERIALS A. PURPOSE: The purpose and intent of this Invitation To Bid is to provide the best quality Road Construction Materials available at the most economical price for the following governmental entities who have elected to participate in this Co-operative Bid: City of Boca Raton City of Delray Beach City of Boynton Beach Solid Waste Authority City of Greenacres City of West Palm Beach City of Belle Glade Service and good quality are of primary concern. Bidders with low standards for either service or quality will be judged to be non-responsible and their bids non-responsive. No bid will be accepted if it offers lower standards of material and/or quality than is described herein. NOTE: The City of Defray Beach is only acting as lead agency for this co-operative bid. As such, its responsibility is limited to bid coordination and issuance. It does not presume to speak for any individual participating governmental entity or for the co-operative purchasing council. B. COMPETENCY OF BIDDERS: Pre-award inspection of the bidder's facility may be made prior to award of Contract. Bids will be considered only from firms which are regularly engaged in the business of providing the goods and/or services described in this Bid and who can provide evidence of financial support, and that they have established a satisfactory record of performance for a sufficient delivery fleet to insure that they can satisfactorily execute the services under the terms and conditions herein stated. The term "equipment and organization" as used herein shall be construed to mean a fully equipped and well-established company in line with the best business practices in the industry and as determined by the proper authorities of the City. C. NOTICE OF AWARD: It is and shall be understood and agreed that a Contract shall not be deemed to be awarded and validly entered into between the successful bidder(s) and each participating governmental entity until written notice has been given to the awarded vendor(s) by the entity through its authorized agent, and purchase order shall be issued to the Bidder(s) covering same. An award shall be made on the basis of lowest total bid Der item to the responsible bidder(s) meeting specifications. Tie bids shall be decided by a majority vote of the Co-op participants. D. CONTRACT TERM: Term of Contract shall be one (1) year commencing on/or about November 01, 2004, and expiring one year thereafter. The Palm Beach County Co-operative Purchasing Council reserves the right to renew the contract for an additional one (1) consecutive term of one (1) year period per paragraph #20 of the General Conditions. E. FIRM PRICE: The Palm Beach County Cooperative Purchasing Council requires a firm fixed price on the unit prices as bid for the contract period. NOTE: YOUR UNIT COST AND UNIT OF MEASURE SHOULD REFLECT THE SAME AS THOSE SPECIFIED IN THE SCHEDULE OF PRICING. F. DEFAULT OF CONTRACT: The participating governmental entities may, by written notice to the successful Bidder(s), terminate their contracts if the Bidder has been found to have failed to perform his service in a manner satisfactory to each entity as per specifications as stated herein, or fails to meet the City's performance standards. The Palm Beach County Cooperative Purchasing Council shall be sole judge of non-performance. 6 , r . , G. QUANTITIES: Quantities stated are for Bidder(s) guidance only and no guarantee is given or implied as . tp quantities that will be used during the contract period. Estimated quantities are based upon previous needs and estimated usage for the twelve (12) month period. Said estimated quantities may be used for the purpose of evaluating the low bidder meeting specifications by the entities. Quantities stated are shared by the participating members of the Palm Beach County Cooperative Purchasing Council. H. PAYMENT: Payments shall be made on a per order basis. All invoices submitted for payment must include certified weight certificates indicating gross, tare, and net weights in addition to showing the purchase order number and must be delivered to the appropriate governmental entity. City's agent must receive and provide signatory acceptance of delivery at designated site. /. PICK-UP PRICE: In order to determine the true lowest cost to each entity, and for the purpose of EVALUATION ONLY, a cost per mile, shall be added to vendor(s) unit bid prices for travel by the participating entity. The added price is the amount it costs each entity to travel from their respective garage to the vendor(s) site. (This cost per trip includes equipment, labor, and gasoline). Each entity will determine the actual miles from their garage to each bidder(s) pick-up site. Actual miles to be based on round trip from entity's garage tö each bidder's pick-up site. The true low bidder for one entity may not be the same for another entity, depending on the distance to the pick-up site for each entity. Therefore each entity will determine the true low bid and make individual awards respectively. THE PICK-UP COST THAT EACH ENTITY WILL ADD TO THE UNIT PRICE IS $ .90 PER MILE. J. DELIVERED PRICE: Purchase orders issued against this Contract will clearly state the location of delivery. NOTE: (1 ) Deliveries are required within 48 hours of the receipt of an order from requesting entity. (2) Deliveries to each location must be made during normal working hours unless special arrangements have been made by a particular entity. (3) Certified weight certificates must be furnished with all invoices indicating gross, tare and net weights, and the appropriate purchase order number. (4) The Government Entities will not pay charges for time spent unloading due to inexperienced drivers or mechanical failure. No additional charges for split loads will be accepted (to drop load in two different locations per requested delivery by a participating entity). (5) The successful Bidder(s) will be responsible for setting up a delivery schedule with the entity's plant supervisory personnel. Any changes in this schedule must be approved by the appropriate authority. K. ORDER PLACEMENT: After notice of award is given to the successful bidder(s), each participating governmental entity reserves the right to utilize either of the following order placement methods: (1) Purchase orders will be issued to the successful bidder(s) throughout the contract period on an as-needed, where-needed basis. Vendor must note name of person placing order on delivery tickets. or (2) A blanket (open) purchase order will be issued to successful bidder(s). Releases for delivery of product will be made against said blanket order. Vendor must note name of person placing order on delivery ticket. L. VENDOR SERVICE REPRESENTATIVE: The Bidder(s) must submit with his bid proposal the name, address, and phone number of the person(s) to be contacted for the placement of orders and the coordination of deliveries. A contact for both regular work-hours and after-hours, weekends, and holidays must be identified. This will become a part of the bid proposal and shall be so understood and agreed. 7 ~ 1 , M. COMPLIANCE WITH OCCUPATIONAL SAFETY AND HEALTH: In compliance with Chapter 442, I F,lorida Statutes, any item delivered from a contract resulting from this bid must be accompanied by a Material Safety Data Sheet (MSDS). The MSDS must include the following information: (1) The chemical name and the common name of the toxic substance. (2) The hazards or other risks in the use of the toxic substance, including: (a) The potential for fire, explosion, corrosiveness; and reactivity; (b) The known acute and chronic health effects of risks from exposure, including the medical conditions which are generally recognized as being aggravated by exposure to the toxic substance; and (c) The primary routes of entry and symptoms of overexposure. (3) The proper precautions, handling practices, necessary personal protective equipment, and other safety precautions in the use of or exposure to the toxic substances, including appropriate emergency treatment in case of overexposure. (4) The emergency procedure for spills, fire, disposal, and first aid. (5) A description in lay terms of the known specific potential health risks posed by the toxic substance intended to alert any person reading this information. (6) The year and month, if available, that the information was complied and the name, address, and emergency telephone number of the manufacturer responsible for preparing the information. N. PROTECTION OF PROPERTY: The successful bidder shall at all times guard against damage or loss to the property of the City of Delray Beach, and/or the participating entities of this bid, or of other vendors or contractors and shall be held responsible for replacing or repairing any such loss or damage. The City of Delray Beach, and/or the participating entities of this bid, may withhold payment or make such deductions as deemed necessary to insure reimbursement or replacement for loss or damage to property through negligence of the successful bidder or his/her agents. O. INFORMATION: Questions relevant to this bid shall be referred to Patsy Nadal, Buyer, City of Delray Beach, (561) 243-7161. P. JOINT BIDDING, COOPERATIVE PURCHASING AGREEMENT: State on Bid Form if you will extend the same prices, terms, and conditions of this bid to other Palm Beach County governmental agencies. Q. PUBLIC ENTITY CRIMES INFORMATION STATEMENT: Any person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. R. DETAILED SPECIFICATIONS: GROUP A: ROAD MATERIALS ASPHALTS ITEM: 1) Type S-I Asphalt -per Florida Dept. of Transportation Standard Section 331 and Palm Beach County Standards. 2) Type" Asphalt -per Florida Dept. of Transportation Standard Section 332 and Palm Beach County Standards. 8 '~,..c"""""""'_,"""""",,,,,",,~,~,;__ko" ;,. "'~'>"'., , " , . , " 3) Type 1/1 Asphalt -per Florida Dept. of Transportation Standard Section 333 and Palm Beach County Standards. 4) Crushed (Recycled) Asphalt 5) Cold Patch Asphalt - per DOT Standards 6) RC #70 Tac Oil 7) Permanent Cold Patch - Ready Road Repair as manufactured by Ready Road Repair, Inc., Dania, Florida, or Approved Equivalent. Must be a cold patch, must be a permanent patch, not temporary, applicable under any weather condition. Can be used to patch asphalt, concrete, brick, wood or rubber. Ready for instant use. GROUP B: ROAD MATERIALS NON-ASPHALT 1) Crushed Course Limerock - Course Aggregate to conform with Florida Department of Transportation Standard specifications for road and bridge construction dated 1977, Section 911. 100% shall be smaller than a 6", and a minimum of 97% passing 3". 2) Pit Run Shell Rock - Meets Palm Beach County Standards 3) Stabilizer Rock No 357 Coarse Aggregate 4) 3/4" Drainfield Rock No 57 Course Aggregate 5) Mason Sand 6) Clean Fill Dirt 7) Precast Car Bumpers wlpins - 6 foot concrete car stop with 1/2 x 12 rebar pins 8) Crushed Recycled Concrete _ Composition- The minimum percentage of carbonates of calcium and magnesium in the crushed concrete material shall be 60. Crushed concrete material shall not contain cherty or other extremely hard pieces, or lumps, balls or pockets of sand or clay material in sufficient quantity as to be detrimental to the proper bonding, finishing, or strength of the crushed concrete base. Gradation and Size Requirements- At least 97 percent (by weight) of the material shall pass a 3-1/2 inch sieve and the material shall be graded uniformly down to dust. The fine material shall consist entirely of dust of fracture. All crushing or breaking-up which might be necessary in order to meet such size requirements shall be done before the material is placed on the road. Bearing Requirements- Crushed concrete material used in construction of crushed concrete base shall have an average LBR value of not less than 120. The average LBR value of material produced at a particular source shall be determined in accordance with an approved quality control procedure. 9) D.O.T. Rock 10) Compactable Fill Sand 9 ,"t S. SCHEDULE OF PRICING PAGES: Note: On the Schedule of Pricing pages some of the estimated Quantities for line item(s) have been left blank. This is to let the bidder(s) know that there are no estimated required quantities, at this time, for these line item(s) for this participating City. If the bidder wishes to submit a price to be effective for the term of the contract for these item(s), in case the usage requirement may arise during the term of the contract, please fill in your unit price on that line item. Bidders will not be disqualified for consideration of award if they do not submit a unit price quote on the above mentioned items. 'f, 10 " . . INSURANCE REQUIREMENTS , A. GENERAL During the term of the contract with the City, the contractor shall procure and maintain insurance of the types and to the limits specified in paragraphs (1) to (4) inclusive below. 8. COVERAGE Except as otherwise stated, the amounts and types of insurance shall conform to the following minimum requirements: 1. Worker's Compensation - Coverage to apply for all employees for Statutory Limits in compliance with the applicable State and Federal Laws. In addition, the policy must include Employer's Liability with a limit of $100,000 each accident. 2. Comprehensive General Liability - Coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive General Liability Policy filed by the Insurance Services Office and must include: a) Minimum limits of $300,000 per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. b) Premises and/or Operations. c) Independent Contractors. d) Products and/or Completed Operations. e) No exclusion for Underground, Explosion or Collapse hazards. 3. Business Auto Policv - Coverage must be afforded on a form no more restrictive than the latest edition of the Business Auto Policy filed by the Insurance Service Office and must include: a) Minimum Limits of $300,000 per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. b) Owned Vehicles. c) Hired and Non-Owned Vehicles. d) Employer Non-Ownership. 2. Certificate of Insurance - Certificates of all insurance evidencing the insurance coverage specified in the previous Insurance Administrator prior to commencement of work. The required certificates of insurance shall not onlv name the types of policies provided. but shall also refer specifically to this bid and section and the above ara ra hs in accordance with which such insurance is bein furnished and shall state that such insurance is required by such Daraqraphs of this contract. The successful bidder will include the City of Defrav Beach as additional insured. If the initial insurance expires prior to the completion of the work, renewal certificates shall be furnished thirty (30) days prior to the date of expiration. Also, under the Cancellation section of the Insurance Certification the words "endeavor to" and "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representative" shall be crossed out as indicated on the attached "Sample of Insurance Certificate". 11 5612437166 CITY OF DELRAY BEACH 87Ø PØ8 DEC 21 '00 10:23 , aSSç,Ii'ø..'J;~, . ". '.';'". .: ,- . \. ..:' . -#~. r.~. . . . -q. TJfJS CårTIf'lCATE IS J:S5Um /.S.A UATnR OF 1HFOAMÞ,'J1Otf OHI.,v ~ CONFeRs" . . NO "IOHTS UPoH THI; CÐmAc.t.TI HOLD£R. THIS ŒRTIflCAT¡ DOS HOT Þ,ME1D . GOOn D{StJRA.UCE, ¡NC.. OOEHD Oft ALnR TH£ CòVSU.oe. ÞnORD£o IY TH£ POucö Da,OW. ' P.o. BOX A-I COMPANIES AFFORDING COVERAGE :BEST CIn, USA 00000 r?,. ".¡..~. ..~: ~J.HY A RICUT CU.uD INSuRABCE co. tÇ\~";;1 . . . ·,-.~r ~ ..,,~;..~~ ~AN'f B ~LEl'E COVERAGE INSURANCE co. ~,~ "",~ WILLING W0RURs ASSOC. 1:~, ~»IY C ABC DRtVE COMPANY D ANYTOWN, USA 00001 UiTT£A ~YE . . tHIS as TO CIiRm TH.\T POUC les QFIHSURANC1; UST£D 1'IaJJWHAVE 8EEH ISSU£ÐTO'nIE IN$UJIEO NAIŒD ABOVE fOR \'HE POUëY 1'£IIIOØ~'tED . NOTWmtsTAHOING AIfY AEOUII 1EMENt'. ttRM OR COHOa1OtI Of" ANY CôHJ'JW::y OR OT~ DQCUMfHT wmt ft£SIJEçy TO WHICH 1')4$ ~1fICA TE MA Ÿ 61! I$$UED OR MAY PS\T.\lH, 11 'fi IHSUR.UŒ AFJ'OtIDrro BY 1">È POUOES D£ScRIUED HEIfEIH 1$ SU&.lECT 'to AU, THE TÐ'tM$, EXCLUS/otfS. AWO ~ nONS OF $UCH POUCø::s. TYPe OF ~lIAANCE POUCY NUMBeA PDU:Y £1I'ftDvE POlICY ÐIMA TÞI UA8'lII'r UMlTS IH THOtJSA.NDS D4TI~ DATE ~ 'r~.··~~ ~~N("e AOOAliGAn: GEHEAAL LIABlUTY i!QOII. y X CCf.A!aENSM FOIIM GLP077604 3-01-90 3-01-91 II(JURY $ $ X I'I\fMISEW1MTQfS I'AOPtRn ~ ,.~ [W,.W¡£ s $ ÐcPlOSíOH 10 CIXJ.APsE tfA2.AR!} X I'IID.c1'SICOt.IPt.mo OPmATIO 1$ COtaJw;ru.q ~~£D $ 300 $ 300 :It UIOUEIWHcJ CONrllAcTORS BROAO FORM I'fIOPERTf DAMACf PfnSOtlAl. 1UJ¡¡;¡y PERSoNAl ~UAY $ .. AUTOUOØlL£ UA8lLnY anw ~$ '. ItJ/t AllTO .ALP077605 3-01-90 3-01-91 - AU. IJWNro AUTOs II'AIV. PASS.) m.T : AU. OWNEO AUTOS (~p~ ) :::rJam1J S II.IÆO AlJTIlS .' I'1'IOPI1I1 f't HæOWNfO AlJTIlS ~ $ : , IW'AGE lLIBlUTY . . ~~ $ 300 ,. -. . ~ . ~D$ S WORIŒIt$' COMPENsA"I'JOH ._:..-i-:;;:",:""... ~,..;;~~ B CLP077606 3-01-90 )""'()1-91 ŒJDt ACtŒJm AND (DISWEoI(lJCy lfMll) EMPlOYERs' UA8ltJTy ¡O/$EAS!.fAQ EMPI.O'tfE OTHER . DfôSClUPnON OF OPeAA'J1ON.S.IWc.A ~ rtWS THIS INSlIQA.NÇE AP.PIJ::ABLE TO (sr.ate project) *CITY or DRLRA'Y REAC J IS ADDITIO:tW. INSURED ,. CITt OF DELRAY BEAC!I 434 s. SWINTON AVEN1E , DE:!.RAY, BEAcI1. FLORI)A 33444 # '. ) ..,. . f . DRUG FREE WORKPLACE CERTIFICATION , <- If identical tie bids exist, preference will be given to the vendors who submit a certification with their bid/proposal certifying they have a drug-free workplace in accordance with Section 287.087, Florida Statutes. The drug-free workplace preference is applied as follows: IDENTICAL TIE BIDS: Preference shall be given to businesses with drug-free workplace programs. Whenever two or more bids which are equal with respect to price, quality, and service are received by the State of by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed if none of the tied vendors have a drug-free workplace program. As the person authorized to sign this statement, I certify that this firm complies fully with the following requirements: 1) This firm publishes a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2) This firm infOrms employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3) This firm gives 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), this firm notifies 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 abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5) This firm imposes a sanction on or requires 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) This firm will continue to make a good faith effort to maintain a drug-free workplace through implementation of this section. D. S. EAKINS CONSTRUCTION CORPORATION Æ~V VICE PRES. Contractor's Name Signature 13 ,. . , . I ~ SCHEDULE OF PRICING BID #2003-43 , '. PICK-UP MATERIAL ESTIMATED QUANTITIES BASED ON A GRAND TOTAL OF ALL PARTICIPATING ENTITIES. (FOR YOUR BID TO BE RESPONSIVE, UNIT PRICING AND UNIT OF MEASURE SHOULD REFLECT TIIE SAME AS THOSE SPECIFIED BELOW) GROUP A: ROAD MATERIALS - ASPHALTS Item Estimated Oty PICK-UP PRICE / 1. Type S-1 Asphalt 350 tons $ NIB /ton 2. Type II Asphalt 3,325 tons $ NIB /ton 3. Type ill Asphalt 4,248 tons $ N/B /ton 4. Cold Patch Asphalt 200 tons $ N/B /ton 5. RC#70 Tac Oil 1,885 gals $ N/B /gal 6. Permanent Cold Patch 120 tons $ N /B /ton (Ready Road Repair or equivalent) Permanent Cold Patch 216 pails $ NIB /pail 55 lb. pails State precise pick-up location: Schedule of Pricing continued next page... 14 < . ~_..".".__~,_..~,.""_._~~.~ ,"-~~,~",,,,,,,,_.;=.,,~,"'''''''h iI. ! \- -J ). I- Schedule of Pricing Continued... . -' i PICK-UP MATERIAL GROUP B: ROAD MATERIAL - NON ASPHAL T Item Estimated Oty PICK-UP PRICE ~ 1. Crushed Course Límerock 1,000 tons $ N/R It on 2. Pit Run Shell Rock 780 tons $ N/R /ton 3. Drainfield Rock 3/4" 605 tons $ $12.00 Iton 4. Best Mason Sand 88 tons $ NIB Iton 5. Clean Fill Dirt 100 yards $ $ 3.00 Iyard 6. Precast Car Bumpers w/pins 220 each $ NIB leach 7. Crushed Recycled Concrete 1,462 en. yd. $ $ 8.00 leu. yd. 8. DOT Crush Rock 1,588 tons $ N/B /ton (non-certified) 9. #57 Rock 244 tons $ $12.00 /ton State precise pick-up location: ~OO RENOTST FARMS ROAD WEST PALM BEACH. FL '\:hedule of Pricing Continued next page... 15 'I -t .. . Schedule of Pricing Continued... 'DEliVERED MATERIAL - SOLID WASTE AUTHORITY (FOR YOUR BID TO BE RESPONSIVE, UNIT PRICING AND UNIT OF MEASURE SHOULD REFLECf 1HE SAME AS TIIOSE SPECIFIED BELOW) GROUP A: ROAD MATERIALS - ASPHAL TS - DELIVERED Item Estimated Oty DELIVERED PRICE /' 1. Type S-l Asphalt tons $ N/B Iton 2. Type II Asphalt tons $ N/B Iton 3. Type ill Asphalt tons $ N/B Iton 4. Crushed (recycled) Asphalt 500 tons $ $12.00 Iton GROUP B: ROAD MATERIAL - NON ASPHALT - DELIVERED Item Estimated Oty DELIVERED PRICE 1. Crushed Course Limerock tons $ NIB Iton 2. Pit Run Shell Rock tons $ N/B Iton 3. Drainfield Rock y.." tons $ $17 .00 Iton 4. Best Mason Sand tons $ $25.00 Iton 5. Clean FílI Dirt 2,000 yards $ $ 6.00 Iyard 6. Precast Car Bumpers w/pins each $ NIB lea. 7. Crushed Recycled Concrete 5,000 cu. yd. $ $11. 00 leu. yd. Schedule of Pricing continued next page. .. 16 ....".~".~,,,.~,._.,,..~-"""'""'~....,-""'...,_.,"",..,,,..,,"~....~,""'"...._~....,.".~~~,"..,"",.......~.... .. ; t- 0_'1- j. Schedule of Pricing Continued... . -.:, . DELIVERED MATERIAL - CITY OF DELRAY BEACH (FOR YOUR BID TO BE RESPONSIVE, UNIT PRICING AND UNIT OF MEASURE SHOULD REFLECT TIm SAME AS mOSE SPECIFIED BELOW) GROUP A: ROAD MATERIALS - ASPHAl TS - DELIVERED / Item Estimated Qtx DELIVERED PRICE j/ 1. Type S-1 Asphalt 250 tons $ N/R Iton 2. Type II Asphalt tons $ NIB Iton 3. Type III Asphalt 250 tons $ NIB Iton 4. Crushed (recycled) Asphalt tons $ $13 .00 Iton 5. Pennanent Cold Patch 75 tons $ NIB Iton (Ready Road Repair or equivalent) GROUP B: ROAD MATERIAL - NON ASPHALT - DELIVERED Item Estimated Qty DELIVERED PRICE 1. Crushed Course Limerock 1,450 tons $ NIB It on 2. Pit Run Shell Rock. 750 tons $ NIB Iton 3. Draiufield Rock %" 450 tons $ N/R Iton 4. Best Mason Sand 35 tons $ NIB Iton 5 Clean Fill Dirt 300 yards $ $ 7.00 Iyard 6. Precast Car Bwnpers w/pins each $ NIB lea. 7. Crushed Recycled Concrete 1550 cu. yd. $ $12.00 leu. yd. Schedule of Pricing continued next page. . . 17 I 't!. '! Schedule of Pricing Continued... DEtlVERED MATERIAL - CITY OF BOYNTON BEACH (FOR YOUR BID TO BE RESPONSIVE, UNIT PRICING AND UNIT OF MEASURE SHOULD REFLECT THE SAME AS THOSE SPECIFIED BELOW) GROUP A: ROAD MATERIALS - ASPHAL TS - DELIVERED Item Estimated Oty DELIVERED PRICE 1. Type 8-1 Asphalt tons $ N/B Iton 2. Type II Asphalt tons $ N/B Iton 3. Type ill Asphalt tons $ N/B Iton 4. Crushed (recycled) Asphalt tons $ $12.00 Iton GROUP B: ROAD MATERIAL - NON ASPHAL T - DELIVERED Item Estimated Otv DELIVERED PRICE 1. Crushed Course Limerock 1,000 tons $ N/B Iton 2. Pit Run Shell Rock 5,100 tons $ NIB tons 3. Draínfield Rock 0/.," 1,000 tons $ $16.00 Iton 4. Best Mason Sànd tons $ N/B Iton 5. Clean Fill Dirt yards $ $ 6.50 Iyard 6. Precast Car Bumpers w/pins each $ N/B lea. 7. Crushed Recycled Concrete cu. yd. $ $ 11. 00 leu. yd. Schedule of Pricing continued next page... 18 t... \-.,; ~... Schedule of Pricing Continued... 'DE'tlVERED MATERIAL - CITY OF BOCA RATON (FOR YOUR BID TO BE RESPONSNE, UNIT PRICING AND UNIT OF MEASURE SHOULD REFLECf TIIE SAME AS TIIOSE SPECIFIED BELOW) GROUP A: ROAD MATERIALS - ASPHALTS - DELIVERED Item Estimated Qty DEliVERED PRICE ~ 1. Type S-1 Asphalt tons $ N/B Iton 2. Type IT Asphalt 300 tons $ NIB Iton 3. Type ill Asphalt tons $ NIB Iton 4. Crushed (recycled) Asphalt tons $ $14.00 Iton GROUP B: ROAD MATERIAL - NON ASPHALT - DELIVERED Item Estimated Qty DELNERED PRICE 1. Crushed Course Limerock 1,300 tons $ NIB Iton 2. Pit Run Shell Rock 900 tons $ NIB Iton 3. Drainfield Rock %" 50 tons $ NIB Iton 4. Best Mason Sand 310 tons $ NIB Iton 5. Clean Fill Dirt yards $ $ 7.00 Iyard 6. Precast Car Bwnpers wlpins each. $ NIB lea. 7. Crushed Recycled Concrete cu. yd. $ $12.00 leu. yd. 19 , ~ . J~. f \ ... Schedule of Pricing Continued... 'DELIVERED MATERIAL - CITY OF GREENACRES (FOR YOUR BID TO BE RESPONSNE, UNIT PRICING AND UNIT OF MEASURE SHOULD REFLECT TIIE SAME AS TIlOSE SPECIFIED BELOW) GROUP A: ROAD MATERIALS - ASPHAL TS - DEUVERED Item Estimated Qty DELIVERED PRICE ~- ~ 1. Type S-1 Asphalt tons $ N/B /ton 2. Type n Asphalt tons $ N/B /ton 3. Type ill Asphalt tons $ N/B /ton 4. Crushed (recycled) Asphalt tons $ $12.00 /ton GROUP B: ROAD MATERIAL - NON ASPHAL T - DELIVERED Item Estimated Oty DELIVERED PRICE l. Crushed Course Limerock tons $ NIB /ton - 2. Pit Run Shell Rock 20 tons $ NIB Iton 3. Drainfield Rock %" tons $ $1(, 00 Iton - 4. Best Mason Sand tons $ NIB Iton - 5. Clean Fill Dirt 200 yards $ $ 6.00 Iyard 6. Precast Car Bwnpers w/pins 50 each. $ N/B lea. 7. Crushed Recycled Concrete cu. yd. $ $11. 00 leu. yd. 20 '11..4 .it,-- \r~ ~ Schedule of Pricing Continued... c1 bELlV'ERED MATERIAL - CITY OF WEST PALM BEACH (FOR YOUR BID TO BE RESPONSNE, UNIT PRICING AND UNIT OF MEASURE SHOULD REFLECT TIIE SAME AS TIIOSE SPECIFIED BELOW) GROUP A: ROAD MA TERJALS - ASPHALTS - DELIVERED Item Estimated Oty DELNERED PRICE 1. Type S-1 Asphalt tons $ N/R /ton / 2. Type II Asphalt tons $ NIB Iton 3. Type III Asphalt tons $ NIB Iton 4. Crushed (recycled) Asphalt 50 tons $ $12.00 Iton GROUP B: ROAD MATERIAL - NON ASPHALT - DELIVERED Itet;!! Estimated Oty DELIVERED PRICE 1. Crushed Com-se Limerock tons $ NIB /ton - 2. Pit Run Shell Rock tons $ NIB Iton - 3. Drainfield Rock %" 10 tons $ $17.00 Iton 4. Best Mason Sand tons $ N/B Iton - 5. Clean Fill Dirt yards $ $ 6.00 Iyard - 6. Precast Car Bumpers w/pins each. $ N/B lea. - 7. Crushed Recycled Concrete 2,500 cu. yd. $ $11 .00 /cu. yd. 21 ~ .0 Delivery Locations: 1. 0)0 Sblid Waste Authority a) Jog Road, West of Florida Turnpike, and/or b) Lantana Road, West of Florida Turnpike c) For questions, please contact Janice Palladino, Buyer, 561-640-4000 ext. 4523. 2. City ofDelray Beach a) Within City limits per direction of the City of Delray Beach Construction Division (Rafael Ballestero, Deputy Director of Construction (561) 243-7297), or Harold Bellinger, Supt. Streets and Traffic, Public Works Division, (561) 243-7338). 3. City of Boynton Beach a) 124 E. Woolbright Road, Boynton Beach Contact person: Jim Hart (561) 742-6422 b) 1417 N.W. 4th Street, Boynton Beach, Contact: George Montell (561) 742-6200 4. City of Boca Raton a) Within City limits per direction of the City of Boca Ra~on Contact: Mike Roberts, Streets Divison (561) 416-3360 Contact: Blaine Honeycutt, Utilities (561) 338-7321 5. City of Green Acres - Contact Number: 561-643-2071 a) Within City limits per direction of the City of Greenacres Public W orIes Director, Streets and Grounds Supervisor, or Parks Maintenance Supervisor. 6. City of West Palm Beach a) 1045 Charlotte Ave., West Palm Beach Contact: Bobby Shed, 561-653-2644 7. City of Belle Glade a) Contact: Mike McManaman, 561-992-2200 22 · l ''I'_ ", ð REFERENCES - BID #2004-43 .- .." COMPANY NAME: P ALM.BEACH COUNTY ROAD & BRIDGE DEPT. ADDRESS: 1700 BELVEDERE ROAD. BLDG C. STATE: WFS'I' PAT.M RF.Af:H, FT. ZIP: 31406 CONTACT PERSON: STEVE STRONA - MIKE BOWMAN PHONE NUMBER: (561) 233-3959 COMPANY NAME: BURKHARDT CONSTRUf:TIOl'¡ ADDRESS: 1400 ALABAMA AVENUE. #20 STATE: WEST PALM BEACH. FL ZIP: 33402 CaNT ACT PERSON: VINCE BURKHARDT - DENNIS HAYES PHONE NUMBER: (561) ¡;~q-1400 COMPANY NAME: R.P. HAMBY ADDRESS: 7256-A WESTPQRT PLACE STATE: WEST PALM BEACH. FL ZIP: 33413 CONTACT PERSON: RICH HAMBY PHONE NUMBER: (')61) 471-5301. " COMPANY NAME: TOWN OF PALM BEACH ADDRESS: 951 OLD OKEECHOBEE ROAD STATE: WEST PALM BEACH. FL ZIP: 33402 CONTACT PERSON: JAMES BOWSER PHONE NUMBER: (~¡; l'Ã R1R-S440 25 VI.-CONSENT AGENDA ITEM B.S. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Fonn Must be Turned Requested City Commission Date Final Fonn Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office D AprilS, 2005 March 14,2005 (Noon.) D June 7, 2005 May 16,2005 (Noon) D April 19, 2005 April 4, 2005 (Noon) D June 21, 2005 June 6,2005 (Noon) D May 3, 2005 April 18, 2005 (Noon) D July 5, 2005 June 20, 2005 (Noon) C) w~__ .-"-., :_~)~-- ¡g May 17, 2005 D July 19,2005 ..,--,--'...... May 2, 2005 (Noon) July 5, 2005 (Noon) -;--,-. /' ~ -'..... ~ --;"j ~':J . :-1:) \""" "'''l_ ' D D t=.-.-) J_< Administrative Development Plans ~..- D D -ry .. J) ..._~ NATURE OF Consent Agenda New Business 1......-1 .---".. ......., --."" AGENDA ITEM D D r:~ "T1 Public Hearing Legal -~CD ~- -~ ~-q ~ Bids D Unfinished Business ~- C-J,\> -- í~l1n D Announcement D Presentation ~- D City Manager's Report RECOMMENDATION: Motion to award the "TWO-YEAR BID FOR HYDRAULIC CYLINDERS AND VALVES, PARTS AND REPAIRS", Bid#030-1412-05/CJD, to Construction Hydraulics of Lake Worth, Florida, for an estimated annual expenditure of: $35,000.00. CONTRACT PERIOD: MAY 17,2005 TO MAY 16,2007. The provisions of this bid award will allow for two (2) additional one (1) year extensions at the same terms, conditions, and prices subject to vendor acceptance, satisfactory perfonnance and determination that the renewals are in the best interest of the City. EXPLANATION: On April 12, 2005, two (2) proposals were opened in Procurement Services. Both proposals were thorougWy reviewed and the following determinations were made: 1) Construction Hydraulics has provided top quality workmanship, support, and service over the past several years. 2) Construction Hydraulics not only has the best hourly rates of the two bidders, but they also have twice the warranty period. Construction Hydraulics is the lowest, most responsive, responsible bidder who meets all specifications. Tim Calhoun, Fleet Administrator concurs with this recommendation (see attached memo #05-023). PROGRAM IMP ACT: The purpose of this bid is to establish a fixed price, for a two-year period, for the repair of malfunctioning hydraulic cylinders and valves and miscellaneous parts for mobiJe and industrial equipment from a qualified and responsible vendor. Parts and repairs include, but are not limited to cylinders, controls, motors, pump, valves, and any related parts, repair kits and/or components. Parts and repairs wil1 be ordered on an "AS NEEDED BASIS". FISCAL IMPACT: BUDGET ACCOUNT: ESTIMA TED ANNUAL EXPENDITURE: Fleet Maintenance 501-2516-519-46-31 $35'~ .~~ ~ ASSISt t to the Fmance DIrector SIgnature City Manager's Signature Procurement Services Œy Atto!~i&/d: Re,om"" Department Name S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC C: Tim Calhoun - Fleet Administrator File DEPARTMENT OF PUBLIC WORKS MEMORANDUM NO. 05-023 TO: Mary Munro, Assistant to the Director of Finance/Purchasing Agent THRU: Christine Roberts, Assistant Director of Public Works CJf- FROM: Tim Calhoun, Fleet Administra~ . DATE: April 20, 2005 RE: 1WO YEAR BID FOR HYDRAULIC CYLINDER REPAIRS After reviewing the spread sheet from Carol Doppler we recommend that a blanket purchase order for two years should be awarded to Construction Hydraulics. Not only do they have the best hourly rates of the two bidders, but they also have twice the warranty period. Fleet Maintenances anticipated annual expenditure is $3'5,000 from Account #501-2516-519-46.31. Copy: PW Files RECEIVED APR 2 2 2005 PROCU¿i.~::tRV¡CES _. S:\PW\Coorespondence ""- ..._~ ¡,¡. ._"_"""''''''_~W·.'·· "Z "C/) ,,"U 0" $:0 IO ;a3! II QI < aJtJJtJJ »~ ) :::0 :::;i :::~ =iJ = ~O O~ 00 dO mo ~ 000 z ) _Z _ _~ 'm' C/) CA C ZC ) 00 O-lI 00'" em Om, :Ja.C ;;0;;0 m;;o 0 ::f:00 00 ) -- -- -- (f) C/) -I C/) }> r ;;0 rOc C t'" "UO "Um "Ur -I = ~c 0 q-"U C, }>, ;;0 0 <-< c m Z m -I m m -O"U 0 - C C -6'}> r r C/) C/) VJ m m ..... :E ;;00 ;;0- ;;oc ;;um _z "U:5: .-+z -C/) O-lo......m t2: QC Q~ Q:5: 0;;0 ~~ -I}> 00 °ô ~ô ~$;» I» ~ }>~ }>}> }>tD zO IZ OA 0>0 ~"U O"U +:-m-i <:;;0 .." ~< ~~ ~~ ~~ Id ~~ ~~ 0;;0 ~;;o ~~~ m 3 Om 00 Om 0-1 0;;0 0- ~< I}> C}> '".» ." OJ C ZI Z Zo }> (f), Q Om z-l r-l OVJ-u .....0 tr. ,I QQ m zI 3;;0 mm om ~o::u ...... H o d ~ ~~ ""~ O~ ~'C/) <: ~~¡= :;;0-1" :Q ;;0 ;;0 0 -I I,.. crO I <: $;-->. 0 tz:I }> }> ;;0 C/) m mm =I 0 0 O· '" en CI.I C C }> 0 ;;0 C/) C/) ()}>"U ;;0 -:;;0 "'t1 r r CO» .v~ ~;;o ~ A ~ QO:J: ~ o 0 r C r ;;0 QQ 0 0 """-< CI.I o Z C/) m;>\m ~ CJ1 m~ ~ -I -I ~C/),.. 0 tz:I o A ." :;;0 .. ~» ~ ~ , . : .._ :;;0 C ::; en enl Q) "'t1 ~ ~ -::s 0 -I}> ;:~ 0 ()ro ~ m -Ir~ ..,. r -I}>w _ 0 t::! ~ m,,:<:;A~r;:¡~ -< 1-" t" ~~mmC/)~ë ~ I ~ t::I o·.o~Om~# - () Cd Z Z Z {ß {ßZC11~OC - Z rt H I 0 0 0 ~ ~ ~ ~ g: ~f1:l~}>~:ið~ 0 g § , tD tD tD "#. C/) C/) 0 0 oC11C11~Ic....;;U~..k.. m ~ ~ 0 0 0 0 0 O~~Q~-I~ ~ :;;0 }> ~~or~~ ~ en ~ Cr C11~OW;;o() 0 _ ImtDW}>. o ~ Oð)O ~ ~ o W com ~ t::I , --I -I 1-3 r en t =<;:¡:.~ - i!= n. II) = ~ ~ t" ;;0 ~$!.!!!.CD C/) -I 0 Q,~;¡¡ø en Qo m}> m C/) ~~a.~ ::! r -I r e CDO!:!;O ..-, < m,,-I ;;o~Z :::r ¡¡r 33 n }> "U~Z .......C11CJ ~ ~ !!!. _ H r .. .....(X)m CDVI-<:::r Þ'Zj I ,r 0" VI II) CD H < 0..:5: --1-1 -< c VI < n m {ß {ß {ßZC11}> tDC/)I ëD ~ 0 g: þ,. C/) {ß N {ß .þo. , , ~ 0) O)mO);;O m<:e 0) =,:: a. ~ o (X) m .þo. 0 "0 0 .. ~ - }> <: -< ¡¡ CD :::r Q H C11 <:.v Co Í\.) ~ ~ ~ 0 0 OC11"'O O.þo.~ ¡g, a. CD VI 0 W ~ ~ 0 0 0 0 0) --I "U I -I :¡:. II) 5' ~ iñ' !:2 ~.þo.. - Ie VI ~ ° éii en "'~O ,,}>c ~~;¡¡a.* --IC11I r<o éii~~:::r * .þo.o}> C/) =gCD~ * 10)< w[T1:¡:. VI!iJ!!!. >-'3 * (X) W Z CD<":> 1-'" * C11 m t 0 õ5'1I) a ~ N.þo. _ <0 ëD :!.: a. r-+ n VI II) :::r Q) VI éii CD I-' ~ g¡ ~ ::T -. a. -< 0 6f r-+ 0 ~ !:!; -. ::¡ ::s g ~ ~ \jJ - . VI ~ I-' ro ro rt :Þ- p.. a 1-" ::s 1-" 00 rt 'i Q) rt o 'i I roo C/»> C/)C/) "Uz ~ ~ I"U C"U º~ "U~ < OJfJJfJJ ~~ CO cz c"u ;uc » » o;u C/)m C/)O m» m 000 ~z ro-j rom -š: ;U ;U C/)- -j;U "U;u ;UC/) z z:!! Š:' š:O ~ro ;U ;U mC) "C) Oz G')-j 0 :;tOO 00 -^ C/)m om 0 m;u ::jo -" C/)m » » C/)-- »m oCc -j- C/);U - , ;UZ »0 ;u ~-< C/)š: -jC) Z Z C/)ëf.i '0 wmm C/»> m^ m» CO -j -j -j ,» ,- C/) 0-10 oro o:::j -< -< c-j š:» 0Š: 0, ïm C/)-j » ro" ro- -G') 0» Zo '-» <» C- O Š:ro "U "U š:z C/)m ~~-I roO 0 m m 0 C/)(j) C/) m:::O š:Z ^ z ~ô -C) . 0 -jm ->. .. m ;U ;U ::j, "U "'I'V" -0 » Ó "u" C/)O 0 ."OJ -j" " m"U 0 0 mC »0 I .. » I O;U og "U C/) ow-u rrlŠ: " 0 0 ;U- » » »0 m 0 r -- z -jC/) ~0;;o 0- 0 0 "U "U C/)C) ;U , O-U- :::0" z » ^ 0 » » (j) 0 -j 0 . r 0 < C/) ro ;U ~ C/) 0 o $:->. -fO ;U ::¡ 0 » 0 -j C C/) . I'V en:::o " ;U C/) z ~ ""Q , 9 -j -j I'V Qo::r: 0 0 0 C/) z " 0 :::0-< ~ I C) " (]I m I mo z m ~~ m -j 0 C/) :::oC -< () en!: m -j» 0 (") C/) m ::j'.... Z -- , »:d ~ (") Z 0 m"z^o):;u -< "U~.. m c -j I m~C/)^() ï ro» z 0" 0 Om-j - Z Z Cš: .... .... 0 0 Z~~OC~Õ C/)- -< -< -< -< -< W f1)7'»~~OZ 0 -Z m m .... m m m 0 C) 0 m Zo C/) C/) » » C/) ::!2. 0 0 UlUIÈ5Ic....;UI I m;u 0 0) cx! - --j -< :::0 ;U ;U C/) C/) ....O)(j)"-jIO -< C/)_ -j -j en 0 C/)~ ~~O'~~~ ;U UI....OW~()C » 0 I <Drow . r C ~ ~ O~o 0 , C) z W Com C/) m -. -j 0 0 0 "TI -< , :::;; þ ~ Z D> _ CD Ó 0 :J o @ ::¡: ":< ~ <" ~ m ~ -j » 0 D> CD CD en ;U m m CIJ ¡¡¡ ..., Q. ::::;" C/) -< ¡= ~,,::j c o =-. 0 ~....z ::T ~ 3 3 Qo om , ~~~ »UI[:g CD ~ CD ~ ~~ C/) ¡¡¡ en - ::T < -<cx!õ <T en '< CD » ZZ 0) 0) C 0" š: -.-i '< c: D> < mO "U roC/)I Æ. <T en CD , š: š: ZUl» 3 0 :J < O-j "U m~2:1 m~c CD -. - a. m -< -< 0 0 , W » -< () ::: ~ 0 ro» 0 CD ::T ~ C/) m m .... z z -< 0 0 ';' ~ 0 O.þ..o ¡¡; Co CD en Cš: C/) C/) "::R. I-j~ Co _. D> 0 -j -j =r¡ 0 O)-."U :J 0- ëif UI C/)- I I .... .þ.. . - Ie D> ~ éD -z ~&O en ¡¡¡ Zo C/) C/) z ,,»c §I ~ CD Co m -.UlI '<0 ¡¡¡ ::T m;:u CD 0 CD C/)_ m .þ..o» wmCIJ , :J () ¡¡¡ C/)~ 0 &0)< W' þ en CD _. .þ.. z CD <" ::J m UI m 0 0 N .þ.. 0 ~ ~. ~ UI .þ.. :r. a. ::r en ~ CD ~ CD 0 =:. ß) ~ () :J - ::+ a. '< D> ~ 0 ::!. 3' ::¡: g CD ~ - . en w,"'_'.,....k III .',1 11' "_.~."'..,,~._''',,..., 0 ~o < CD CD CD ~~ 0 00 m oë5ë5 :5: ;::oZ Z :5: ^::!:! 0 :t:I:OO Co m -0;::0 0 OCC Z r:5: ;::0 wmm <-< -- }>}> (f) (f) o-- 0-10 »m m- '-þ ï» (f)0 ~~-f <:::0 cZ -" .. m m (JO 1\)"," ."m :5:Ïl ' .. þ oWìJ -0 ~o:::o »C ~;::o ()ìJ- :::O-n mc . r 0(;) Ô~-' -10 I . '" en:::o Ïl ;::0 '" Qo::I: m 0 m 0 :::0-< C11 mc ~~ :::oC: 0 en!: -- }> 0 ("') m ~r""" Z r }>W (J) ("') mÏlz^1\.) -- -o~.. mO>ê -~~oZ C m I (f) O101~Ic-;:U:J: m -< 0> CO - -- -< 0 ......O>(;)Ïl-i:J:O :::0 ;::0 ¿"~orm--~ en }> COOOw;::oz 01...... ;::ooC c I (D(JW}>' ï C 85 O~o (5 0 W com (J) 0 -..J -- 0 -< "Tl r .. ~ » - : ( D> = ¡J¡ 0 n. :0 0 (1) =I: ;::0 -- }> 0 ':" :T <' ~ (f) m m en ~ ~ ~ ~ ¡:;:;Ïl~ C CDO~O Qo ~......z :T~33 < ~~~ }>01~ @ ëi1 ~ :T » -<cor C" U) Q) CD ï o .. :5: -..J--I '< C CJ) < < Z01}> (J(f):r .... 0" (1) m -< m~;:!! m~c .!!!. 3 ~ :0 (1) -. 0- :n m ~"'O }> -< ~æ:gQ ::> (f) O~O ('þQ.CDcn :J1 O>-..J-o I--~ a. _. Q) :: D> :0 0" (J ...... ~. - Ie (J o - "'000 Ïl}>C ¡:¡¡ < (1) ¡¡j" (J (1) 0- -..J01I r<o - " ¡:¡¡ :T ~O}> wmen (1)= 0 (1) 000>< :0 C') .... W' :Þ (J (1) !!!. 01 m ~ z (1) <' :::J 0 N ~ 0 ~ ª* ~ 01 ~ ~ g. :;: UJmCD ~ ~ ~ ~a.'< D> _ 0 "" 3' =I: g CD ~ - . (J BIDDER ACKNOWLEDGEMENT Submit Bids To: PROCUREMENT SERVICES 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 Telephone: (561) 742-6323 Broadcast Date (City) MARCH 23, 2005 Bid Title: TWO YEAR BID FOR HYDRAULIC CYLINDERS AND VALVE PARTS Bid Number: 030-2516-05/CJD Bid Received By: APRIL 12,2005, NO LATER THAN 2:30 P.M. (LOCAL TIME) Bids wi]] be opened in Procurement Services unless specified otherwise. Bid receiving date and time is scheduled for: APRIL 12,2005, no later than 2:30 P.M. (local time) and may not be withdrawn within ninety (90) days after such date and time. An awards made as a result of this bid shan confonn to applicable sections of the charter and codes of the City. Name of V endor: Construction Hydraulics of Lake Worth, Inc. Federal I.D. Number: 59-2528453 A Corporation of the State of: Florida Area Code: 561 Telephone Number: 585-6637 Area Code: 561 FAX Number: 586-7019 Mailing Address: 1320 South J Terrace City/State/Zip: Lake Worth, Fl. 33460 Vendor Mailing Date: ~~ - Authorized Signature Edward Godbout/president Name Typed THIS PAGE MUST BE SUBMITTED WITH PROPOSAL 15 "--'~"'"""'P;--';;-""''''''''''~~''-'-"-'~'.''''''-~'''^'~" Specifications Continued Please place an (x) on the blank line next to each item if a specification is met. If exception is taken (alternatives), bidder must explain using a separate sheet of paper. Bidder must submit specifications "check-off' sheets (Page 3-5) with the proposal sheet in order for a bid to be considered. ~ All bid prices are F.O.B. Public Works, Fleet Maintenance, 222 N.E. 9th Avenue, Boynton Beach, Florida. x Fleet Maintenance's hours of operation are: Monday through Saturday from 6:00 a.m. to 5:00 p.m. ~ Several of the City's facilities operate 24 hours per day, 7 days per week, 365 days per year. ~ Priority work assignments are necessary for all "fire and life safety" resources. ~ The City fleet is diverse and the successful vendor(s) must be able to accommodate all the needs of our fleet inventory. --=- The City fleet contains units with small single action cylinders on lawn mowers to double action multi-stage cylinders on garbage compaction units. --=- Valve bodies can be single or multi-function. ~ The City fleet contains both American standard and metric sizes. ~ Fleet service technicians will remove and replace all minor and major components. ~ Vendor will supply miscellaneous parts for hydraulic cylinders and valves at a percentage discount off of list pricing. A copy of list prices to be submitted with the bid proposal for price comparison(s). --=- Vendor will have personnel on duty Monday through Saturday for regular routine service work. ~ All repairs and service work will be randomly inspected by Fleet Maintenance to assure quality, safety, and serviceability. ~ Vendor will provide pickup and delivery service to and from Public Works, Fleet Maintenance Shop at 222 NE 9th A venue, Boynton Beach, FL. Fleet maintenance will have the option to transport parts to and from Public Works to expedite repairs, if necessary. ~ Vendor will capture and properly dispose of all waste petroleum products at their service facility. THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER 4 FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Specifications Continued ~ All replaced parts will be properly cycled back through approved waste s,treams. ~ Vendor will maintain an inventory of proper service tools and parts required for routine service and repair work. .~. Vendor will provide the correct grade of lubricants required by equipment manufacturer when completing all service or repair work. _~ All repair schedules or work requests wi]] be provided through Fleet Maintenance on an "AS NEEDED BASIS". ~ Vendor will provide detailed invoicing to Fleet Maintenance for each repair/service that will allow Fleet to update repair/service hist~ry records for each resource. x Fleet Maintenance Supervisor, or his designee, wi]] become contract administrator for all payment processing. . , , . THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER 5 FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE - . ..;,",'.,'''''''''''''. 'J'" .~.. ~. r~r . "N iIi ¡¡j." JI :u¡_"_...._.,;*""...c¡, PROPOSAL BLANK BID PROPOSAL TO THE CITY OF BOYNTON BEACH, FLORIDA To An Bidders: Date: April 12,2005 The undersigned declares that he has carefuny examined the specifications and is thoroughly familiar with its provisions and with the quality, type and grade of product/service caned for. It is the intention of the City of Boynton Beach to award this bid, specified herein, to a source that win give PROMPT AND EFFICIENT SERVICE FOR PARTS/REPAIRS. Any failure of the successful bidder( s) to comply with these conditions may be cause for cancellation of any order placed or tennination of said awarded Bid immediately upon notice by this City. Upon review of bid proposals, it may be in the best interest of the City to award both a PRIMARY and SECONDARY VENDOR to meet the demands of our Fleet Maintenance Division. When submitting more than one bid proposal price for this product and/or service, indicate how many individual and/or combination item(s) are to be tabulated and considered. Attach a separate proposal sheet for each. The estimated annual expenditure for this bid is $35,000.00. Parts and Repairs will be ordered on an "AS NEEDED BASIS". We understand it is impossible to quote a major repair without the unit tom completely down, so we are requesting your proposal include the following: ITEM HOURLY SHOP RATE FOR GENERAL HYDRAULIC SHOP WORK $ 50.00 Per Hour HOURLY SHOP RATE FOR HYDRAULIC MACHINE SHOP WORK $ 55.00 Per Hour PICKUP AND DELIVERY CHARGES (To and From Public Works) $ -0- Per Round Trip CAN YOU MAKE HIGH PRESSURE HOSES UP TO TWO yes~ INCHES? Y eslN 0 DO YOU INVENTORY MATERIALS TO MAKE TWO INCH yes lOSES? YeslNo THIS PAGE TO BE SUBMITTED ALONG WITII PROPOSAL IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 16 IF "YES", WHAT PERCENTAGE DISCOUNT OFF OF LIST 20 % PRICING WILL BE EXTENDED TO CITY? %Percent/ Discount PETROLEUM BASED HYDRAULIC FLUID/PER GALI__ON $ no bid Per Gallon SYNTHETIC BASED HYDRAULIC FLUID/PER GALLON $ no bid Per Gallon NON-CONDUCTIVE HYDRAULIC FLUID/PER GALLON $ no bid Per Gallon WASTE OIL DISPOSAL COST/PER GALLON $ no bid Per Gallon WORN/DAMAGED PARTS DISPOSAL COSTS $ no bid Per Part PERCENT AGE OF DISCOUNT OFF LIST FOR MISC. PARTS 30 0/0 % PercentlDiscount PRICE LIST, INCLUDING TWO-INCH HOSES, SUBMITTED yes FOR COMP ARISON(S) Yes/No WARRANTY PERIOD/PARTS (Attach separate sheet if necessary) 1 year WARRANTY PERIOD/LABOR (Attach separate sheet if necessary) 1 year ALL PRICES F.O.B. BOYNTON BEACH Number of Bid Proposals submitted 1 Specification "check-off' sheets (Page 4-5) submitted yes Yes/No Con,truction Hydraulic, of Lake WortO. Inc.~~ -- ~ COMPANY NAME SI ATURE Edward Godbout/president PRINTED NAME ( 'it'd) 'if\')-nn17, president - TELEPHONE NUMBER TITLE THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 17 "'0""_'"""",,,",,,," ~__·",,,,,;·;~..,,""~,ú~,.,, CONFIRMATION OF MINORITY OWNED BUSINESS A requested form to be made a part of our files for future use and information. Please fin out and indicate in the appropriate spaces provided which category best describes your company. Return this form with your bid proposal sheet making it an official part of your bid response. Is your company a Minority Owned Business? x Yes No If Yes, please indicate by an "X" in the appropriate box: ( ) AMERICAN INDIAN ( ) ASIAN ( ) BLACK ( ) HISPANIC ( ) WOMEN ( ) OTHER (specify) ( x) NOT APPLICABLE Do you possess a Certification qualifying your business as a Minority Owned Business? YES NO - - If YES, Name the Organization from which this certification was obtained and date: Issuing Organization for Certification Date of Certification THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL 19 ANTI-KICKBACK AFFIDAVIT STATE OF FLORIDA ) : SS COUNTY OF PALM BEACH ) I, the undersigned hereby duly sworn, depose and say that no portion of the sum herein bid win be paid to any employees of the City of Boynton Beach as a commission, kickback, reward of gift, directly or indirectly by me or any member of my firm or by an officer of the corporation. BY:~~ - NAME - SIGNATURE Sworn and subscribed befo~ \ ,20 Jt} this --11- day of 0\. \ Printed Information: Edward Godbout NAME president "j\ ~\D~4tJa ~ TITLE NOTARY PUBLIC, State of Flori a at Large Construction Hydraulics of Lake Worth COMPANY ,,~'''''''' NICOLE LEIGH BAKER , f.tØ MY COMMISSION # DD 322442 í ~. ."'¡ EXPIRES: May 24, 2006 i < '<t~~ Bonded Thru NoIBry PtIJIc UnderwriI8fS j ~ "OFFICIAL NOTARY SEAL" STAMP THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 18 CONFIRMATION OF DRUG-FREE WORKPLACE Preference shall be given to businesses with drug-free workplace programs. Whenever two or more bids which are equal with respect to price, quality, and service are received by the City of Boynton Beach or by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed if none of the tied vendors have a drug-free workplace program. In order to have a drug-free workplace program, a business shall: I) Publish a statement notifYing employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlJed substance is prohibited in the workplace and specifYing the actions that will be taken against employees for violations of such prohibition. 2) Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3) Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4) In the statement specified in subsection (1), notify the employee that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community by, any employee who is so convicted. 6) Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 20 VI.-CONSENT AGENDA ITEM B.6. 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 o April 5, 2005 March 14,2005 (Noon.) D June 7,2005 May 16, 2005 (Noon) o April 19,2005 April 4, 2005 (Noon) D June 21. 2005 June 6, 2005 (Noon) o May 3, 2005 April 18,2005 (Noon) D July 5, 2005 June 20, 2005 (Noon) [8] May 17, 2005 May 2,2005 (Noon) D July 19,2005 July 5, 2005 (Noon) 0 Administrative D Development Plans NATURE OF [8] Consent Agenda 0 New Business ::') AGENDA ITEM 0 0 ~')-i Public Hearing Legal ·:·~i-< 0 Bids 0 Unfinished Business --<'c") ___\ -ii 0 Announcement 0 Presentation r<) '----..- -;--;0 0 --J .:?-:: City Manager's Report -~ ~...~ ---1 ,-, RECOMMENDATION: Motion to award the, "THREE YEAR LEASE OF SEVEN (7) NEW AND ~ED~~5 SATURN (VUE) VEHICLES", Bid#033-2110-05/CJD to SATURN OF WEST PALM BEACH, for $330.82 ped~~th per vehicle plus an additional $17.72 per month for the maintenance agreement. Each vehicle would be $348.54Læont.h?f~ a total expenditure for the seven (7) vehicles $29,277.36/Year. :I: EXPLANATION: On April 20, 2005, Procurement Services received and opened three (3) proposals for the lease of seven (7) vehicles. After careful evaluation it was detennined that Saturn of West Palm Beach is the lowest, most responsive, responsible bidder who meets all specifications. The Police Department leases these vehicles for the Citizens On Patrol program. Police Chief, Marshall Gage concurs with this recommendation (see attached Memo). PROGRAM IMPACT: The purpose of this bid is to obtain prices trom vendors to provide a three (3) year lease program to include, but not limited to, specified requirements for new and unused vehicles for use in the City's Police Department by the Citizens On Patrol (C.O.P.) group. ( FISCAL IMPACT: ACCOUNT NAME/NUMBER: ANNUAL EXPENDITURE: Other Contractual Services 001-2110-521-49.17 $29,277.36Near M~ y-;G.~f) ~ Kurt Bressne Assistant to the Finance Director City Manager Procurement Services Department Name S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC Michael Munro - Bureau of Support Services Police Department File 1 RESOLUTION NO. R 05- 2 3 A RESOLUTION OF THE CITY COMMISSION OF 4 THE CITY OF BOYNTON BEACH, FLORIDA, 5 APPROVING THE AWARD OF A THREE YEAR 6 LEASE (BID NO. 033-21] 0-05/CJD) FOR SEVEN NEW 7 AND UNUSED VUE VEHICLES TO SATURN OF 8 WEST PALM BEACH, IN THE ANNUAL AMOUNT 9 OF $29,277.36; AUTHORIZING THE MA YOR TO 10 EXECUTE SAID CONTRACT; AND PROVIDING AN 11 EFFECTIVE DATE. 12 13 \VHEREAS, On April 20,2005, Procurement Services received and opened three 14 (3) proposals for the lease of seven (7) vehicles; and 15 \VHEREAS, it was detennined that Saturn of West Palm Beach was the lowest, 16 most responsive responsible bidder who met and exceeded aH specifications. 17 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION 18 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 19 Section 1. The foregoing "Whereas" clauses are hereby ratified and confinned 20 as being true and correct and are hereby made a specific part of this Resolution upon 21 adoption. 22 Section 2. The City Commission of the City of Boynton Beach, Florida, 23 hereby approves the award of a three year lease of seven (7) Saturn Vue vehicles for use in 24 the ·Police Department by the Citizens on Patrol (C.O.P.) group in the annual amount of 25 $29,277.36, subject to budget appropriations, and authorizes the Mayor to execute a Lease 26 Agreement between the parties with the condition that the Indemnification language be 27 revised to the satisfaction of the City Attorney, a sample copy of which is attached hereto 28 as Exhibit "A". 29 Section 3. That this Resolution shaH become effective immediate1y. 1 2 PASSED AND ADOPTED THIS _ day of May, 2005. 3 CITY OF BOYNTON BEACH, FLORIDA 4 5 6 Mayor 7 8 9 Vice Mayor 10 11 12 Commissioner 13 14 15 Commissioner 16 17 ATTEST: 18 Commissioner 19 20 City Clerk ~~ s:R~so\Bid AwardsEVEN vehicles -- COPS Program 23 I IDZ WCf) zO = ï om Z 0 -i N"'U < (DaJaJ 1\)-4 * -1- * -0 Qo"'U 00 CCf) ox c » 0 0;;0 m - -- o::¡: * °z ~m ï"'U ;:o-i en"'U :5: ï -i ~O Z 000 * 0, 0 c-< f=o -Iï ID m » Cf)"'U 0 =t:t:00 0;0 t""' mo Cf)- en» Z ï 0 Ulm ~ ;;00 c:!! 00 zïJ ;:oZ m 0 »0 OCC ï IDO mïJ ~~ m» ;;0 » "'U -iCf) ;;0 wmm C/)m ï ~~ °ï ç=! 0 ;;0 m c» Cf) 'f-i0 ~-< Cf. C :s;:ï ;;0 ;;oï -;¡ m -10 ïJ "'-» Cf) -i- » mï 0 :5: Z"'U . -i0 =» zZ ID ->.š':-i 0 mz Cf) ID (;)0 ~ 0 ~;;o ->.m em ~ m ï 0 Z <- 0'- fl:l ;0» z o = Cf) cO 0 » m -IïJ "'U -i b~» z;o Cf. » I G) 0 °0 ;;0 I mm ....a ïJ -ïJ (}1VJ-u ïJ m ;;0 0 <-i 0 ïJ <0 -0;0 - , ~ 0 0 m Cf) mI "'U 0 m;;o ()-u- <m :;¿ /'\ m -i ~m 0 ;;0 I c-- r e» Cf. 0 :5: Cf) p;;o Cf) » -m O~I\) þot :::¡ ïJ m » m:5: » ï 0» 0 mC/) ¡ z -i ï ïO - -m ïJ en~ Cf) ï mI Cf. 0 = -i I\) <0 H Z Cf) 0 ïJ Cf) m 0 ~ "'U I -i < U1 m" ~ m m ::¡: tzj m Z -C/) '"7j ~ :5: -i Om 1-'- m Cf) ~ Cf. ,< PJ þot -i mm ~ ¡ 0 C/)z () '< -i ro Cf. 0 ¡¡; m :5: H . F;; »O.....~ - t::I < c... ....... 1-'- tzj () -0 -izOm ti () I -i W - Z Z "0 OïJZO~» ro i:¡: 0 0 r Z ~.. -Oï Z () H ã' rt g -i -i () w ~.. :5:~mlD m 0 Cf) Cf) ;::¡. N W ~(1»»<m :E ti ¡:¡ -< -< C C -< ~ --..J -~ W a,->.;;o-im;;o m 9~ 01 01 81"/,\_-z-i m ID ID m , 01 0 » ~ Cf) Cf) :5: :5: Cf) () <0 0 0 a,<O»OOï * < 0 0 (X) 01. »m Z :::¡ :::¡ a 0 0 7'O>~Iï» -i -i ![ g:N ôm~ C ~ m m m ~~o~oz e 0 0 .Q --..JN01;;oG) tzj <:: ....a 5" x mN<- Z Cf. 0 N ï~mz e >< ~ -<->. 0 ~ .þ. . C/) -..¡ m ~ ; ~ ~ ó C JJ »~ ~ þot t~ !2. ~" ~ tzj n -i -im ~ '"w~ë5U1 H m -iCf)..... -, -, a. ~ "'z: ï Z-iN CDo~a H m ïJ'- N ::T ~ 3 3 n "'U~Cf)"'U0~ * ~ ~ () - ~ I -i»Z () (f -< ::T -< -< Z c:r (f w () H 0 W ~~~~~~ '< <:: (f < ¡ m m N w ~ ëiJ 3" 0 ~ -< -< -< Cf) Cf) 0 W W m~IID¡=~ 0..-. _. _ a. Cf. -- -- :5: W ~ fir ~ Q m m m ï ï ..... ..... 0 .. , m m- (") * Cf) Cf) Cf) m m "'U 01 ~~Z~~_ () c. () (f ::r * * » » ï :...¡ co c. _. W :=: 1-'- * N ~w :::J c:r ~ Cf) Cf) m ~ 6:~8_I~~ en ...., 0 CD ro m m -i ¡¡j" m (5 c. H1 m <O--..JïïJ-i éD-gëD~ ~ --..J--..JOï~ &~ID f . ¡¡: £ ª. PJ <0 mW-! () <" :::J ti --..J ;;oWï .- -. Q) CJJ ~ ~~~ ::r --..J G) g ( PJ (ñ" Q) ::T f-' (f m () f-' o w 0 ¡;¡: :::J 2- GJ ...... ;::+ a. '< PJ 01 W _ 0 (JQ 0 g- 3' ~ ro -i »Cf)Z .:::J ~ (ri ~ ~ -iO" C I-d mïJ~I~Z 0 "'U~""»;uô f-' - W -- -- CO f1:1~OC:þ» (") m m m :5: :5: ..... 0> --..J N ::r 0 CONID~hiCf) Cf) Cf) Cf) m m ~ 0 1-'- * :5: :5: 0 0 ~~C_ Z ro 0 , I ï_;:OG) H1 0 0 N.....-iïO ~01m ~- o--..J;;oO>enz ~O>:5:~~o 01 »--..J-I" o zwm o CD CD CD () ~() tD() (J)}> < CD OJ OJ 1\)..... 0 00 CO cz m 000 0:1: š:: ~Z tD-; Z ;UZ š::- 0 =t:I:OO 0;;0 š:: ^:!J Z:!J -^ 0 U1m m "U;U m;U -;- OCC Z rš:: (J)š:: -;() ;U wmm enm -; }>}> (J)}> m^ (J) <f-f0 ~-< (J) ()-; -; 0' "'-» m- 6 tD ->o.S:-f c:m 0 }> Z Z () ->o.mm ;;o:Þ 0" " 0 0 ^ 6~» z;;o Ï1 Ï1 }> 01V>-U 0 š:: Ï1 -0;0 -ï ;u Ï1 0-u- <m C Z 0 L.. r C::Þ G) 0 ~ 0S:1\.) ;u . 0 men Ï1 :::¡ :::¡ - -m ;u I\) m -< 0 <0 m 0 0 ~ 01 ~"T1 Z -en m Om 0 ï< mm --j š:: enz m fñ }>().....~ - --.... ~ =1;z8m - .. Z Z oÏ1Z()'¡::"}> Z (J) 0 0 z~"-Or ml\) m mo -; -; ~..š::~m~ z~ (J) (J) &~~~rii;u :e 0š:: C C -< g Cf^_-z-; :Þ tD tD m ~o š:: š:: (J) cIoCO}>oOr œ01· }>m Z -;0 :::¡ ~ '1>O>~Ir}> -m -; ~N 6m~ C Or Z m m ~~O.¡::..oz c: (J) 0 0 .....,N01;UG) x ml\)-- Z N r.¡::..<- '" -<.....mz c: ~ 0 en ..... m ..... ;!:: ëiJ Õ C ~ (J) D) - 0 -< ::> !a. œ. æ: m -; }>m ~ ~ :::T < ~ (J) m ~(J)""'c D) (1) (1) (J) -- ëiJ .., a. =t' Z r z-;I\);U o = 0 .. 0 mÏ1" I\)z :::T æ: 3 3 (J) -; "U~(J)"UO ~ üJ ~ g m tD}> B.. ~F=~~ 0" (J) D) (1) m '< C (J) < Cš:: Z01"UŠ::š::~ ~ 0" (1) Z ~. 3 Q, 5. 0 -< (J)- -< m~ItD¡=m (1) ;::;: - 0 m -Z m .. I m m- £l. éÐ ':7 .., -; Zo ~~Z~~~ (1) a. (1) (J) ~ (J) m;U (J) a. _ D) = D) ::> 0" (J) (J)_ -;-"ÇDG)I;U"U (J) ëiJ o ¡þ 6 (J)-; o>WO- -<}> ¡¡¡- (J) c¡¡ a. Z -< CO"""rÏ1-;r - u ëiJ :::T (1) 0 (1) (J) 0 ";'I~or~š:: . ::> o ëiJ ~ co tD tD (J) (1) _. co mW- (1) :C:' ::> Z ....., ;u~rm .... -. I» ~ ~ m m ....., G)o }> :::T a. _ 0 co () ëñ" 2!. ~ I (J) (1) o D) 0 ...... Q 5. ~ -< (JI nr .... 0 m 0 "" 3' =: -; }>U>Z g (1) ~ (J) - . (J) -- m ~ ()' Z r C .. 0 mÏ1ZI~Z (J) -; "U~oo}>;:o6 ml\) tD}> I Ï1C-; mo Ooo;Uš::-Z Z~ Cš:: Z~mtD~¡:;:¡ -< (J)- -< 0š:: -Z f1:I";'IOC»}> -;0 m Zo m COl\)tD::Uõ(J) ~O (J) m;U (J) '¡::"'¡::"CG)m- (J)_ """0r- ;:oZ -m (J)-; I~-;¡=OG) Or -< ~01m :- Z 0 <?~;u~cnz (J) ~ ..... š::.....£() 01 }>.....,-f. Z o Zwm m o 00 0 00 00 CITY OF BOYNTON BEACH, FLORIDA INTER-OFFICE MEMORANDUM TO: Carol Doppler DATE: April 21, 2005 FILE: ~,AgCnt SUBJECT: Bid # 033-211 0-05/CJD ~---- FROM: a . age REFERENCES: Chief of Police ENCLOSURES: After reviewing the three bids submitted, it is our recommendation to go with the lowest bid from Saturn of West Palm Beach in the amount of $330.82 per vehic1e. We would like to add the P.M. maintenance to the contract at $17.72 per month to bring the total to $348.54 per month. This is still lower then the next lowest bid. To whom it may concern, The cost of a 3 year and 36,000 mile maintenance agreement is $630.00 per vehicle which equates to a monthly cost of $17.72 month per vehicle. The total lease payment would be $348.54 month with this agreement. $348.54 x 7 = $2439.78 total of payments per month with the maintenance agreement. If you have any questions in reference to this addendum please feel free to contact me. Thank you, Stephen Goldberg, (Sales Manager) BIDDER ACKNOWLEDGEMENT Submit Bids To: PROCUREMENT SERVICES 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 Telephone: (561) 742-6323 Broadcast Date (City): MARCH 25, 2005 Bid Title: THREE-YEAR LEASE OF SEVEN (7) NEW AND UNUSED 2005 SATURN (VUE) VEHICLES Bid Number: #033-2110-05/CJD Bid Received By: APRIL 20, 2005, NO LATER THAN 2:30 P.M. (LOCAL TIME) Bids will be opened in Procurement Services unless specified otherwise. Bid receiving date and time is scheduled for: APRIL 20, 2005, no later than 2:30 P.M. (local time) and may not be withdrawn within ninety (90) days after such date and time. All awards made as a result of this bid shall confonn to applicable sections of the charter and codes of the City. Name of Vendor: .JA7afß OF f.t}L;5T #JUt &f.H Federal J.D. Number: clæ3~l A Corporation of the State of: fLOellJd . Area Code: 5(,1 Telephone Number: 6'17- ~¡r¡n Area Code: J'7A¡ FAX Number: --11-ð ~ <3H4 Mailing Address: Jd;l(J jj IL""?:J )$,. City/State/Zip: ~r fkH /h;ot, f";' .J}¢tJf Vendor Mailing Date: .. av/os. (fufJIK'J GOUJßCr6. Name Typed TillS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL 14 PROPOSAL BLANK BID PROPOSAL TO THE CITY OF BOYNTON BEACH, FLORIDA To All Bidders: Date: 1(;r;!ø The undersigned declares that he has carefully examined the specifications and is thoroughly familiar with its provisions and with the quality, type and grade of vehicle called for. When submitting more than one bid proposal price for vehicles, indicate how many individual and/or combination item(s) are to be tabulated and considered. Attach a separate proposal sheet for each. The undersigned proposes to deliver the vehicles in accordance with the specifications for the sum of: LEASE OF SEVEN (7) SATURNS: VUE AUTOMATIC WITH FULL WHEEL COVER: 3aJ~ X7 $ óJ3/b .!i EACH VEHICLE TOTAL PER MONTH ALL PRICES F.O.R. BOYNTON BEACH It is further agreed that the vehicles will be delivered within _ calendar days rrom the date of the Purchase Order rrom the City. Number of Bid Proposals submitted -LJor¿ "7 C~-9'¿j Explanation of other maintenance costs relating to vehicles VI -- submitted: Yes No List of billable costs at "turn-in time" VI -- submitted: Yes No Copy oflease agreement /1 -- submitted: Yes No Specification "check-off' sheets (page 3 & 4): ~ -- submitted: Yes No THIS PAGE TO BE SUBMITTED IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 15 ~SfilUEJJ Of áJlJT(tJ~· COMPANY NAME ( ~f61 ) 697-1P+l- TELEPHONE NUMBER THIS PAGE TO BE SUBMITTED IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 16 NONCOLLUSION AFFIDAVIT OF PRIME BIDDER State of Floe/or; .. ) County of H<J{ N a~ ff/ ) ~&del1 flvllt:J ' being first duly sworn, deposes and says that: of ~ çr;r.iJ/J Of Wt'-ií{.)Q{l1 19;,1(1- 1) He is '" Ç¡t£ S JVe,. - (Title) (Name of Corporation or Finn) the bidder that has submitted the attached bid: 2) He is fully infonned respecting the preparation and contents of the attached bid and of all pertinent circumstances respecting such bid; 3) Said bid is genuine and is not a collusive or sham bid; 4) Further, the said bidder nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly with any other bidder, finn or person to submit a collusive or sham bid in connection with the Contract for which the attached bid has been submitted or to refrain from bidding in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communications or conference with any other bidder, finn or person to fix the price or prices in the attached bid or of any other bidder, or to fix any overhead, profit or cost element of the bid price or the bid price of any other bidder, or to secure through any ollusion, nspira2J connivance or unlawful agreement any advantage against the '/J - - :" _ (Local Public Agency) or any person interested in the propo d Contract; and 5) The price or prices quoted in the attached bid are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the bid4,ß1 0 any of its agents, representatives, owners, employees, or parties in interest, includin . affi t. ;'.:øí ~/ (Signed) Subscribed and sworn to before me (Title) l\pti \ ,20 OS LESSLEY OWENS Florida : . ~ My Commission Expires Jon 10. '2f1J7 ~~: ;;",:.f . Commission # DD 1 48956 "',f,,9i,r,\,,"" Bonded By Notional Notary Assn. TillS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 17 ANTI-KICKBACK AFFIDA VIT STATE OF FLORIDA ) : SS COUNTY OF PALM BEACH ) I, the undersigned hereby duly sworn, depose and say that no portion of the sum herein bid will be paid to any employees of the City of Boynton Beach as a commission, kickback, reward of gift, directly or indirectly by me or any member of my firm or by an officer of the corporation. By: Sworn and subscribed before me this l),,()th day of Go(ì \ ,20 Of) Printed Information: ~ /, ~ .. OÙí) ~!J \ ~{6J ~£ TITLE l /1 Ó f !Jtsrµ'{fI( fbr;¡L lJ If (¿JRJI COMPANY ",~:.\!V~~3', LESSLEY OWENS f~o. (i~ Notary Public· State of Florida ~. : : . ~ My CommlsronExplresJan 10 X1J7 "'1/1: . ....:: ' ~$,.ó" "'o~ Commission # DD148956 '"OFF\.o\\, B d dB N . ."""." on e y atlonal Notary Assn. "OFFICIAL NOTARY SEAL" STAMP THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 18 CONFIRMA TION OF MINORITY OWNED BUSINESS A requested form to be made a part of our files for future use and information. Please fill out and indicate in the appropriate spaces provided which category best describes your company. Return this form with your bid proposal sheet making it an official part of your bid response. Is your company a Minority Owned Business? X Yes No If Yes, please indicate by an "X" in the appropriate box: ( ) AMERICAN INDIAN ( ) ASIAN ( ) BLACK ( ) HISPANIC ( ) WOMEN ( ) OTHER (specify) ( ) NOT APPLICABLE Do you possess a Certification qualifying your business as a Minority Owned Business? YES NO - If YES, Name the Organization from which this certification was obtained and date: Issuing Organization for Certification Date of Certification THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL 19 CONFIRMATION OF DRUG-FREE WORKPLACE Preference shan be given to businesses with drug-free workplace programs. Whenever two or more bids which are equal with respect to price, quality, and service are received by the City of Boynton Beach or by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug-free workplace program shan be given preference in the award process. Established procedures for processing tie bids will be followed if none of the tied vendors have a drug-free workplace program. In order to have a drug-free workplace program, a business shan: I) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2) Infonn employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3) Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4) In the statement specified in subsection (1), notifY the employee that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the tenns of the statement and win notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community by, any employee who is so convicted. 6) Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person ~uthorized to sign the statement, I certify that thi~rm comp)i~~fully with the above reqUIrements. . .4/ / > ' " / THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 20 SPECIFICATIONS FOR THREE-YEAR LEASE OF SEVEN (7) NEW AND UNUSED 2005 SATURN (VUE) VEHICLES - BID #000-2110-0S/CJD SCOPE OF BID: The City of Boynton Beach is seeking prices fi-om vendors to provide a three (3) year lease program to include, but not limited to, specified requirements for seven (7) new and unused 2005 Saturn (VUE) Vehicles for use in the City's Police Department. Please place an (x) on the blank line next to each item if a specification is met. If exception is taken (alternatives), bidder must explain using a separate sheet of paper. Bidder must submit specifications "check-off' sheets (Pages 3-4) with the proposal sheet in order for a bid to be considered. TERM OF LEASE X Three (3) year lease agreement X Vehicles must be delivered between May 30, 2005 and June 10, 2005 TYPE OF VEHICLE/SEVEN (7) VEHICLES X Saturn VUE Automatic with Full Wheel Cover MAINTENANCE X Option for City to provide oil changes X Attach a separate sheet of paper explaining any other maintenance costs related to your lease program. SPECIAL CONDITIONS X Minimum mileage will be 12,000 miles per year Vehicles wiII be white in color THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 3 Vehicle will be striped with vinyl tape by the City for the Police Department's C.O.P. Program ._ A devise will be provided for roof-top mounting of a strobe light >< Front floor mats will be provided X A sample lease agreement will be submitted with proposal FINANCIAL .>< On Proposal Page 15, list monthly payments per vehicle ~ List all billable costs at "turn-in time" TillS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER 4 FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE VI.-CONSENT AGENDA 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 TII1Ded m Meetin~ Dates in to City Clerk's Office Meetin~ Dates to City Clerk '5 Office o April 5, 2005 March ]4,2005 (Noon.) o June 7, 2005 May ]6,2005 (Noon) o April]9,2005 Apn14,2005 (Noon) o June2],2005 June 6, 2005 (Noon) _.-.-, -", o May 3, 2005 Apnl ] 8,2005 (Noon) o July 5, 2005 June 20,2005 (Noon) 0.-.' , '. C2J May J7, 2005 May 2, 2005 (Noon) o July] 9, 2005 July 5, 2005 (Noon) - .) - -'~1 r-,,) ") ~-., - ~-,\ -"1 J ..-, 0 0 . , Administrative Development Plans .--" -_.-;'~ .' ..t ......_ NA TURE OF C2J Consent Agenda 0 New Business r;-,> ::2 cD ~":'tt1 AGENDA ITEM c,,) i-:;~ 0 Public Hearing 0 Legal ~- i~'n :J:: 0 Bids 0 Unfinished Business 0 Announcement 0 Presentation 0 City Manager's Report RECOMMENDATION: M...... to ·pprov. ..d .uth.ri.. .igoi.g of.. Ag....m..1 r.r W.... S."';e. Ou..ld. the City Limits ..ilb Arm.odo C..... r.r the property .. 1237 Hlgbrie.. Rei, La...... FL (Rldg. G rov. ADD NO I L TS 187 & 188). ."-. EXPLANATION: .." J' Th. pa..eI eov...., by tJû. ·g....m..1 i.elad.,. aiagle-r"'/ly b........1ed t. the So. e.atle/Rfdg. Grov. proj... area. O.ly potabl. .....r.. ...ilab.. r... ....odi.. I..... Property.I..... tim. d.. to ......1 ...ter ...i. imp,,-- - 00.... e...truel.., by P"" Beaeh eoo.ty.. part.ra ..;gbborb.... I..prov.meot pr.j.ct. (See "eali.. m.p) PROGRAM IMPACT: A W'''r D"trlholioo ...i. b.. r....tJy..... ....pI.Ied.. tbfa........ .1/.wI.g r.r the .....;.. to Ibfa P'..eI. N. additional construction will be required by tbe City to serve tbis property. FISCAL IMPACT: None RNA TlVES, N.... Thi. p...., fa ..lthin the Vlil/ti., "..ie. .~ . R:. City Manager's Signature Department Name ~ CI Attorney I Finance I Human Resources XC: Peter Mazzella (wI copy of attachments) Michael Rumpf, Planning & Zoning " Anthony Penn " File " S:\BULLETIN\FORMSIAGENDA ITEM REQUEST FORM.DOC \ 1 RESOLUTION NO. ROS- \ 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 Fl-,ORIDA, AUTHORIZING AND DIRECTING 5 EXECUTION OF AN AGREEMENT FOR "WATER 6 SERVICE OUTSIDE THE CITY LIMITS AND 7 COVENANT FOR ANNEXATION BETWEEN THE 8 CITY OF BOYNTON BEACH AND ARMANDO CORZO; 9 PROVIDING AN EFFECTIVE DATE. 10 11 12 WHEREAS, the subject pruperty is located outside of the City hmits, hut within our 13 ater and sewer service area, located at 1237 Hi ghvi ew Road, Lantana, Florida (Ridge Grove 14 D No.1, Lots 187 & 188); and 15 WHEREAS, the parcel covered hy this agreement wì11 include a single-family home 16 ocated in the Sand Castle/Ridge Grove project area; and 17 WHEREAS, a waler distribntion main has recently heen completed on this street 18 Howing for the service to this parcel; and 19 WHEREAS, no additional construction will be required by the City to serve this 20 roperty. 21 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION O~' 22 HE CITY OF BOYNTON BEACH, FLORIDA, THAT: 23 Section 1. The foregoing "Whereas" clauses are hereby ratified and confinned as 24 eing true and correct and are hereby made a specific part of this Resolution upon adoption 25 26 Section 2. The City Commission hereby authorizes and directs the City Manager 27 o execute a Water Service Agreement between the City of Boynton Beach, Florida and 28 ANDO CORZO, which Agreement is attached hereto as Exhibit "A". 29 Section 3. This Resolution shaH become effective immediately upon passage. 30 :\CA\RESO\Agreements\Water Service\Corzo Water Service Agreement.doc 1 2 3 PASSED AND ADOPTED this _ day of , 2005. 4 5 6 CITY OF BOYNTON BEACH, FLORIDA 7 8 9 10 Mayor 11 12 13 Vice Mayor 14 15 16 Commissioner 17 18 19 Commissioner 20 21 22 Commissioner 23 tt est: 24 25 26 ity Clerk 27 28 S:\CA\RESO\Agreements\Water Service\Corzo Water Service Agreement.doc TillS INSTRUMENT PREPARED BY: James A. Cherof, Esquire 3099 East Corrnnercial Blvd. Suite 200 Ft. Lauderdale, FL 33308 AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXATION TillS AGREEMENT made on this _ day of ,200_, by and between .Ar t'Y\l1.V\ do C G Z.o hereinafter called the "Customer", and the OTY 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: l. The City agrees to provide Customer with water service from its Municipal Water System to service the real property descnbed as follows and which Customer represents is owned by Customer: (Exhibit A) 2. The Customer and the City hereby agree that there are rl Equivalent Residential Connections which City shall service. 3. The Customer agrees to pay all costs and fees of engineering, material, labor, installation and inspection of the facilities as required by the City of Boynton Beach Code of Ordinances or Land Development regulations to provide service to the Customer's premises. The Customer shall be responsible for installation in conformance with all codes, rules and regulations applicable to the installation and maintenance of water service lines upon the Customer's premises. 1 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 tbe event the City bas such work performed, the Customer will also advance such additional funds as may be necessary to pay the total actual costs incurred by the City. 4. Any water main extension made pursuant to this Agreement shall be used only by the Customer, unless written consent is granted by the City of Boynton Beach for other parties to connect. All connections shall be made in accordance with the Codes and regulations of Boynton Beach. 5. Title to all mains, extensions and other facilities extended from the City Water Distribution System to and including the metered service to Customer shall be vested in the City exclusively unless otherwise conveyed or abandoned to the property owner. 6. The Customer agrees to pay all charges, deposits and rates for service and equipment in connection with water service outside the City limits applicable under City Ordinances and rate schedules which are applicable which may be changed from time to time. 7. Any rights-of-way or easements necessary to accommodate the connections shall be provided by the Customer to the City. 8. The Customer shall, contemporaneously execute and deliver to the City an Irrevocable Special Power of Attorney granting to the City the power and authority to execute and advance on behalf of the Customer a voluntary petition for annexation. Customer covenants that it shall cooperate with the City and not raise opposition or challenge to such annexation if and when annexation is initiated. The property shall be subject to annexation at the option of the City at any time the property is eligible under any available means or method for annexation. Customer will infonn 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. 2 9. Annexation is intended to be and is hereby made a covenant running with the land described in paragraph 1 above. This Agreement and the power of attorney referenced herein is to be recorded in the Public Records of Palm Beach County, 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, impainnent or tennination 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, impainnent or tennination 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 att orneys 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 perfonnance 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. () ....-w ~JNESS WHEREOF,~he parties hereto have set their hands and seals this J..:l day of . ( , 200 s. ~ -If!:J.UAL(S) AS OWNER(S): Witness Sjgnatur~j, ~f- -~ Owner Signature ,~~I F. ~ fJr~4() Crzo Printed Owner Name Printed Witness Name , 'J~ú- ~ Witness Signature fY) ì lie 'Í \Ie VY) Cl Printed Witness Name 3 Witness Signature Owner Signature Printed Witness Name Printed Owner Name Witness Signature Printed Witness Name FOR INDIVIDUAL (S) NOTARIZATION: STATE OFftORIDA ) ) 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 ¡hE? /YJáncl(¡ (1 u ¡('~ ù to me known to be the person(s) described in and who e cuted the foregomg mstrument that he/she acknowledged before me that he/she executed the same; that the individual was personally known to me or provided the following proof of identification: ¡C t'o fl, ¡I ù /J ,e ¡' t/ (' /? S L,' r' f? TlS --e . ..-J WITI:ŒSS my hand and official seal in the County and State last aforesaid this &.;J day of fJ ~ ,200;- I - (Notary Seal) ~~ )., /kcu~ \\111'" B b ~,,~~y pt!;", ar ara M. Madden f:?¡;'~;Ccmmission # DD125274 Notary Public ~~\ /~~ Expires July 19 2006 -:.~~ ~~ . "/OFf\,t;;)~,... Bonded Thru "'''"\,,' Atlantic HODcling Co., Inc. WITNESS: CITY OF BOYNTON BEACH, FLORIDA Kurt Bressner, City Manager ATTEST: City Oerk STATE OF FLORIDA ) 4 ) ss: COUNTY OF PALM BEACH) I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and ill the County aforesaid to take acknowledgments, personally appeared , City Manager and , City Oerk respectively, of the City named in the foregoing agreement and that they severally acknowledged executing same in the presence of two subscribing witnesses fieely and voluntarily under authority duly vested in them by said City and that the City seal affixed thereto is the true corporate seal affixed thereto is the true corporate seal of said City_ WITNESS my hand and official seal in the County and State last aforesaid this day of ,200__ (Notary Seal) Notary Public Approved as to form: City Attorney 5 ìHIS INSìRUMENì PREPARED BY: James A. Cherat, Esquire 3099 East Commercial Blvd. Suite 200 Ft. Lauderdale, FL 33308 IRREVOCABLE SPECIAL POWER OF ATTORNEY (By Individuals) STATE OF FLORIDA COUNTY OF -'RJ WI. .~~ I/We, A-r M.L\..V\.Je. GíZ-o , hereinafter "Grantee", hereby make, constitute, and appoint THE CITY OF BOYNTON BEACH, FLORIDA, true and lawful attorney in fact for Grantee and in Grantee's name, place and stead, for the sole purpose of executing on behalf of Grantee the power to initiate, maintain, and complete a voluntary petition for annexation of the real property described herein into the CITY OF BOYNTON BEACH. This power shall extend to the CITY OF BOYNTON BEACH full and complete authority to act on Grantee's behalf to accomplish annexation by any available means. The real property which is the subject of this power is described as follows: CJ(j-t.j 3 - tf~ -09 ·-09 - ðOO- 1870 The powers and authority of my attorney, THE CITY OF BOYNTON BEACH, FLORIDA, shall commence and be in full force and effect on the ZL day of Apùl , 20ðÇ" and the powers and authority shall be irrevocable by Grantee. 9- ,A<-¿/ IN WITNESS WHEREOF, we have hereunto set our hands and seals the » day of f} /J'~~ , in the year two thousand and f· v f . I Sealed and delivered in the presence of ~~- Itness Signature Owner Signature <S~W\~~/ ç: ~ !/r.'7) .../Vi. c; r¿o Printed Witness Name Pnnted Owner Name V~C< ¡1,~ Witness Signature ~ mo'. ¡iY);) Je ? Printed Witness Name Witness Signature Owner Signature Printed Witness Name Printed Owner Name Witness Signature Printed Witness Name STATE OF FLORIDA ) ) ss: COUNTY OF PALM BEACH ) ~ THE FOREGOING INSTRUMENT was acknowledged before me this ;l.~ day of A /J ¡¿ j' , ,2OD ~--; by fl (L rn ~U¡ r-I,') [1 D ¡e 7 " and I , who are known to me or who have produced I'::: /0 L.,rl {<. 1"112,' I.':' tp 1:/5 L, 'f "/¡sf, as identification and who did/did not take an oath. ~4~,- A. /R-~J ~..~~..'~V~íl''', Barb~~ M. Madden NOTARY PUBLIC . g~:¡t~~on # DD125274 ?'!?\ ¡~E ExpIreS July 19. 2006 -;OPt"" <:J~~ Bonded Thro T P· t N ......"ß~,~~\\" Atlantic Bonding Co.. Inc. ype or nn ame Commission No. My Commission Expires: POA.IND Palm Beach County Property Appraiser Property Search System '~'2~;C' . "A L: _~~f~~1'r'~~~;·'-L~-::-;-.:'\- . -~rofJe'~t¥ ;\ppt~¡SiJrfg P, Dlic A::eq; Syste..... ~~1~~f~~:i~?¿:=~~: ~,',.'.' ~ ~ . '.; . ,;: ~ '¡.. - : . - ~.~__n.M~ ~-..--.~~~.... "__ _~'"'~ _,~~" ....--.. - Property Information ----- Location Address: 1237 HIGHVIEW RD l~'i~.Piìi~1 Municipality: UNINCORPORATED Parcel Control Number: 00-43~5-09-09-000-1870 Subdivision: RIDGE GROVE ADD 1 IN Official Records Book: 12420 Page: 1815 Sale Date: Mar-2001 Legal Descriptiol1: RIDGE GROVE ADD NO 1 LTS 187 &. 188 Owner Information Name: CORZO ARMANDO ~~}'é;"AlhÐwDel.5J,;¡¡."",·1 Mailing Address: 1237 HIGHVIEW RD LANTANA FL 33462 5911 Sales Information Sales Date Book/Page Price ~al~.IY-P~ Owner l~"",~""""c~¡1 Mar-2001 ),2420Ll815 $80,000 WARRANTY DEED CORZO ARMANDO Aug-2000 U054L66~ $33,000 WARRANTY DEED CORZO MIGUEL 0 Apr-2000 1.!74QL~94 $100 CERT OF TITLE NORWEST BK MINNESOTA TR Exemptions Regular Homestead $25,000 Year of Exemption: 2005 Total: $25,000 Appraisals Tax Year: 2003 2002 Tax Year 2004 Improvement Value: $52,21 $47,17 Number of Units: 1 Land Value: $17,92 14,00 *Total S uare Feet: 917 Total Market Value: $77,274 70,13 $61,17 q Use Code: 0100 Description: RESIDENTIAL * in residential properties may indicate living area. Assessed and Taxable Values Tax Year: 2004 2003 2002 Ass~ssed Value: $63,83!i $62,64 $61,171 '_~Øiì!llalLi:,! Exemption Amount: $25.0ÓCJ $25,00 $25.00CJ Taxable Value: $38,83!i $37,64 $36.177 ~ Tax Values Tax Year: 2004 2003 2002 ~.,.,<;.y.",,; ............,.. Ad Valorem: $757 $736 711 Non AdT~:~~a;=~ :::-: ::~::::. ~I NOTE: Lower the top and bottom margins to 0.25 on File->Paøe Setup menu option in the browse.- to print the detail on one page. Record Search I Information IE~.r:n.Ptiºrl~ ¡Community I EmQiQY.flli:J}\: I New Home Buyer I Qffic~ Loca1iQIl~ http://www.co.palm-beach.fI.uslpapa!aspx!web/detaiJ jnfo.aspx?p - entity='0043£~.; lzn;tt- -- 'I I I u'uu 0150 ! 0140 0120 10110 0100 I 0171 I !IJ 0200 0130 I .. - ¡ ------ ~o 0172 ~- I I 0010 I' 0020 1 0080 1 in. = 151.4 feet - 0162 0210 0030 0040 0 0050 0060 0070 0080 0090 0161 I --, -------- 60 ~ ...L - -....- Ii: 0210 0151 Rn' I I 0010 ~ 0152 0010 r--c::¡= 0220 - "'\ ~- 0142 it: 0030 0040 0050 0060 0010 0080 OODD 0100 0010 0080 0020 \ 0110 I 0230 - 0141 0090 ~ 0240 0130 3110 3130 P1S1 p161 3170 3200 ~221 ~231 :1241 32S0 3210 0100 ! AL TO Rn 0110 ! ( 0120 0010 0120 3090 3070 ~06Ð :J0511 3030 :J02Ð 3000 2980 2960 2950 2930 0130 0020 0112 2490 'SH '52( 2530 55] 2560 ~Ol ~6U 2620 2640 2650 ZI 0140 0030 0111 ., Alii: RD i 0150 0040 ! 0160 I ¡' 2480 2460 45Ð Z4411 2420 2380 2360 2340 2330 2311 23 : 0050 0092 - - 1. ______ -- t 0060 0011 . .... ..2. .0.. ....::. .70 .a. "' ..1 I; 2010 ,03( 204( t180 0010 i W ! ¡ 190 0080 ! , , , 851 i 200 0090 1860 ~84( 83( 8211 8U 1191 1780 ¡¡7111 ~16Ð ~15Ð ~14( ~1311 ~12Ð 1110 1690 6 I 1210 0100 !t81Ð D88( D85( It84I1 0821 0810 0191 0111 0760 75Ð 0730 þ72Ð 0110 70Ð ~69Ð ~ 0110 0220 I Htt::W. AND RD ¡ 0120 j) þ8811 0890 0910 0930 0950 0980 0991 011 021 1030 Þ411 0420 ----., 0130 ¡ 0140 1210 120] 1180 1160 1141 1130 1211 1100 0941 1061 1050 ~OÐ !t31Ð 0 0150 I Location Map - 1237 Highview Rd ~ ., . " .) VI.-CONSENT AGENDA ITEM C.2. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Fonn Must be Turned Requested City Commission Date Final Fonn Must be Turned Meeting Dates in to Citv Clerk's Office Meeting Dates in to Citv Clerk's Office c=J Plpri15,2oo5 March 14,2005 (Noon.) c=J June 7, 2005 May 16,2005 (Noon) c=J Þ.pril 19, 2005 Þ.priI4,2005 (Noon) c=J June 21, 2005 June 6, 2005 (Noon) c=J May 3, 2005 Þ.pril 18.2005 (Noon) c=J July 5, 2005 June 20, 2005 (Noon) - . ~: .--- -.,.- ~ May 17, 2005 May 2, 2005 (Noon) c=J July 19, 2005 July 5, 2005 (Noon) ~.'~.~ ~.;:; ~""J .") "'1 r\) fD i~Y' :'":1 c=J Administrative c=J Development Plans -,- ,- -~.~ ~ ""- NATURE OF ~ Consent Agenda c=J New Business ·;-1 &_-~-.-" ~ "ì AGENDA ITEM - - . ... .-:-,.. c=J Public Hearing c=J Legal --. -. - co c=J Bids c=J Unfmished Business '-'.) Zi:~; L.J c=J c=J .' (J Announcement Presentation - c=J City Manager's Report RECOMMENDATION: Approve and execute via a resolution the agreement between Palm Beach County and the City to provide funding to offset costs for HeritageFest 2005. The funding. in the amount of $9,000, is made available from the County's Recreation Assistance Program (RAP) District 7. EXPLANATION: The HeritageFest Committee is seeking support to offset the cost of various event activities, including supplies, entertainment and related expenses, participant awards, catering, scholarships, and other miscellaneous expenses associated with events and activities that were part of HertiageFest 2005. County Commissioner Addie Greene has authorized the allocation RAP funding for this purpose. PROGRAM IMP ACT: The agreement has been written to allow for the reimbursement of pre-agreement expenses subsequent to October 1,2004 (exhibit "A"). FISCAL IMPACT: It expected that $9,000 will be received from Palm Beach County. ALTERNATIVES: Do not execute the agreement. ~ ~ City Manager's Signature RecreaJion & Parks ~Ø/<; Deparbnent Name Ity Attorney I Fmance I Hwnan Resources S:\BULLETIN\FORMS\A.GENDPl TIEM REQUEST FORM.DOC Department of April 5, 2005 Parks and Recreation Ms. Mary DeGraffenreidt, Recreation Manager 2700 6th Avenue South C/O. Ezell Hester Recreational Center Lake Worth. FL 33461 :1901 N. Seacrest Boulevard (561) 966-6600 Boynton Beach, FL 33435 FAX (561) 963-6747 RE: PALM BEACH COUNTY RECREATION ASSISTANCE PROGRAM FUNDING wwwpbcgov.com AGREEMENT FOR HERIT AGEFEST 2005 Dear Ms. DeGraffenreidt: . Attached for signature on behalf of the City of Boynton Beach are two originals of a funding Agreement in an amount not to exceed $9,000 to help offset costs for Palm Beach County HeritageFest 2005, which was held in February of 2005. This funding is from the Board of County Recreation Assistance Program (RAP) District 7. Expenses eligible for Commissioners reimbursement include supplies, entertainers and entertainment, ribbons and Tony MasiJotti, Chairman trophies, officials, prizes, disc jockey, catering, scholarships, celebrity fees, air travel and ground transportation, lodging expenses and meals/gratuities, programs, port-o- Addie L. Greene, Vice Chairperson lets, bands, tent rentals, stage lighting and sound, temporary fencing rental, and other miscellaneous expenses associated with events and activities at HeritageFest Karen T l\'1arcus 2005. The Agreement has been written to allow for the reimbursement of pre- Jeff Koons agreement expenses subsequent to October 1, 2004. Warren H Newell Please see that both originals are executed on behalf of the City of Boynton Beach Mary "'lcCarty and return them as soon as possible. Attach copies of an up to date certificate of insurance meeting the requirements indicated in Section 15 of the Agreement. Burt Aaronson Do not complete Exhibit "B" to the Agreement or return any reimbursement documentation until after the Agreement has been executed by the Board of County Commissioners and returned to you. An instruction sheet ("Documentation County Administrator Procedure RAP/Bond Request for Reimbursement) is attached to assist in preparing your reimbursement request after approval of the funding Agreement. Robert Weisman If you have any questions on the Agreement or the reimbursement process, feel free to contact Susan Yinger, Administrative Support Manager, at 966-6653. On behalf of Commissioner Addie Greene, we look forward to placing this Agreement on the agenda for approval by the Board of County Commissioners. ~"~ Den ~eman, Director Parks and Recreation Department "An Equal Opportunity DLE/SWY Affirmative Action Employer" Copy to: Commissioner Addie L. Greene, District 7 @ printed on recycled paper Attachment - Two originals of RAP Agreement for Execution 1 RESOLUTION R05- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, AUTHORIZING AND DIRECTING THE 5 CITY MANAGER TO EXECUTE AN AGREEMENT 6 BETWEEN PALM BEACH COUNTY AND THE CITY OF 7 BOYNTON BEACH, PROVIDING FOR FUNDING TO 8 OFFSET COSTS OF HERIT AGEFEST 2005; AND 9 PROVIDING AN EFFECTIVE DATE. 10 11 WHEREAS, the City of Boynton Beach sponsored the annual Heritage 12 Festival during the month of February 2005, to provide a cultural celebration to 13 motivate, empower and infonn the public of the ties that bind the Boynton Beach 14 community together through education and enjoyment of the arts; and 15 WHEREAS, this event attracted approximately 20,000 participants; and 16 WHEREAS, the City has requested an amount of $9,000.00 to offset the 17 cost of HeritageFest 2005 for supplies, entertainment, ribbons and trophies, prizes, 18 disc jockey, catering, etc., and the County is desirous of providing funding in an 19 amount not to exceed $9,000.00 to assist the City in this event. 20 NOW, THEREFORE, BE IT RESOLVED BY THE CITY 21 COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 22 Section 1. The foregoing "WHEREAS" clauses are true and correct 23 and hereby ratified and confinned by the City Commission. 24 Section 2. The City Commission of the City of Boynton Beach does 25 hereby authorize and direct the Mayor to execute an Agreement between Palm 26 Beach County and the City of Boynton Beach, for funding to offset the costs of 27 HeritageFest 2005, which Agreement is attached hereto as Exhibit "A". 28 Section 2 That this Resolution shaH become effective immediately S:\CA\RESO\Agreements\lnterlocals\HeritageFest 2005 funding.doc 1 upon passage. 2 PASSED AND ADOPTED this _ day of May, 2005. 3 4 CITY OF BOYNTON BEACH, FLORIDA 5 , 6 i i 7 Mayor I Î 8 I 9 I Vice Mayor I 10 I 11 12 13 Commissioner 14 15 16 Commissioner 17 18 19 Commissioner 20 ATTEST: 21 22 23 City Clerk 24 25 26 (Corporate Seal) 27 28 29 S:\CA\RESO\Agreements\lnterlocals\HeritageFest 2005 funding.doc AGREEMENT BETWEEN PALM BEACH COUNTY AND THE CITY OF BOYNTON BEACH FOR FUNDING OF HERITAGEFEST 2005 THIS AGREEMENT is made and entered into on _, by and between Palm Beach County, a political subdivision of the State of Florida, hereinafter referred to as "County", and the City of Boynton Beach, a Florida Municipal Corporation, hereinafter referred to as "Boynton Beach". WIT N E SSE T H: WHEREAS, Boynton Beach sponsored the annual Heritage Festival (HeritageFest) during the month of February 2005, to provide a cultural celebration to motivate, empower and inform the public of the ties that bind the Boynton Beach community together through education and enjoyment of the arts; and WHEREAS, the theme of HeritageFest 2005 was "Pioneers, Trailblazers, and Visionaries" and Boynton Beach held events throughout the month of February relating to that theme including an Art and Science Competition, Art in the Park, Spelling Bee, Essay/Oratory Contest, Movies on the Avenue, Basketball Tournaments, Book Fair, Coronation Event, Youth Awards, HeritageFest Parade, concerts, Around the World in One Day event, and rides at Wilson Park; and WHEREAS, HeritageFest 2005 attracted approximately 20,000 participants; and WHEREAS, the cost of HeritageFest 2005 was approximately $56,894; and WHEREAS, Boynton Beach has requested an amount of $9,000 to offset the cost of HeritageFest 2005 for supplies, entertainers and entertainment, ribbons and trophies, officials, prizes, disc jockey, catering, scholarships, celebrity fees, air travel and ground transportation, lodging expenses and meals/gratuities, programs, port-o-Iets, bands, tent rentals, stage lighting and sound, temporary fencing rental, and other miscellaneous expenses associated with events and activities at HeritageFest 2005; and WHEREAS, County desires to provide funding to help offset costs for HeritageFest 2005; and WHEREAS, funding for said event in an amount not to exceed $9,000 is available from the Recreation Assistance Program - District 7; and WHEREAS, cultural arts, recreational, and community events are deemed to serve 1 a public purpose; and WHEREAS, both parties desire to enter into this Agreement. NOW THEREFORE, in consideration of the covenants and promises contained herein, the parties hereby agree to the following terms and conditions: 1. County agrees to fund an amount not to exceed $9,000 to Boynton Beach to help offset costs for HeritageFest 2005 for supplies, entertainers and entertainment, ribbons and trophies, officials, prizes, disc jockey, catering, scholarships, celebrity fees, air travel and ground transportation, lodging expenses and meals/gratuities, programs, port-o-Iets, bands, tent rentals, stage lighting and sound, temporary fencing rental, and other miscellaneous expenses associated with events and activities at HeritageFest 2005, as set forth in Exhibit "A", attached hereto and incorporated herein, hereinafter referred to as the "Project". 2. County will use its best efforts to provide said funds to Boynton Beach on a reimbursement basis within forty-five (45) days of receipt of the following information: a. A written statement that the Project, as specified herein, was carried out in accordance with this Agreement; and b. A Contract Payment Request Form and a Contractual Services Purchases Schedule Form, attached hereto and made a part hereof as Exhibit "B", which are required for each and every reimbursement requested by Boynton Beach. Said information shall list each invoice paid by Boynton Beach and shall include the vendor invoice number; invoice date; and the amount paid by Boynton Beach along with the number and date of the respective check or proof of payment for said payment. Boynton Beach shall attach a copy of each vendor invoice paid by Boynton Beach along with a copy of the respective check or proof of payment and shall make reference thereof to the applicable item listed on the Contractual Services Purchases Schedule. Further, Boynton Beach's Program Administrator and Project Financial Officer shall certify the total funds spent by Boynton Beach on the Project and shall also certify that each vendor invoice, as listed on the Contractual Services Purchases Schedule was paid by Boynton Beach and approved by Boynton Beach as indicated. 3. Boynton Beach incurred expenses for the Project beginning on October 1, 2004. 2 Those costs incurred by Boynton Beach for the Project, approved and submitted accordingly by Boynton Beach subsequent to October 1, 2004, are eligible for reimbursement by County pursuant to the terms and conditions hereof. 4. RAP funds may be used as a match for other local, state, or federal grant programs, but Boynton Beach may not submit reimbursement requests for the same expenses to the County as other fund sources to receive duplicate reimbursement for the same expenses. 5. Boynton Beach agrees, warrants, and represents that all of the employees and participants in the Project will be treated equally during employment, and for the provision of services without regard to residence, race, color, religion, disability, sex, age, national origin, ancestry, marital status, or sexual orientation. 6. Boynton Beach shall be responsible for all costs of operation and maintenance of the Project. 7. The term of this Agreement shall be until September 30,2005, commencing upon the date of execution by the parties hereto. 8. The parties agree that, in the event Boynton Beach is in default of its obligations under this Agreement, the County shall provide Boynton Beach thirty (30) days written notice to cure the default. In the event Boynton Beach fails to cure the default within the thirty (30) day cure period, the County shall have no further obligation to honor reimbursement requests submitted by Boynton Beach for the Project deemed to be in default and Boynton Beach shall return any County RAP funds already collected by Boynton Beach for the Project. 9. Notwithstanding any provision of this Agreement to the contrary, this Agreement may be terminated by the County, without cause, upon thirty (30) days prior written notice to the other party. This Agreement may be terminated by the County with cause, upon expiration of the thirty (30) day cure period provided for in Section 8 above. 10. Boynton Beach shall complete the Project and shall provide its final reimbursement request( s) and final accounting data to County for the completed project on or before three (3) months from the date of execution by the parties hereto. Upon written notification to County at least ninety (90) days prior to that date, Boynton Beach may 3 request an extension beyond this period for the purpose of completing the Project. County shall not unreasonably deny Boynton Beach's request for said extension. 11. In the event Boynton Beach ceases to exist, or ceases or suspends the Project for any reason, any remaining unpaid portion of the Agreement shall be retained by County, and County shall have no further obligation to honor reimbursement requests submitted by Boynton Beach. The determination that Boynton Beach has ceased or suspended the Project shall be made by County and Boynton Beach agrees to be bound by County's determination. 12. Boynton Beach agrees to abide by, and be governed by, all applicable federal, state, county, and municipal laws, including but not limited to, Palm Beach County's ordinances, as said laws and ordinances exist and are amended from time to time. In entering into this Agreement, Palm Beach County does not waive the requirements of any County or local ordinance or the requirements of obtaining any permits or licenses normally required to conduct business or activity conducted by Boynton Beach. Failure to comply may result in County's refusal to honor reimbursement requests for the Project. 13. County reserves the right to withhold reimbursement if the Project is not completed as specified in Exhibit "A". 14. It is understood and agreed that Boynton Beach is merely a recipient of County funding and is an independent contractor and is not an agent, servant or employee of County or its Board of County Commissioners. It is further acknowledged that the County only contributes funding under this Agreement and operates no control over the Project. In the event a claim or lawsuit is brought against County or any of its officers, agents or employees, Boynton Beach shall indemnify, save and hold harmless and defend the County, its officers, agents, and/or employees from and against any and all claims, liabilities, losses, judgments, and/or causes of action of any type arising out of or relating to any intentional or negligent act or omission of Boynton Beach, its agents, servants and/or employees in the performance of this Agreement. The foregoing indemnification shall survive termination of this Agreement. In consideration for reimbursement of costs incurred prior to the term of this Agreement, the foregoing indemnification shall apply not only during the term of this 4 '~-"~"-'_.~--~~.~-~~-~-~~""".~~~"".'~"" Agreement but also apply for the period prior to the Agreement for which Boynton Beach is eligible to receive reimbursement from the County. 15. Without waiving the right to sovereign immunity as provided by Section 768.28, Florida Statutes, Boynton Beach acknowledges to be self-insured for General Liability and Automobile Liability under Florida sovereign immunity statutes with coverage limits of $100,000 Per Person and $200,000 Per Occurrence; or such monetary waiver limits that may change and be set forth by the legislature. In the event Boynton Beach maintains third-party commercial General Liability and Business Auto Liability in lieu of exclusive reliance on self-insurance under Section 768.28, Florida Statutes, Boynton Beach shall agree to maintain said insurance policies at limits not less than $500,000 combined single limit for bodily injury or property damage. Boynton Beach agrees to maintain or to be self-insured for Worker's Compensation & Employer's Liability insurance in accordance with Florida Statute 440. Prior to execution of this Agreement by the County, Boynton Beach shall deliver to the County an affidavit or Certificate of Insurance evidencing insurance, self-insurance, and/or sovereign immunity status, which County agrees to recognize as acceptable for the above mentioned coverages. Certificate holder's address shall read Palm Beach County, c/o Parks and Recreation Department, 2700 Sixth Avenue South, Lake Worth, FL 33461, Attention: Administrative Support Manager. Compliance with the foregoing requirements shall not relieve Boynton Beach of its liability and obligations under this Interlocal Agreement. 16. Upon request by County, Boynton Beach shall demonstrate financial accountability through the submission of acceptable financial audits performed by an independent auditor. 17. Boynton Beach shall maintain books, records, documents and other evidence that sufficiently and properly reflect all costs of any nature expended in the performance of this Agreement for a period of not less than five (5) years. Upon advance notice to Boynton Beach, County shall have the right to inspect and audit said books, records, documents and other evidence during normal business hours. 5 18. The County and Boynton Beach may pursue any and all actions available under law to enforce this Agreement including, but not limited to, actions arising from the breach of any provision set forth herein. 19. This Agreement shall be governed by the Jaws of the State of Florida and any and all legal action necessary to enforce this Agreement shall be held in Palm Beach County. 20. As provided in Section 287.132-133, Florida Statutes, by entering into this Agreement or performing any work in furtherance hereof, Boynton Beach certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder, have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the thirty six (36) months immediately preceding the date hereof. This notice is required by Section 287.133 (3) (a), Florida Statutes. 21. This Agreement represents the entire agreement between the parties and supersedes all other negotiations, representations, or agreements, either written or oral, relating to this Agreement. The Agreement may be modified and amended only by written instrument executed by the parties hereto. 22. Any notice given pursuant to the terms of this Agreement shall be in writing and hand delivered or sent by U.S. mail. All notices shall be addressed to the following: As to the County: Director of Parks and Recreation Palm Beach County Parks and Recreation Department 2700 Sixth Avenue South Lake Worth, Florida 33461 As to Boynton Beach: City Manager City of Boynton Beach 100 North West 1st Avenue Boynton Beach, FL 33444 23. This Agreement is made solely and specifically among and for the benefit of the parties hereto, and no other person shall have any rights, interest, or claims hereunder or be entitled to any benefits under or on account of this Agreement as a third-party beneficiary or otherwise. 6 ..-.-.-,.....,,,," IN WITNESS WHEREOF, the undersigned parties have signed this Agreement on the date first above written. ATTEST: PALM BEACH COUNTY, FLORIDA, BY ITS SHARON R. BOCK, Clerk & BOARD OF COUNTY COMMISSIONERS Comptroller By: By Deputy Clerk Tony Masilotti, Chairman ATTEST: CITY OF BOYNTON BEACH By: By: City Clerk Mayor APPROVED AS TO FORM AND APPROVED AS TO FORM AND LEGAL SUFFICIENCY LEGAL SUFFICIENCY By: By: County Attorney City Attorney APPROVED AS TO TERMS AND CONDITIONS By: Dennis L. Eshleman, Director Parks and Recreation Department 7 . . Press Package HeritageFest 2005 tter¡ fageFest 2005 Press Release For Immediate Release Contact: Angela Girtman or Annette Gray E-mail: agirtman@aol.com çtrava@ci.bovnton-beach.fl.us Phone: 561-737 -6067 561-737 -3256 HeritageFest 2005 Announces Exciting Lineup for the Month of February The HeritageFest Committee works diligently to provide a cultural celebration that motivates, empowers and informs the public of the ties that bind the Boynton Beach community together through education and enjoyment of the arts. The theme of the 2005 celebration is "Pioneers, Trailblazers, and Visionaries." We sincerely believe that the richness of a community lies in its people and the ethnic flavor that blends together to make this city one that not only values every citizen, but celebrates the diversity that makes Boynton Beach unique. The HeritageFest Committee for the past two years has worked with very dedicated community volunteers and with truly talented and supportive city staff who together are responsible for the success of HeritageFest. Our celebration has continued to grow over the past 23 years. With the partnership of the Boynton Beach CRA, we look forward to another successful year and invite you to join with us as we celebrate the spirit of the pioneers, the courage of the trailblazers and the enthusiasm of the visionaries. We hope that the community as visionaries can recognize the importance of an activity that fosters academic excellence, promotes civic pride and encourages unity and come out to support a vehicle that exemplifies community- building and unity. If you would like more information about HeritageFest2005, please call Angela Girtman 561-737-6067 o~ Annette Gray at the CRA office 561-737-3256. ~ihJ'a~t A f } of 3 ,._.~",. ...~-~-"p~»~".,*' ,.. , Proposed Schedule of Events February 2005 , (This Year's theme: "Pioneers, Trailblazers & Visionaries) Week 1 - Feb. 4th - 6th -- All Activities free Art & Science Competition Boynton Beach Mall Feb 5th 1 :00 PM Art in the Park School House Children MuseumFeb 5th 10:00 AM Spelling Bee City Library Feb 5th 11 :00 AM Essay/Oratory Contest City Library Feb 5th 12:00 PM Week 2 - Feb. 11th _13th -- Basketball Tournament $5.00 Movies on the Avenue (Greased Lightening) Ocean Ave Feb 11th 7:00 PM Basket Ball Tournament Hester Center Feb 11th 6:00 PM Basket Ball Tournament Hester Center Feb 12th 9:00 AM Basket Ball Tournament Hester Center Feb 13th TBD Week 3 - Feb 19th (Dwight Stephenson, Tyrone "Muggsy" Bogues & Miss Black Florida USA) Tickets: $35.00, includes dinner (additional 15.00 donation for VIP Autograph session Feb 19th. 5:00 PM Book Fair VIP Autograph Session Poinciana Book Fair General Public Poinciana Feb 19th. 6:00 PM Coronation Poinciana Feb 19th, 7:30 PM Youth Awards Poinciana Feb 19th, 8:30 PM Week 4 - Feb. 26 th (Parade Entrants Fee: 25.00; Concert Tickets: $20.00) Parade Seacrest Feb 26th. 4:00 PM Concert "An international Affair" MLK Feb 26th. 6:00 PM · R&B 0 Klassique 0 Regina Bell 0 Howard Hewitt · Reggae 0 2 of A Kind 0 Glenn Washington · Trinidad and Tobago/Soca 0 Trinny · Latin 0 Gropo Prisma Around the world in one day Elementary Schools adopt a County and display its cultural elements Hildebrand Rides Wilson Center Park Feb 24th 25th 26th 27th fj h)'bi+ A r .JtJt3 ¡ Week One Art In the Park i '1 .=.~,,, Stage I Cí~ $ --- . - ~1:'"ï. .- --uu-u---l- ;iít¡i¡'¡;, ¡¡;. Ctowno end F':~;u- U - $; 42.: rotal I - .-- - --- - .-----. - ~ --- '---425.00 Week One Spelling Bee ¡;ssayforatory I ----, ..-.----- Contest L Iro.f?.h!~!I_.__.__ _.___.___.____ ____ __.._.___L See YQ\.Ith Awsrd~ --- .$------: ;;e':~ One, Sciencel & Invéntors Fair t-- ----.-----..--- $ -.-. - . Boynton Beach Mall I Bil:?~~~_.______ : §..~ ----..- -.--. $ 57.00 Tr~phies. .. ... __.___________-'___l See Y.øuih Aw~~s -----.-.-... .-- $ - Total i .' ------ . -l- 57.00 T .....- ,..-.- --- . --- Week TviõMãië-Adült eásketbaÏÎ' + - -- -...- .. ----. ..-- rournament ¡ Tro!,hies : _m. $ 216.45 9!!)~i!l~__ ' .-.-. _m $ 760_00 Cash Pñze __.____.___...._ __ .._..__.._____L first place -.--. - -----.- $ - PJ ¡ .-. . ..-- $ :)01).00 !.otal .. __._.__.___ ----.------¡ _ --- ___ __ __ ----. s"- _. J,~~ , I -Wcek -Three ¿'oronõt¡ø., YQuth AWllrd : --- .-- n___.. -.-- Banquet i Catering . . --~:I ."_'__ __ '-~:.__ $ 3,19!ÜS ;5t;holcll:>hiµ:s ___u.__ .' _____ i _. .. .$____ 3,ÕÖO_OO :r:r~p_hies L Tearra & Sachej _____. .__ $ ~~O-O.9 g:::~~1~- .. ____ ....__ l M~:s~~da_~Ia.c~--~s~ -'--- J-.... 6,~~g·:~·Z f,irline Ticket Seeaker _ ..u_-L~-- ~__---- 1.083.80 ~j~~/C?r.ound Trenspl>rtatlon 1_.. . -- ..-- $.. - I DêGOrations _." ._. '. .._ . _ , $ , .~oo.OO l:J.otE1I.__-,. i 2@200 niRht one OLQbI ___' $ 3~9~ºº i Music : Donated $ .....,. .. .__ : .I . .-. Pro_9LE!'!I:'.-- _--j- $.00 B,!d9~~.S.lJmmar:v.- _j 55Q.,09 Coro"atlonNouth~\!~~Ban9uet Total: ._.._' _ ___ $ __ __~.933.35 I Carnival ~on 0 Let~____ l.-.. _ $ 24?O~º-9 , Totals : $ 260.00 Wc~k~ourParade' . .. -. - --.-- ...... . . __I _.. m"" ...- -- ,.!¿Qht 8.<J?ourid .. _ H__-' , City s~tem ' .. Port..o-Lets ' ' $ .. Boynton Beach Hi(ifïsehOOISañd '~PBrfÖrrnançe $aturds'y& sunday '-$ .. --::. Steël Band ---" ~ ,.-'- . __ $- 6oO".bo Bcïiid ...-~~ . . .-- _..-L.~_. u_ ,- $-- Cash Pñze I - $.- - Total- ... _ -- - _.1'-.' - ~_ ._ $' 1100.00 Week Four An Intt!f!18tiOnat Affair I .-' .. . -..' - E!.9~na Belle _ --.. . L' _ .. ___~. ._~,500.00 Howard HeVtÏètt - LH .._ _._ __ $ --- 5,00.0.0.0. Reg_gee _::: _. ~l Trini 2 of a klnd_ G!~_n washington ---- $ --- ~.I~~ Latin ___- L-- .êgropo Prls~a ..._ ____ $ 475.00 15lo:)Giqu¢ .__ .L. .... .,.__ _. $ - .- 60.0.00 .~~t~I-· ..... ¡ ~roorns tã)1~g ~~ niQhts . __~ - 1.!1.~;QQ Airline Tickets ; 4@400 $ H__ 1 ,511 ~~~ Hose!tålj\yVIP Tent -, . ~~- ._ --'.. __ i S .__ 600.00 Slag~~!gtt.t & Sound __. . --L _ ..__ __u' $ - 2,0.0.0.00 Port-O-Lets ! 3 males 5 females 1 hal'ldlcap $ 70.0.00 Uomouslnêu:'_~- ......._L --.'- . . -, -- $ ~- ..!,~ Fencing . '_.__ $ .. ..1.,791J.OO EM'r--' _U --. ----¡-- - .- - Total UP-- --. .----:---.- $ ._m·· 30,8$7.90 ___. ..__ ._._ .._! m .-- ...-. - -.,~ . m__ ..../. -..- - ..--- ...----- r Grand Total -... -.- I -- . - .. -P $ 49~359:70 G1h,hd- A ? 3/}-fd VI.-CONSENT AGENDA CITY OF BOYNTON BEACH ITEM C.3. AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meetinl! Dates in to City Clerk's Office Meetinl! Dates in to City Clerk's Office o April 5,2005 March 14,2005 (Noon.) o June 7, 2005 May 16,2005 (Noon) o April 19,2005 April 4, 2005 (Noon) o June 21, 2005 June 6, 2005 (Noon) o May 3, 2005 April 18, 2005 (Noon) o July 5, 2005 June 20, 2005 (Noon) ., "_I - (-~) -~-,.~ . ~-~ ~ May 17,2005 May 2, 2005 (Noon) o July 19,2005 July 5, 2005 (Noon) . ~-"7' _.,:~ (::) :-;-1 ~- -., :-0.] ,.------,---; r---..ì 0 Administrative 0 Development Plans -' _~.;._1' - -~I NATURE OF ~ Consent Agenda 0 New Business ...~ AGENDA ITEM 0 Public Hearing 0 Legal , ~:: ~~ 0 Bids 0 Unfinished Business r'~·) :-:--) ;-'> , , ,'10 0 Announcement 0 Presentation ..,.b- 0 City Manager's Report RECOMMENDATION: Approve and execute via a resolution the agreement between Palm Beach County and the City to provide funding to offset the cost of purchasing uniforms for participants in the Recreation & Parks Department Cheerleading Program. The funding, in the amount of $2,500, is made available from County's Recreation Assistance Program (RAP) District 7. EXPLANATION: The Recreation & Parks Department organizes this competitive cheerleading program. The program helps to promote self-confidence, integrity and responsibility. Youth between the ages of6 -15 are eligible to participate. Participants will represent the City of Boynton Beach in various local, statewide and possibly nationwide competitions. County Commissioner Addie Greene has authorized the allocation RAP funding for this purpose. PROGRAM IMPACT: The program helps to promote self-confidence, integrity and responsibility. Youth are also thought skills that are necessary to participate in a competitive cheerleading squad that will represent the City of Boynton Beach. FISCAL IMP ACT: Expenses for the program are covered through the Recreation & Parks Department Program Revenue Fund, contributions from local sponsors and supporters. ALTERNATIVES: Do not execute the agreeme)t. ~ '/Ý7~ - Department Head's Signature City Manager's Signature Recreation &: Parks '~~t1~ Department Name City Attorney / Finance / Human Resources S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC 1. County agrees to fund an amount not to exceed $2,500 to Boynton Beach to help offset costs for cheerleader uniforms, as set forth in Exhibit "A", attached hereto and incorporated herein, hereinafter referred to as the "Project". . 2. County will use its best efforts to provide said funds to Boynton Beach on a reimbursement basis within forty-five (45) days of receipt of the following information: a. A written statement that the Project, as specified herein, was carried out in accordance with this Agreement; and b. A Contract Payment Request Form and a Contractual Services Purchases Schedule Form, attached hereto and made a part hereof as Exhibit "B", which are required for each and every reimbursement requested by Boynton Beach. Said information shall list each invoice paid by Boynton Beach and shall include the vendor invoice number; invoice date; and the amount paid by Boynton Beach along with the number and date of the respective check or proof of payment for said payment. Boynton Beach shall attach a copy of each vendor invoice paid by Boynton Beach along with a copy of the respective check or proof of payment and shall make reference thereof to the applicable item listed on the Contractual Services Purchases Schedule. Further, Boynton Beach's Program Administrator and Project Financial Officer shall certify the total funds spent by Boynton I Beach on the Project and shall also certify that each vendor invoice, as listed on the Contractual Services Purchases Schedule was paid by Boynton Beach and approved by Boynton Beach as indicated. 3. Boynton Beach incurred expenses for the Project beginning on October 1, 2004. Those costs incurred by Boynton Beach for the Project, approved and submitted accordingly by Boynton Beach subsequent to October 1, 2004, are eligible for reimbursement by County pursuant to the terms and conditions hereof. 4. RAP funds may be used as a match for other local, state, or federal grant programs, but Boynton Beach may not submit reimbursement requests for the same expenses to the County as other fund sources to receive duplicate reimbursement for the same expenses. 5. Boynton Beach agrees, warrants, and represents that all of the employees and participants in the Project will be treated equally during employment, and for the provision of services without regard to residence, race, color, religion, disability, sex. age, national . 2 origin, ancestry, marital status, or sexual orientation. 6. Boynton Beach shall be responsible for all costs of operation and maintenance of the Project. 7. The term of this Agreement shall be until September 30,2005, commencing upon the date of execution by the parties hereto. 8. The parties agree that, in the event Boynton Beach is in default of its obligations under this Agreement, the County shall provide B.?ynton Beach thirty (30) days written notice to cure the default. In the event Boynton Beach fails to cure the default within the thirty (30) day cure period, the County shall have no further obligation to honor reimbursement requests submitted by Boynton Beach for the Project deemed to be in default and Boynton Beach shall return any County RAP funds already collected by Boynton Beach for the Project. 9. Notwithstanding any provision of this Agreement to the contrary, this Agreement may be terminated by the County, without cause, upon thirty (30) days prior written notice to the other party. This Agreement may be terminated by the County with cause, upon expiration of the thirty (30) day cure period provided for in Section 8 above. 10. Boynton Beach shall complete the Project and shall provide its final reimbursement request(s) and final accounting data to County for the completed project on or before three (3) months from the date of execution by the parties hereto. Upon written notification to County at least ninety (90) days prior to that date, Boynton Beach may request an extension beyond this period for the purpose of completing the Project. County shall not unreasonably deny Boynton Beach's request for said extension. 11. In the event Boynton Beach ceases to exist, or ceases or suspends the Project for any reason, any remaining unpaid portion of the Agreement shall be retained by County, and County shall have no further obligation to honor reimbursement requests submitted by Boynton Beach. The determination that Boynton Beach has ceased or suspended the Project shall be made by County and Boynton Beach agrees to be bound by County's determination. 12. Boynton Beach agrees to abide by, and be governed by, all applicable federal, state, county, and municipal laws, including but not limited to, Palm Beach County's ordinances, as said laws and ordinances exist and are amended from time to time. In 3 entering into this Agreement, Palm Beach County does not waive the requirements of any County or local ordinance or the requirements of obtaining any permits or licenses normally required to conduct business or activity conducted by Boynton Beach. Failure to comply may result in County's refusal to honor reimbursement requests for the Project. 13. County reserves the right to withhold reimbursement if the Project is not completed as specified in Exhibit "A". 14. It is understood and agreed that Boynton Beach is merely a recipient of County funding and is an independent contractor and is not an agent, servant or employee of County or its Board of County Commissioners. It is further acknowledged that the County only contributes funding under this Agreement and operates no control over the Project. In the event a claim or lawsuit is brought against County or any of its officers, agents or employees, Boynton Beach shall indemnify, save and hold harmless and defend the County, its officers, agents, and/or employees from and against any and all claims, liabilities, losses, judgments, and/or causes of action of any type arising out of or relating to any intentional or negligent act or omission of Boynton Beach, its agents, servants and/or employees in the performance of this Agreement. The foregoing indemnification shall survive termination of this Agreement. In consideration for reimbursement of costs incurred prior to the term of this Agreement, the foregoing indemnification shall apply not only during the term of this Agreement but also apply for the period prior to the Agreement for which Boynton Beach is eligible to receive reimbursement from the County. 15. Without waiving the right to sovereign immunity as provided by Section 768.28, Florida Statutes, Boynton Beach acknowledges to be self-insured for General Liability and Automobile Liability under Florida sovereign immunity statutes with coverage limits of $100,000 Per Person and $200,000 Per Occurrence; or such monetary waiver limits that may change and be set forth by the legislature. In the event Boynton Beach maintains third-party commercial General Liability and Business Auto Liability in lieu of exclusive reliance on self-insurance under Section 768.28, Florida Statutes, Boynton Beach shall agree to maintain said insurance policies at limits not less than $500,000 combined single limit for bodily injury or property damage. 4 ,·""_~_____",·~",~,,,,,,~....·_",.,,,,,,..·.,,,û~<..,..u. Boynton Beach agrees to maintain or to be self-insured for Worker's Compensation & Employer's Liability insurance in accordance with Florida Statute 440. Prior to execution of this Agreement by the County, Boynton Beach shall deliver to the County an affidavit or Certificate of Insurance evidencing insurance, self-insurance, and/or sovereign immunity status, which County agrees to recognize as acceptable for the above mentioned coverages. Certificate holder's address shall read Palm Beach County, c/o Parks and Recreation Department, 2700 Sixth Avenue South, Lake Worth, FL 33461, Attention: Administrative Support Manager. Compliance with the foregoing requirements shall not relieve Boynton Beach of its liability and obligations under this Interlocal Agreement. 16. Upon request by County, Boynton Beach shall demonstrate financial accountability through the submission of acceptable financial audits performed by an independent auditor. 17. Boynton Beach shall maintain books, records, documents and other evidence that sufficiently and properly reflect all costs of any nature expended in the performance of this Agreement for a period of not less than five (5) years. Upon advance notice to Boynton Beach, County shall have the right to inspect and audit said books, records, documents and other evidence during normal business hours. 18. The County and Boynton Beach may pursue any and all actions available under law to enforce this Agreement including, but not limited to, actions arising from the breach of any provision set forth herein, 19. This Agreement shall be governed by the laws of the State of Florida and any and all legal action necessary to enforce this Agreement shall be held in Palm Beach County. 20. As provided in Section 287.132-133, Florida Statutes, by entering into this Agreement or performing any work in furtherance hereof, Boynton Beach certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder, have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the thirty six (36) months immediately preceding the date hereof. This notice is required by Section 287.133 (3) (a), Florida Statutes. 5 21. This Agreement represents the entire agreement between the parties and supersedes all other negotiations, representations, or agreements, either written or oral, relating to this Agreement. The Agreement may be modified and amended only by written instrument executed by the parties hereto. 22. Any notice given pursuant to the terms of this Agreement shall be in writing and hand delivered or sent by U.S. mail. All notices shall be addressed to the following: As to the County: Director of Parks and Recreation Palm Beach County Parks and Recreation Department 2700 Sixth Avenue South Lake Worth, Florida 33461 As to Boynton Beach: City Manager, City of Boynton Beach 100 North West 1st Avenue Boynton Beach, FL 33444 23. This Agreement is made solely and specifically among and for the benefit of the parties hereto, and no other person shall have any rights, interest, or claims hereunder or be entitled to any benefits under or on account of this Agreement as a third-party beneficiary or otherwise. IN WITNESS WHEREOF, the undersigned parties have signed this Agreement on the date first above written. ATTEST: PALM BEACH COUNTY, FLORIDA, BY ITS SHARON R. BOCK, Clerk & BOARD OF COUNTY COMMISSIONERS Comptroller By: By Deputy Clerk Tony Masilotti, Chairman ATTEST: CITY OF BOYNTON BEACH By: By: City Clerk Mayor APPROVED AS TO FORM AND APPROVED AS TO FORM AND LEGAL SUFFICIENCY LEGAL SUFFICIENCY By: By: County Attorney City Attorney APPROVED AS TO TERMS AND CONDITIONS By: Dennis L. Eshleman, Director Parks and Recreation Department 6 -~.,,,,,_._,< 03/31/05 02:50 FAX l4]02 The City of Boynton Beach Recreation &: Parks Department Ezel1 Hester Community Center 1901 N. Seacrest Blvd. Boynton Beach, Florida 33435 (561) 742-6553 FAX: (.561) 364-4079 Email: degraffenreidtm@ci.boynton- beach.fl.us ~.~ton-beach.org July 7. 2004 Board of County Commissioners Attn: Commissioner Addie Greene 301 N. Olive Avenue, 12th Floor West Palm Beach, Florida 33401 General Information Organization: City of Boynton Beach Recreation and Parks Department 1901 N. Seacrest Blvd. Boynton Beach, Florida 33435 Project Name: Boynton Beach All-Star Cheerleaders Contact: Mary DeGraffenreidt, Senior Recreation Manager Head Coach: Kayta Lundy, FAMU Graduate Cougar Liaison: Reginald Shade, Elementary Teacher Puroose for Reauest The City of Boynton Beach Cheerleaders was organized in January 2004. The purpose of the cheerleading organization is to promote self-confidence, integrity and responsibility, as well as to teach quality motivational skills and techniques. The skills taught would be used to build a competitive squad that will represent the City of Boynton Beach in various local and statewide competitions. Reauested Funds Squad Uniforms @ $125.00 each X 25 Girls $3,125.00 Total Budget Request -- $3,125.00 Goal Our goal is to be able to outfit (28) girls in quality, event appropriate uniformed attire that is required for competitive cheer, and to qualify our squad for the National Cheerleading competition held in Dallas Texas. If we are successful our cheer squad will have achieved a monumental goal never before accomplished by the City of Boynton Beach Recreation and Parks Department. All-Star Evaluation The program will be evaluated by the number of competitions the squad places first, second, of third place in, and the number of points earned throughout the year for National Levels. E~h',bit A America's Gateway to the Gulfstream VI.-CONSENT AGENDA ITEM C.4. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office D AprilS, 2005 March 14,2005 (Noon.) D June 7, 2005 May 16,2005 (Noon) D April 19, 2005 April 4, 2005 (Noon) D June 21, 2005 June 6, 2005 (Noon) D May 3, 2005 April 18, 2005 (Noon) D July 5, 2005 June 20, 2005 (Noon) [8] May 17,2005 May 2,2005 (Noon) D July 19,2005 July 5, 2005 (Noon) D Administrative D Development Plans NATURE OF [8] Consent Agenda D New Business ) -~-- AGENDA ITEM -- , D Public Hearing D Legal ' ~-, 'M'-' D Bids D Unfmished Business .. -'" <. '~..- . "'7'~ - ... -~.' < - " D Announcement D Presentation F ~ ~ D City Manager's Report , - '~_-;r ::~;} . -~ -~.-;.". ".:.:..J -Jz C) -""I RECOMMENDATION: Authorize by resolution, the Recreation and Park Department Director, Wally Majors, tq.·jipply~ and administer the Florida Fish & Wildlife Conservation Commission grant on behalf of the City of Boynton Bead¿,,:; ~/¡ ~ EXPLANA TION: A resolution authorizing the Recreation and Parks Director to apply for and administer grant funds is an application requirement. The grant will be used to construct day docks, a fishing pier and boardwalk at Jaycee Park. The Florida Fish & Wildlife Conservation Commission's Florida Boating Improvement Program offers funding for Atlantic Intracoastal Waterway boating projects. This funding would enable the Recreation and Parks Department to complete the water related facilities at this park in a timely manner. PROGRAM IMPACT: The City recently purchased Jaycee Park trom the Florida Inland Navigation District using grant funds trom Florida Communities Trust·and Palm Beach County. The grant contracts require the construction of waterway access facilities with day docks and fishing pier. The City has three years to develop the park. FISCAL IMPACT: The Florida Fish & Wildlife Conservation Commission's Florida Boating Improvement Program provides 50% of the project costs. The day docks, fishing pier and boardwalk are estimated at $400,000. The City is requesting $200,000 in grant funds. Matching funds for this project is in the Capital Improvement Projects, account number 302-4299-580-63-05. AL TERNA TIVES: The City could fund the entire project cost $400,000. ~--------------- ~~s Department Head's Signature City Manager's Ignature Department Name ~0f« ity Attorney / Fmance / Human Resources S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC 1 RESOI~UTION NO. ROS- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, AUTHORIZING WALL Y MAJORS, DIRECTOR 5 OF RECREA TION AND PARKS DEPARTMENT TO APPLY 6 AND ADMINISTER THE FLORIDA FISH & WILDLIFE 7 CONSERV A TION COMMISSION GRANT FOR THE 8 CONSTRUCTION OF DAY DOCKS, A FISHING PIER AND 9 BOARDW ALK AT JAYCEE PARK; AND PROVIDING AN 10 EFFECTIVE DATE. 11 12 WHEREAS, the City of Boynton Beach recently purchased the Jaycee Park property 13 from the Florida Inland Navigation District; and 14 \VHEREAS, in accordance with the purchase agreement, the City has three years to 15 develop the park property; and 16 WHEREAS, the Florida Fish & Wildlife Conservation Commission's Florida Boating 17 Improvement Program offers funding for Atlantic Intracostal Waterway boating projects; and 18 WHEREAS, the Florida Fish & Wildlife Conservation Commission's grant will 19 provide 50% ofthe project costs for the construction of day docks, a fishing pier and boardwalk 20 at Jaycee Park; and 21 WHEREAS, the City is requesting a $200,000.00 grant that requires a 50% cash match 22 from the City of Boynton Beach. 23 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 24 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 25 26 Section 1. The foregoing "Whereas" clauses are hereby ratified and confinned as 27 being true and correct and are hereby made a specific part ofthis Resolution upon adoption. 28 Section 2. The City Commission ofthe City of Boynton Beach hereby authorizes 29 Wally Majors, the Director of Recreation and Parks Department to execute an application to the S:\CA\RESO\Agreements\Grants\Fla Fish & Wildlife Grant (Jaycee Park).doc . ·_.._,._,_~~C_"~~,~.·.__ .-'-- _-..._"-.,,..,. 1 Florida Fish & Wildlife Conservation Commission for a grant in the amount of$200,000.00 for 2 the Boat Club Park restroom renovation and channel dredging. 3 Section 3. This Resolution shall become effective immediately upon passage. 4 PASSED AND ADOPTED this _ day of May, 2005. 5 6 7 CITY OF BOYNTON BEACH, FLORIDA 8 9 10 Mayor 11 12 13 Vice Mayor 14 15 16 Commissioner 17 18 19 Commissioner 20 21 22 Commissioner 23 ATTEST: 24 25 26 City Clerk 27 28 29 S:\CA\RESO\Agreements\Grants\Fla Fish & Wildlife Grant (Jaycee Park).doc VI.-CONSENT AGENDA ITEM C.S. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Fonn Must be Turned Requested City Commission Date Final Fonn Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office o AprilS, 2005 March 14,2005 (Noon.) o June 7, 2005 May 16,2005 (Noon) o April 19, 2005 April 4, 2005 (Noon) o June 21,2005 June 6, 2005 (Noon) o May 3, 2005 April 18,2005 (Noon) o July 5, 2005 June 20, 2005 (Noon) rg] May 17,2005 May 2, 2005 (Noon) o July 19, 2005 July 5, 2005 (Noon) ~- -·-1 -.... ~--=~-,: 0 Administrative 0 Development Plans i! J~~c rg] Consent Agenda 0 New Business ~ . NA TURE OF ) '"... ----;~ AGENDA ITEM 0 Public Hearing 0 Legal ..)~ ..,' 0 0 ~ .-;;;.~ Bids Unfinished Business . ---~ 0 Announcement 0 Presentation 0 ~~§¿ -r1OJ 0 City Manager's Report (rt -Pl ~:~> -L..) "'0 RECOMMENDATION: Authorize by resolution, the Recreation and Park Department Director, Wally Majors, to apply for and administer the Florida Fish & Wildlife Conservation Commission grant on behalf of the City of Boynton Beach. EXPLANATION: A resolution authorizing the Recreation and Parks Director to apply for and administer grant funds is an application requirement. The grant will be used to renovate the Boat Club Park restrooms and to dredge the channel to prevent navigational problems fur boaters. The Boat Club PaiKpublic"restrooms are old and in need of repair. While other park facilities (boat ramps, fishing/viewing pier, and Boat Club building) have been recently renovated, we lacked the funds to renovate the public restrooms. The Florida Fish & Wildlife Conservation Commission's Florida Boating Improvement Program offers funding for Atlantic Intracoastal Waterway boating projects. This funding would enable the Recreation and Parks Department to complete the fmal renovation project ¡t this park and provide safe navigation for boaters in a timely manner. PROGRAM IMPACT: Approximately 820 people per month, utilize Boat Club Park for boating activities. It is the City's responsibility to properly maintain the park amenities. If the amtnities are not properly maintained, park use will decline. FISCAL IMPACT: The Florida Fish & Wildlife Conservation Commission's Florida Boating Improvement Program provides 50% of the project costs. Boat Club restroom renovation will cost $75,000, and dredging is estimated at $50,000. The City is requesting $62,500 in grant funds. Matching funds for this project is in the Capital Improvement Projects, account number 302-4299-580-62-0 I. ALTERNATIVES: The City could fund the entire project cost $125,000. ~~ /~ -------- Þ15epartment Head's Signature City Manager's Signature Department Name Attorney / Finance / Human Resources S:\BULLETINIFORMS\AGENDA ITEM REQUEST FORM.DOC 1 RESOLUTION NO. ROS- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, AUTHORIZING \V ALLY MAJORS, DIRECTOR 5 OF RECREATION AND PARKS DEPARTMENT TO I I 6 APPLY AND ADMINISTER THE FLORIDA FISH & I 7 WILDLIFE CONSERVATION COMMISSION GRANT FOR I 8 THE RENOVATION OF THE BOAT CLUB PARK I 9 RESTROOMS AND DREDGING OF THE CHANNEL; AND 10 PROVIDING AN EFFECTIVE DATE. 11 12 WHEREAS, approximately 820 people per month utilize Boat Club Park for boating 13 activities; and 14 WHEREAS, the Boat Club Park restrooms are old and in need of repair while other 15 park facilities have been recently renovated; and 16 WHEREAS, the Florida Fish & Wildlife Conservation Commission's Florida Boating 17 Improvement program offers fimding for Atlantic Intracoastal Waterway boating projects; and 18 WHEREAS, the Florida Fish & Wildlife Conservation Commission's Florida Boating 19 Improvement program will provide 50% of the project cost; and 20 WHEREAS, the City is requesting a $62,500.00 grant that requires a 50% cash match 21 from the City of Boynton Beach. 22 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 23 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 24 Section 1. The foregoing "Whereas" clauses are hereby ratified and confinned as 25 being true and correct and are hereby made a specific part ofthis Resolution upon adoption. 26 Section 2. The City Commission ofthe City of Boynton Beach hereby authorizes 27 Wally Majors, the Director of Recreation and Parks Department to execute an application to 28 the Florida Fish & Wildlife Conservation Commission for a grant in the amount of S:\CA\RESO\Agreements\Grants\Fla Fish & Wildlife Grant (Boat Club Park).doc ,.. -, ."-~"-~,=,,,,,,",,,-,~-,,,,,,,,,.,,,,,;,,,,,.,,.,_._,,,,,,~,-,,,-,,-~""., ",.,"..,.",,,,,,,,,__~,,,,.,",·~,·-.··--,,jH'···" 1 $62,500.00 for the Boat Club Park restroom renovation and channel dredging. 2 Section 3. This Resolution shall become effective immediately upon passage. 3 PASSED AND ADOPTED this _ day of May, 2005. 4 5 6 CITY OF BOYNTON BEACH, FLORIDA 7 8 9 Mayor 10 11 12 Vice Mayor 13 14 15 Commissioner 16 17 18 Commissioner 19 20 21 Commissioner 22 ATTEST: 23 24 25 City Clerk 26 27 28 S:\CA\RESO\Agreemenls\Granls\Aa Rsh & Wildlife Grant (Boat Club Park).doc VI.-CONSENT AGENDA ITEM C.6 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Fonn Must be Turned Requested City Commission Date Final Fonn Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office D April 5, 2005 March 14,2005 (Noon.) D June 7, 2005 May 16,2005 (Noon) D April 19,2005 April 4, 2005 (Noon) D June 21, 2005 June 6, 2005 (Noon) D May 3, 2005 April 18,2005 (Noon) D July 5, 2005 June 20, 2005 (Noon) [8J May 17,2005 May 2, 2005 (Noon) D July 19,2005 July 5, 2005 (Noon) ,~-~¡ .-.. -', D Administrative D Development Plans --'--, ,. ; NATURE OF [8J Consent Agenda D New Business J ,,0-" r··' -\ -=) AGENDA ITEM D Public Hearing D Legal ....:) " ~ D Bids D Unfinished Business -~ D Announcement D Presentation ¡~? -~ ~,~ OJ .-~~rq D City Manager's Report C) (-~?\/ ~:¡ [i,S2 -'- RECOMMENDATION: Motion to approve the revision of a Conservation Easement north of the eastern terminus of Boynton Beach Boulevard (and extension thereof) and east of the existing stormwater encatchment area in accordance with the South Florida Water Management District (SFWMD) Pennit No. 50-04 I 66-P in order to preserve and/or mitigate existing wetlands. The revised easement encompasses an additional 0.10 acres in connection with the CRA Promenade project. EXPLANATION: The City of Boynton Beach Community Redevelopment Agency (CRA) is requesting the creation of a conservation tract as part of the requirements to the SFWMD pennit, of the conservation easement at defmed in Section 704.06, F.S. (2004), and that a Deed of Conservation Easement (Exhibit A) be executed in favor of the Grantee (SFWMD) for this action. A copy of the Deed document is attached. PROGRAM IMPACT: CRA desires for the development of the Boynton Beach Boulevard extension to the Intracoastal Waterway will be hampered without approval and acceptance of this easement. FISCAL IMPACT: N/A ALTERNATIVES: None ~V~'~E ~ City Manager's Signature Public W orks/Engineering Division Department City Attorney / Finance / Human Resources S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC 1 RESOLUTION NO. R05- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, CONVEYING A REVISED DEED OF 5 CONSERV ATION EASEMENT FROM THE CITY OF 6 BOYNTON BEACH TO THE SOUTH FLORIDA WATER 7 MANAGEMENT DISTRICT; AND PROVIDING FOR AN I I I 8 EFFECTIVE DATE. I 9 I I I 10 \VHEREAS, on AprilS, 2005, the City Commission of the City of Boynton Beach I 11 authorized the creation of a Conservation Easement north of the eastern tenninus of Boynton 12 Beach Boulevard (and extension thereof) and east of the existing stonn water encatchment area 13 in accordance with the South Florida Water Management District (SFWMD) Pennit No. 50- 14 04166-P; and 15 WHEREAS, this revised Deed of Conservation Easement encompasses an additional 16 0.10 acres in connection with the CRA Promenade project; and 17 WHEREAS, the City Commission upon recommendation of staff, deems it appropriate 18 to convey a revised Deed of Conservation Easement to the South Florida Water Management 19 District. 20 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 21 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 22 Section 1. Each Whereas clause set forth above is true and correct and incorporated 23 herein by this reference. 24 Section 2. The City Commission of the City of Boynton Beach, Florida does hereby 25 convey a revised Deed of Conservation Easement to the South Florida Water Management 26 District, a copy of which is attached hereto as Exhibit "A". 27 Section 3. That this revised Deed of Conservation Easement will be recorded in the S:\CA \RESO\Agreements\Utilities\Deed of Conservation Easement -BB to SFWMD rev..doc I ~-"'~-_...~.~~.._.~...........,.~~"- ,'- 1 Public Records of Palm Beach County, Florida. 2 Section 4. This Resolution shal1 become effective immediately upon passage. 3 PASSED AND ADOPTED this _ day of ,2005. 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 ATTEST: 23 24 25 City Clerk 26 27 (Corporate Seal) 28 29 30 31 32 33 S:\CA \RESO\Agreements\Utilities\Deed of Conservation Easement -BB to SFWMD rev..doc DEED OF CONSERVATION EASEMENT THIS DEED OF CONSERVATION EASEMENT is given this day of , 2005, by the City of Boynton Beach, 100 East Boynton Beach Blvd, Boynton Beach, FL 33435 ("Grantor") to the South Florida Water Management District ("Grantee"). As used herein, the term Grantor shall include any and all heirs, successors or assigns of the Grantor, and all subsequent owners of the "Property" (as hereinafter defined) and the term Grantee shall include any successor or assignee of Grantee. WITNESSETH WHEREAS, the Grantor is the owner of certain lands situated in Palm Beach County, Florida, and more specifically described in Exhibit A attached hereto and incorporated herein ("Property"); and WHEREAS, the Grantor desires to construct a cul-de-sac at the eastern terminus of Boynton Beach Blvd. and the "Promenade", a linear park from the proposed cul-de-sac at the eastern terminus of Boynton Beach Boulevard eastward to the Intracoastal Waterway ("Project") at a site in Palm Beach County, which is subject to the regulatory jurisdiction of South Florida Water Management District ("District") and the U.S. Army Corps of Engineers (Corps); and WHEREAS, District Permit No. 50-04166-P, District File No. 041020-5 (when permitted) and Corps File No. SAJ-2004-1205 (IP-JBH) authorizes certain activities which affect surface waters in or of the State of Florida; and WHEREAS, this Permit requires that the Grantor preserve and/or mitigate wetlands under the District's and the Corps' jurisdiction; and WHEREAS, the conservation easement shall not prohibit reasonable pedestrian access and egress to the Intracoastal Waterway pursuant to the goals of the City of Boynton Beach Community Redevelopment Agency (CRA); and WHEREAS, the Grantor has developed and proposed as part of the permit conditions a conservation tract and maintenance buffer involving preservation of certain wetland and/or upland systems on the Property; and WHEREAS, the Grantor, in consideration of the consent granted by the Permit, is agreeable to granting and securing to the Grantee a perpetual conservation easement as defined in Section 704.06, Florida Statutes (2004), over the Property. Standard Passive Recreation form - July, 2001 lofó ,~..,.,,,.,.._,,,~_,,,,,,,,,,,,,,,,~·.,~,"-·,,-,;.,,~,.'·".".'~'._~8'""''''¡__'_~¥"';'''''~''''' NOW, THEREFORE, in consideration of the issuance of the Permit to construct and operate the permitted activity, and as an inducement to Grantee in issuing the Permit, together with other good and valuable consideration, the adequacy and receipt of which is hereby acknowledged, Grantor hereby grants, creates, and establishes a perpetual conservation easement for and in favor of the Grantee upon the Property which shall run with the land and be binding upon the Grantor, and shall remain in full force and effect forever. The scope, nature, and character of this conservation easement shall be as follows: 1. It is the purpose of this conservation easement to retain land or water areas in their natural, vegetative, hydrologic, scenic, open, agricultural or wooded condition and to retain such areas as suitable habitat for fish, plants or wildlife. Those wetland and/or upland areas included in the conservation easement which are to be enhanced or created pursuant to the Permit shall be retained and maintained in the enhanced or created conditions required by the Permit. To carry out this purpose, the following rights are conveyed to Grantee by this easement: a. After providing reasonable notice to Grantor, to enter upon the Property at reasonable times with any necessary equipment or vehicles to enforce the rights herein granted in a manner that will not unreasonably interfere with the use and quiet enjoyment of the Property by Grantor at the time of such entry; and b. To enjoin any activity on or use of the Property that is inconsistent with this conservation easement and to enforce the restoration of such areas or features of the Property that may be damaged by any inconsistent activity or use. 2. Except for restoration, creation, enhancement, maintenance and monitoring activities, or surface water management improvements, which are permitted or required by the Permit, the following activities are prohibited in or on the Property: a. Construction or placing of buildings, roads, signs, billboards or other advertising, utilities, or other structures on or above the ground, except for that which is required for reasonable pedestrian access and egress to the Intracoastal Waterway pursuant to the goals of the C~ b. Dumping or placing of soil or other substance or material as landfill, or dumping or placing of trash, waste, or unsightly or offensive materials; Standard Passive Recreation fonn - July, 2001 20fó c. Removal or destruction of trees, shrubs, or other vegetation, except for the removal of exotic or nuisance vegetation in accordance with a District approved maintenance plan; or as required for the maintenance of the utility infrastructure; d. Excavation, dredging, or removal of loam, peat, gravel, soil, rock, or other material substance in such manner as to affect the surface; except as required for the maintenance of the utility infrastructure; e. Surface use except for purposes that permit the land or water area to remain in its natural condition; f. Activities detrimental to drainage, flood control, water conservation, erosion control, soil conservation, or fish and wildlife habitat preservation including, but not limited to, ditching, diking and fencing; except as required for the maintenance of the utility infrastructure; g. Acts or uses detrimental to such aforementioned retention of land or water areas; h. Acts or uses which are detrimental to the preservation of any features or aspects of the Property having historical or archaeological significance. 3. Passive Recreational Facilities. Grantor reserves all rights as owner of the Property, including the right to engage in uses of the Property that are not prohibited herein and that are not inconsistent with any District rule, criteria, the Permit and the intent and purposes of this Conservation Easement. Passive recreational uses that are not contrary to the purpose of this conservation easement may be permitted upon written approval by the District. a. The Grantor may conduct limited land clearing for the purpose of constructing such pervious facilities as docks, boardwalks, or mulched walking trails. b. The construction and use of the approved passive recreational facilities shall be subject to the following conditions: I. Grantor shall minimize and avoid, to the fullest extent possible, impact to any wetland or upland buffer areas within the Conservation Easement Area and shall avoid materially diverting the direction of the natural surface water flow in such area; ii. Such facilities and improvements shall be constructed and maintained utilizing Best Management Practices; Standard Passive Recreation form - July, 2001 :) off) iii. This conservation easement shall not constitute permit authorization for the construction and operation of the passive recreational facilities. Any such work shall be subject to all applicable federal, state, District, or local permitting requirements. 4. No right of access by the general public to any portion of the Property is intended to be conveyed by this conservation easement. 5. Grantee shall not be responsible for any costs or liabilities related to the operation, upkeep or maintenance of the Property. 6. Grantor shall pay any and all real property taxes and assessments, if any, levied by competent authority on the Property. However, nothing herein shall prohibit Grantor from taking any legal action to assert its status as a tax exempt entity. 7. Any costs incurred in enforcing, judicially or otherwise, the terms, provisions and restrictions of this conservation easement shall be borne by and recoverable against the non prevailing party in such proceedings. 8. Enforcement of the terms, provisions and restrictions of this conservation easement shall be at the reasonable discretion of Grantee, and any forbearance on behalf of Grantee to exercise its rights hereunder in the event of any breach hereof by Grantor, shall not be deemed or construed to be a waiver of Grantee's rights hereunder. 9. Grantee will hold this conservation easement exclusively for conservation purposes. Grantee shall not assign its rights and obligations under this conservation easement except to another organization qualified to hold such interests under the applicable state laws. 10. If any provision of this conservation easement or the application thereof to any person or circumstances is found to be invalid, the remainder of the provisions of this conservation easement shall not be affected thereby, as long as the purpose of the conservation easement is preserved. 11. This easement shall be recorded in the public records of Palm Beach County and shall be deemed to be a covenant running with the land. 12. All notices, consents, approvals or other communications hereunder shall be in writing and shall be deemed properly given if sent by United States certified mail, return receipt requested, addressed to the appropriate party or successor-in-interest. All such communications to the Grantor shall be sent to the attention of the General Counsel at the address provided herein. Standard Passive Recreation form - July, 200 I 4 of () 13. This conservation easement may be amended, altered, released or revoked only by written agreement between the parties hereto or its successor, and assigns, which shall be filed in the public records in Palm Beach County. TO HAVE AND TO HOLD unto Grantee forever. The covenants, terms, conditions, restrictions, and purpose imposed with this conservation easement shall be binding upon Grantor, and shall continue as a servitude running in perpetuity with the Property. Grantor hereby covenants with said Grantee that Grantor is lawfully seized of said Property in fee simple; that the Property is free and clear of all encumbrances that are inconsistent with the terms of his conservation easement and all mortgages have been joined or subordinated; that Grantor has good right and lawful authority to convey this conservation easement; and that it hereby fully warrants and defends the title to the conservation easement hereby conveyed against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, has hereunto set its authorized hand this day of ,20_ Signed, sealed, and delivered , in our presence as witnesses: A Florida corporation By: Print Name: Print Name: Title: Print Name: Standard Passive Recreation form- July, 2001 ') ofó -.,'--, ,,""_._,,,,,,",-;¡.<,~,,,.,,,,,,,-,,,",,~......,,,-~-,,,~._" STATE OF FLORIDA ) ss: COUNTY OF On this day of ,20_ before me, the undersigned notary public, personally appeared , personally known to me to be the person who subscribed to the foregoing instrument and did not take an oath, as the (position) , of (corporation) , a Florida corporation, and acknowledged that he executed the same on behalf of said corporation and that he was duly authorized to do so. IN WITNESS WHEREOF, I hereunto set my hand and official seal. NOTARY PUBLIC, STATE OF FLORIDA Print Name: My Commission Expires: South Florida Water Management District Legal Form Approved: Date: July, 2001 Standard Passive Recreation form - Ju]y, 200] óofó l- I/) ~ - 0 ~ - 0 Q) Q) - I/) _ - 0 I/) I/) "0 _~ I Z "0 oW I/)Q) ..cu3;:~- +- +- "0 c: I W ~ ~ "OQ)~q+-c:~ OLD _ c: ~ 0:E;' I ~, o Q)1'-C:;>:::Jr00Q)0Q)01/) Q)E 0 Q)~ I "III:::(J),~ U o'<j- 0 0 UlO+-:Eo.Dr.- ~ U OJO I ¿ N - 2:; Q) E- +-~ - +- ::J Q) -O'+- I W <:G'" e-o 0:: lO Q) OJ 1: '+- Q) -+-: 0 c: ~ - ..;:: 0:: Q) (f) r<) I 0: r0 Q) c: Q) 0 ;> Q) 0 .- 0 ~ - +- I 0) ('" .~ +-- 0 '+- 0 OJ 0 Q) 0 0 ~ 0 ~ >- 3 ~ · I U· .- N <.9 .D Q) 0 E c: I/) U'+- 0 D..(J) Q) .- +- 0 ~ -,. _ CL :::J Q) r0 0 0.2 c: 0) "0 ~ ~ ~ c c: (/) I . ro ""- WI'-- 0... '+- (f) 0 Q) +-"0 0 ~ Z -- 0 Q) :::J .x -0 (f) <.Q ...... N ~ .r- .~ I oulO O'+- . 0 ~ . - -2f- Q) ro Q) ~ :::J c: ~ .-: Q) I/) 0 E ð3:E . U >-E 0 \ I --! (\ '.0 Z ~ ~ 0 2 ..c qu~ÕOOQ)r0U Q) - . 0.0~ "0 10000r<)LJj OSf-::::J +- ,,.., c: c:;> c: 0 - +- I/) 0 ..c c: 0' . '- 0 >- 0 ......Q)ÕE OJ5'+-Q)+-OJQ) I/) g-~>- U '+-0 .' .",'- -120U '+-0 ~..c 0C:U0..cQ)C:Q) Q) E0Q) 0 o+- ·,27< t-LLOCD ...... +- I/) '+- -- +- c: 0 '+- - > Q) U) 0 ~ ...... 0 e-o I - '+- -:::J0õðo~'-=-I'- ~ vi5 CD Vi_~. o::c:U <c f-i:sU I'- 0 Q:; '-ð I/) ..c '+- c: Q:; _ ~ '<j- 0 ~ +- (j) Q) 0 ......-V" >-I 0 0 2 2: <3: 1'0 Q) O:!:: Q) _ 0 0 Q).Q +-. Q) 0 ~ E .D ü ,...... :i-= (f) > 8 0 >- 2i5 Q) ~ '+- ~ E 5 Q) +- '+-"0 c: ro ~ Q) 0 Q) ··c ~ --- 0 U) a: f- CD f- OJ c: ~ 0 = +- ;> Q) _!!! 0 0 Q) '<j- 0 ~ E:E 0... ..c J:: < ..;:: <! 0 0: ::::J Ü ::E o O'<j- O~~-OO~U E OQ) +-u.... '1/) 0 WO(/) -1 0... Vi cri OJ~ ~ i3 ~ 0 N 0 0?i _ ~:g >- II 0 Q) 0 -Ô"lò'Ö 1'0 (f) £L f!J 'f1. _ ._ .£ Q):::J 0 _ _ I/) > W ..0 +- I- -I Q) r0 <3: >- ~ "09 >+- U:Q ~~ -"':~m ~ 5 Q) . >- +- W0::2' Z w .x 0 _~:g'+-gi3~~~0~0 U I/)vi-g o:;~ U§~.. «OO~ 0 3: o -w _Q) 0 _ '<j- 3+-- Z 0 "0"0 E U I Q) E I:QO:: W o ro ~ Q) +- '+- '+- '<j- 1'0..c Q) 1'0 >-I Q) Q) . '+- t ._ u ~....... () 0 CD ~ r0 ;>:Q.£ 0 0 '<j-' +- Q) 1'0 Z (J) I/) Q) c: IT! 0 0 .~ :...... 0 > IT! +- "01'05 g 0 U+-o ro O:::J'+-~ Z..,.: ~o Q) .0... I U2 2LL<-I o C:;..- U 0. ~ .£ ro 0 0 ,- >-I '" U Q) Q) . >-. - +- "0 0... 0 '<j- OJ 0 0 0 I'- 0 I/) 0 I'- <.9 = ~ ..0 3;: Q) .x ..c c: Q) o :Q c: Q) 0. 0 Q) . 2 W Q:; 0 I/) ~ ~ 0 .21 0 J:: c: I'- I'- 0 0 0 J:: '+- 0 ..c (J) CD Q) 0 0 I'-:::J 0 0:: +- :; ~ ~ I/) 0 +- +- 0 0 2 +- lO ~ LL '+- :g ~ ..c '<j- I/) CD II ~ ~ Q) I/) (f) '+- OJ +- OJ 0 Q) Q) 0 '+- c: 0 Q) 0 Q) I/) ~,.., >- +- ~ Q) "0 +-Q)0c:Q)Q)C:+-OJu+-oQ) ~ 1...c"O O......~o:> +-Q) ~ 0 .- 0 c: c: ..c '- 0 U- +- ~ 0 - > (/) E o -I g U Q) '+- 0 Q:; 0 Q) Q) I/) +-'-:::J 0 +- 0 0"0 0... "- -- en ~ :Q ~ t5 ~ ~ >-~ 0:E ð ~ -t' ~ g '+- ~ ~ 0 § II ~_ ç c: Z ~ O+-Q)Q) .~ ..;::-+-:goQ)O ro 0+-0:: 2.8.1/) ð3.Qui 9 I/) I/) . - £ U I'- Q) (J) c: Q) 0 ~ '+- 0... ~ - Q) U '+- CD .2 0. (ï Q) en o '+- ~ c: ~ Vi lf1 ~ ~ U 0 ~ Q) ~ :0 = 0 0 0..: "0 0 'C +- ...... o u' OJ 0 _ Q) ~ ,..,..,..c 0 I/) -- .D 0 ~ U :::J > ...: ..... c: +-:>"> 0 0 Q) OJVoJ +- I/):::J OJ Q) . - 0:: 0. +- W o Q) ,- I/) >;> - 0 > c:. I'- (/) (L c: +- I/) I/) 0 Q) c: ~ g '-ð ~ ..c 3:"0 . ~ -:;: I'- 0 ~ 0 -c ~ I/) II -0 OQ) ëñ a:: ~ =~ 01:~ c:~:::J ol'-+- OJ I/) 0.Q) o:¡::: ~ Q) Q) ..c - >- ~ LD 0 I'- 0 lO U..c _ +- c: '0:E Q) 1/).- 0:: ,Q"O 0 £ 1: ~ -.:: 0::" I c: ~ +- - +- Q)- 3: Q) -c ~ .!!! .D c: ~ ., ~ c:"O .- Q) '" . Q):> c: . Q) .- '+- 0 0 OJ U O'C +- 0E..cl/)LDQ)(J)Q)?Q);>- '+- 0 0+-0 uCDc: I/) 0 o c: = +- Q) 0 U '+- - OJ ~ 1'0 +- c: >-I OJ 'c Q) ..c - 0. Q) :::J I/) (J) c: 1'0 lO c: i3 '<j- ~ c: . M. ..c c: +-"0 c: "0 U LL :Q 0 ~,..,.., Q) 0 0 ~ 0 _ 0 0 .~. . U .- 0 Q).- +- Q) :E 0 I/) :::J VoJ ..c 0 0 - +-"0 ~ . U ~"O ~ ;> c: I/) OJ c: Q)......' ..c I/) 0 2 +- ro . ~ I .- '<j- lO 0 Q) 0 0 c: Q) 0 .x ' - +- g'OJ~ U Q»(f)~~ Oc: g~~.g Q)~ ~ ~ ~ ~CD ~(f)~ o 0 c: c: ~ U > Q) 0) VoJ -- ..c ,- 0 .- '+- Q) . LD +- 00Q):::JC:~ U'+-roC:ÕroaS 0 +-eO ~"O-IO ..cÊ~ OO~.. OJ o..c 0 ~ (J) c: 0 (f) 0 2 C:... "0 0.2 +-"0 II +- Q) +- I'- r0 0 "- 2 IJ.. c: W-, +- '+- +- LD Q) I/) U = LL- c: ~ 0 c:.£ .£: '<j- I' 0 '-ð _ W·' OJ._- .£: :::J CI),+- ~ Q)+- - 0 c: . 0-1 0 . 0 +-+- ~ ~ 2 ~ m ~ Vi.~ Q:; I'- +- '-ð goo g ~ ç Q) æ ç >-'+- "0 IT! 0... '+- ~ g II "- 8 ~ LD Q)"o Q) 0 -+-.- 0 ~ Q) Q) Q) 3 c: 5.D ð3 Q) 0 ~ -I II 0 +- :¡::: LD 1'0.. U r.-:-3~'+-toæ~+-5££ 6 +-I/)o.~ 0._ C:rU I'- Or o 1'01'-Q)Q)~<:t,+-o-+-:+-OJ.,:Q U goe:::J~~£· OLLQ) . CD - 0 '<j-..c ~ (J) (f) 0 OJ Q) ~ c: Q:; 0 OJ.£: 0. (f) = ~ OJCD :¡:::...... (f) 0" Z" 2 (J) 0 +- 0. . c: Q) ~ 0 Q) I/).£: ïñ Q) +- c: O· o.f- 0 Z W .. :> I- o ro ro 0 Q) 0 I/) q .:;: '+- :::J - '+- OJ U ç+-..c I/) õ Q). 'C 0:: +- ....J W :> W >-I (f)O+-.£:~t5~~l'-uo c: ~ Q)~~+-Q) -10... uW+- CD«I-«W ~ Q) (f) Q) 0:>- Q) lO 1'0 '+- >.~ 0 CD £ ~:o >- 3 íñ U ., ~ U § 0 (,) « a:: :J: > uQ);>+->.D,+-aS'-:o-,::.o +-o:::J.DQ)::;::~o O:::J "Jenooen ........ c:ggQ)I'-+-O~~+-Q)~ - E :::J~I/)"O..cc:«>- 0::1/) o I/) Q) Q) c: ~ O.~ Q) :::J ~ £ £ LD 3: 15 0 0. Q) Q) +- Q) Q) ~ W 5 CD 3 £..c 0 O· 0 U U ->'0:::J - ~ (L £ +-..c t5 c: E II ~ 0 I 0. . Å ::> 0 +- U 0 0. c: "0::> 0. 0 W I'- .- U +- 0. 0 :::J -I :::J I- 0 >: (f) _0 .:. - ., ~ 0 0 .- ~ I/) ~ '<j-'¿ 3 Q) +- Q) ~ ..;:: (f) .£: 0:: as Z W ,- I/) Q) . 0 "0 +- 0 lO 0 lO U -~ U ~ ..... I/) . - U 10 (f) '+- ~ ~ ~! 0 ·o.!!! I/) 0 ~ 0 to 0 :Q -§ Q) 0. ~ _£ Q)"O Q:; ::> -g -:. w - I/) +- O:::J 0 I/) "0 '+- - 0 o' 0 Q) 0 I/) '+- I/) 0 OJ c: .x LL U en ~'" rOo ~ U '+- en 0 0 0 ~ +- r0 0 CD ;> ã 0.D E «c: .3 (f) >-I W ~~ W"O -I g' 0 0 Q) +- ,u 0 ::: ;:'~ ~ c: +- E >- 3"0 e _ "0. ~ w 112 3:Q)"Oo Q)uQ)~ ~O) 'Q)~O 0 0+-0 Q),+--O Q)C::¡::: ... 0 -I w,Q .- E '+- U c: c: ~ 0 ro LD +- 0 2 +- c: E c: E ~ c: ..c 0 0 < <!J- W! : < o t3 g Q) 0 Oc: ~ = r0 ~ (f) W' ~ 2 Q) ~ Q) .8 g:::J ~ ~ .Q Ou :¡::: ..;:: _0 ¡::;; iIS<.J +- -.... __ () ~..c. '- (f) - 10- (.f) -;$ - ~ '+- ~ ~ +- 0 ro +- Q) ~ 3 Q) c: 0 0 +- U Q) 1/)'5. Q) I/) +- ~.!!! I 0 Q. CO»(' ~"O 0 ~ :::J,g¡ -+-: '-ð ~ OJ ~ 0 _ U Q) CD ..c u:.c .£: 0 E u Q) 13 ~.~ II ,^ Q.<CD < <~ '" 0 +- ..... Q) 0 0 c: ~ <:t >- C:.£: '+- 0 '+- '-ð E Y v,,~ 1L;:!j "0 Ô ð3 E ~ 0 ~ ~ LD 0 1!. -.:: ~ +- 0 ~..;:: 3 ~ ~ 8 II e Q)"O Q i en ::E~ ..t~ §:Q E '+- 5 _ -LD 0 LD 0 ~_ r0 ~ +- r-:: >- ~ (/) 'D 0 0 I/) <J 0... :E E < 1 < c::ðiS !It ~ .. ,..,.., 0 8 0 U i'- ----; +-- Õ z-. Q:; ~ 1: -+-.- ~ 5 (f) 1£ -{g {5 go.. II +- 0 --......1 c:d ,..> ~ ~ /d Z VoJ LL I/) '+- ~ I'- I/) ~ Q) 0 0 Q) +- I/) ~ 3 "0 0 ~"O.,. ""< ! N ~ ~ +- +- O. Q) CI) Q) '+- 0 c: CI) 0 Q) .- ~ 0 c: Q) c: .£: Q)·c . ~I Z Ct I/) . - ..c '+- .£: ~ c: . +- "0.." - CO) 9 - >. Q) E ro -> 3 OJ +- 0 2 Q) -I.£: +- 0 u.Q Q) 0 Q) (f).. c: 0 1 ::E >-~ t- t- I'-+- 3=1:;;->£ c: 60 ulO"O +- '+- c: ~(ï.£: Q) ~LJ Z r:::JLL 1\)1 Ow <:~ CL ~ § £ >- ë5 I'- f.0 6 0 I/) cO ~ ~ r--;·o -~ 0.9 §'c ~ ð3 -I 0..: 0 ~"O r.6 --+ g; >~ : ! 8 ..... ~ ,q ~ ð3 o.lO ~ I/) ~ Q)::: c: J:: r0 I/) Q) I/) .~ ~ o..c c: . - .....t- f- ~ I "I > ~CD O.J 2 0:: 0 '--' 0 +- 0 '+- - +- U Q) +- ~ '+- +- c: 0. ~ Q).£: c: 0 Q) 0:: 0 I'- .Jo 0 1iIr.<\ U '.£: c: I/) 0 I'- Q) c: c: -.£:. - 0 Ç! 0 0 0"0 I/) ">.- OJ « W 0. 01 < (/)10 ID t-& --' 0 0 ~..c Q) Q)3;:+-w,+- -+=:¡::: ;>-+- 0 ~ I en '+- g ~ Q) +- Q) 0 +- U .£: ~ . , ~ 0 Q) ï:ñ U Q) ~"O I/) 0 .!2 0... U U ~ <.9 1 ... 0 Q) -+- Q) +- OJO 0 +- 0 Q:; ro c: :::J :¡::"O c: OJ..c ;> ..... '- o.~ 1 ~ YoI CD ..c Q) c: I'- +- 0 . - 1'0 1'0 Q) = I/) .."0.- ~ 0 c: I/) Q) II lL. ~ ...... f8 c c: Õ +- Q) 0 2 Q) "0 1n _ 2 - U +- "0 en 0 I- 0 -'C O.D ..... CD I/) ~ I' 0E '+- (0) (J)C:I/) c: LLJ ~ uQ)o+- . t- WOQ) Cz t 0 z.8~ ~ ~ ð §~LD~I'0.8 ~ --º t- ß-~ ~~Æ8;§:~ 0:: o::W'+-(ï â) Þ4 ~ o 0... ~ - ~ +- c: U +- +- ~ VoJ ~ .!!! "0 0::""" -~ 0 +- :3 « 0. '--' ~ LÓ c: Q) c: Q) :::J u' <:ri lO"O Q) '0 0 . .... W I Q)..c 0 :6 ~ -' «õ ~ Q)LD ~£ 8~ ~~~(f) o£ (f) Z.-:~ I'0'¢LDlO U >-I.DU 0 ~ 6' t- . Z 5 W IIi ~Q)a... « ...:: C\J . a W f'- ...... · ~ ~~~~o I-- -",.u L :- '" ':: '" ð' ;:'j ¡¡' .. IX).. N .... ,.: . '" . 0-0 .. W"'-z> r<;-:; tlc/ t¡ "Dd '¿ , tlc/ Y3d M/y ,OO£) :;¡ iø i Í'ì.. z ~ ~ g ~ ...( 17M¿¡3..L 17M 717..LS170J17¿¡..LNIl íï .J!¡.!\ R ~ Q 3 ¡¡ g 8 '" Z I-- I- ~ i=' .. G - - - - ì - - - - - - -L~o9r- "';,s'm c( ð ~ ~L3 ' · ~ ~ '~OOS > _ 0 .... '" I Ol 3.¿Þ,9£.O£S M..LO.OO. a: ¡; ~ tJ ::1 0210l 62 1 \ -. OS'LZ W :;:> '" ~ ' -·-·\'V·fIJ 1.IS M.OS.Z!;.68N ~ ... b ---J.--. · ,,-.\'<t. O' .... nvravw 0 ,. -.-'-' I . 'LZI -;." R..s3;~2" I ~M..6',lO..9"S 0 J'J ' .96 'V 90S 55'28 00' 3.!;I.L · /:F L..GI, ~.. 'I ~º> 3: (j)(j) q, ~ - 'it t:; ~ 93 ,. ò ~ _/0 ò ; '" 0 .~ 0 v "! to 0 W ~ "J i3 .tIt',,; ;,. ¡;; en as ;:S,.J en >- z "':r C\I'It" II '¡IP - <: C(j z - ¡¡!;¡ &i'o....l en- W;I: 8 N Ww I-- IX) S<.5 en f- æ ~ '3 J!.¡ Z q t;'j >w o w.... .... Q'" -' :0 ;¡ CD ~ « '" ~ .. N '. <\JO LL 0 I- /U>_ ¡....:. o 0 01-- ,.:;e W .. '" ~).: Z ---.! U>o-.,; , ... - <... () - :::J I~ C\I ,...,... IX) ~ en _ '" q .... IX) !!1 :5 , en U> z - - ,OOOG9 - - - MH9G,~ÇoSBS ~~ , ,0 I.. 0,,\ ' ,K/, , C cv"co ~ ,/ I ·0 , ~' N I-- ..", _' !i' éS': , ~ N \" N CO.."> ~ ": ..,~", (.) f- en f- R - '" Ji' fS. \" :::/ I: ~ Z 10 0:- 0 0: R R 2.,; 8 en -: !!!. -' ~::;....I <3....1 ::' 'ò N 0 ;I¡ · .... '" / 0 W N Cl')1i! !R '3 .!;G'Z!; g ö ~"SllIi~ en ~ 3.90.£(MON ~ 51 '/!1,1 gß=~~ z. 0e ¡"a "J ~ Ñ, 0 ::EMi!i ¡M 0: ¡E :- ~ I <~>ItN: !1' :5 ;:t ¡:: ., "., " : a ~ z IX) , Zoao..~ ai 8 ::; IX) J ~o >f¡!ë ~ c( .. ..... Z w''''1 C!;<O LZ101 . g;¡::~.,_~ Q.z~ 3NIl1S3M .- I ::ãlil21!!i!! M lv,90o~ON 'I - · ~ï-. ' 92 lOl rn ~ I ~v ~ ~ '9" HlæN · J page 1 Project: 7512-3 Fri March 25 16:43:04 2\ Parcel Inverse --------------------------------------------------------------------------- Parcel name: CONSERVATION EASEMENT North: 5626.2423 East : 4317.2854 Gine Course: S 89-37-19 E Length: 616.08 North: 5622.1773 East : 4933.3490 ~ine Course: S 08-47-15 E Length: 127.96 North: 5495.7192 East : 4952.8972 ~ine Course: S 17-41-33 E Length: 109.41 North: 5391.4842 East : 4986.1478 ~ine Course: S 30-36-47 E Length: 56.21 North: 5343.1121 East : 5014.7700 ~urve Length: 14.10 Radius: 12.00 Delta: 67-18-17 Tangent: 7.99 Chord: 13.30 Course: S 03-02-21 W Course In: S 59-23-13 W Course Out: S 53-18-30 E RP North: 5337.0012 East : 5004.4425 End North: 5329.8311 East : 5014.0649 line Course: N 70-27-23 W Length: 7.15 North: 5332.2239 East : 5007.3242 line Course: S 00-00-07 W Length: 10.92 North: 5321.3083 East : 5007.3238 ,ine Course:N 89-52-50 W Length: 27.50 North: 5321.3656 East : 4979.8232 'urve Length: 61.00 Radius: 63.00 Delta: -55-28-32 Tangent: 33.13 Chord: 58.64 Course: N 71-36-17 W Course In: S 46-07-59 W Course Out: N 09-20-33 W RP North: 5277.7075 East : 4934.4032 End North: 5339.8719 East : 4924.1761 ine Course: S 80-39-27 W Length: 1. 59 North: 5339.6138 East : 4922.6072 urve Length: 31.61 Radius: 23.00 Delta: -78-44-42 Tangent: 18.87 Chord: 29.18 Course: S 41-17-06 W Course In: S 09-20-33 E Course Out: N 88-05-15 W RP North: 5316.9188 East : - 4926.3409 End North: 5317.6865 East : 4903.3537 ine Course: N 89-59-30 W Length: 118.00 North: 5317.7036 East : 4785.3587 ine Course: S 89-46-06 W Length: 121.37 North: 5317.2129 East : 4663.9897 ine "<--- S 89-51-26 W Length: 62.00 course: North: 5317.0584 East : 4601.9899 ine Course: N 00-08-34 W Length: 2.00 North: 5319.0584 East : 4601.9849 Lne Course: N 90-00-00 W Length: 29.83 North: 5319.0584 East : 4572.1597 Lne Course: N 00-03-40 E Length: 5.11 North: 5324.1635 East : 4572.1651 lrve Length: 231.76 Radius: 69.00 page 2 T iect: 7512-3 Fri March 25 16:43:04 2005 Parcel Inverse Delta: -192-27-05 Tangent: 632.52 Chord: 137.19 Course: N 67-53-10 W Course In: N 61-39-38 W Course Out: N 74-06-43 W RP North: 5356.9174 East : 4511.4347 End North: 5375.8069 East : 4445.0707 Line Course: N 01-03-06 E Length: 52.25 North: 5428.0442 East : 4446.0296 Line Course: N 88-41-43 W Length: 77.82 North: 5429.8162 East : 4368.2320 [,ine Course: N 77-33-29 W Length: 48.47 North: 5440.2593 East : 4320.8988 :"ine Course: N 01-06-47 W Length: 186.02 North: 5626.2423 East : 4317.2854 Perimeter: 1998.13 Area: 170,118 sq. ft. 3.91 acres ~-:-: - VI.-CONSENT AGENDA ITEM C.7 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Fonn Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office D AprilS, 2005 March 14,2005 (Noon,) D June 7. 2005 May 16, 2005 (Noon) D April 19. 2005 April 4, 2005 (Noon) D June 21, 2005 June 6, 2005 (Noon) D May 3, 2005 April 18, 2005 (Noon) D July 5, 2005 June 20, 2005 (Noon) [g May 17, 2005 May 2,2005 (Noon) D July 19, 2005 July 5, 2005 (Noon) '- ") --:-""" D Administrative D Development Plans \ :-.:-;-( .~ ,.----', ~....... ....-.- NA TURE OF [g Consent Agenda D New Business c:,) --r, , .>..! - r:;:J AGENDA ITEM D Public Hearing D Legal f") ----, c::) \...:-) D Bids D Un[mished Business .;1··... , .-"'\ -:~ )~-':'1 D Announcement D Presentation -- ~.::: C"J ... ~ D City Manager's Report \' . ~-~rn "::-J C-)y ......- in 52 ..:- RECOMMENDATION: Approval of Resolution R05-XXX that will ratifY the interlocal agreement between the City of Boynton Beach, the County of Palm Beach, and the Metropolitan Planning Organization (MPO). EX PLANA TION: The Palm Beach County League of Cities has requested that member Cities consider ratification of the attached interlocal agreement. This will require any governmental entity that is party to the agreement to notifY other parities of any intent to either reduce the number of highway travel lanes below the number of lanes identified in the Highway Component Map of the MPO or if any party plans to reduce the ultimate right-of-way as shown on the Thoroughfare Right-of -Way map. The only City street identified as a thoroughfare right-of-way is Gateway Boulevard from Congress Avenue to Federal Highway. The attached interlocal agreement does not have a signature sheet at this time. The League of Cities will be collecting the resolutions from participating cities and then one master interlocal agreement will be submitted by the League for approval by the Board of County Commissioners. This master interlocal agreement will contain appropriate signature pages. If this process changes or differs, City staff will take the necessary actions to ensure proper ratification by the City based upon approval ofthe attached resolution by the City Commission. PROGRAM IMPACT: City Staff is supportive of the proposed interlocal agreement. The agreement is a tool to require any governmental entity to notifY other parties to the agreement of any plans to reduce rights of way or to reduce roadway capacity by eliminating travel lanes. The agreement does not eliminate an agency's ability to consider these actions. Instead, the agreement allows governments to identifY certain mitigation measures that will be considered in order to implement the proposed action. FISCAL IMP ACT: None AL TERN A TIVES: Choose not to be party to the interlocal agreement. In this scenario, the City would neither be bound by the tenns of the agreement nor would the City be served notice of actions by other agencies that would serve to reduce roadway capacity or reduce rights of way. S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM,DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM } (), dL~ ea ' Sig ture CIty Manager's Signature ¥;~~ Public Works and Engineering .éity Attorney / Finance / Human Resources S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORMDOC .._ "',' ._m_·.._·...._~,~_..,~,__,_~~~~____'""~'"""~_""-'..._·,.w....·"'-_,. 1 2 RESOLUTION NO. R05- 3 4 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 5 FLORIDA, AUTHORIZING AND DIRECTING THE 6 CITY MANAGER TO EXECUTE AN INTERLOCAL 7 AGREEMENT BETWEEN THE CITY OF BOYNTON 8 BEACH, THE COUNTY OF PALM BEACH AND THE 9 METROPOLITAN PLANNING ORGANIZATION 10 REQUIRING THE NOTIFICATION TO OTHER 11 PARTIES TO THE AGREEMENT OF ANY PLANS TO 12 REDUCE RIGHTS OF WAY OR REDUCE ROADWAY 13 CAPACITY BY THE ELIMINATION OF TRAVEL 14 LANES; ESTABLISHING AN EFFECTIVE DATE. 15 16 17 WHEREAS, The Palm Beach League of Cities has requested that member Cities 18 consider ratification of the lnterlocal Agreement that will require any governmental entity that 19 is a party to the agreement to notify other parties of any intent to either reduce the number of . 20 highway travel lanes below the number of lanes identified in the Highway Component Map of 21 the MPO or plans to reduce the ultimate right of way as shown on the Thoroughfare Right-of- 22 Way map; and 23 WHEREAS, City staff is supportive of the proposed Interlocal Agreement. 24 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 25 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 26 Section 1. The foregoing "WHEREAS" clauses are true and correct and hereby 27 ratified and confinned by the City Commission. 28 Section 2. The City Commission of the City of Boynton Beach does 29 hereby authorize and direct the City Manager to execute an Interlocal Agreement 30 between the City of Boynton Beach, County of Palm Beach and the Metropolitan 31 Planning Organization requìring the notification of any plans to reduce rights of S:\CA\RESO\Agreementsllnterlocals\MPO notice to reduce highways.doc 1 way or reduce roadway capacity by eliminating travel lanes, which Agreement is 2 attached hereto as Exhibit "A". 3 Section 3. This Resolution shan become effective immediately upon adoption. 4 PSSSED AND ADOPTED this _ day of May, 2005. 5 6 CITY OF BOYNTON BEACH, FLORIDA 7 8 9 Mayor 10 11 12 Vice Mayor 13 14 15 Commissioner 16 17 18 Commissioner 19 20 21 Commissioner 22 ATTEST: 23 24 25 26 City Clerk 27 S:\CA\RESO\Agreements\lnlerlocals\MPO notice to reduce highways. doc INTERLOCAI~ AGREEMENT This Interlocal Agreement is made the day of ,20o__, between Palm Beach County, a political subdivision of the State of Florida (hereinafter "COUNTY"), the MetropoJitan Planning Organization ("MPO"), and those municipalities located in Palm Beach County that have executed this Agreement (hereinafter referred to singly as "MUNICIPALITY" or coUectively as "MUNICIPALITIES"), each one constituting a public agency as defined in Part I of Chapter 163, Florida Statutes. WITNESSETH \VHEREAS, Section 163.01, Florida Statutes, known as the "Florida Interlocal Cooperation Act of 1969" authorizes local governments to make the most efficient use of their powers by enabJing them to cooperate with other localities on a basis of mutual advantage and thereby to provide services and facilities that will hannonize geographic, economic, population and other factors influencing the needs and development of local communities; and WHEREAS, the Charter of Palm Beach County authorizes the COUNTY to establish levels of service on coUector and arterial roads that are not the responsibility of any municipality and to restrict countywide the issuance of development orders that would allow traffic to exceed these levels of service; and WHEREAS, the COUNTY has adopted in its Comprehensive Plan a Thoroughfare Right-of-Way Identification Map which includes public rights of way operated and maintained by the State, COUNTY and MUNI CIP ALITIES (hereinafter "Ultimate Right -of- Way Roads"); and 1 WHEREAS, the Metropolitan Planning Organization (MPO) has adopted a Highway Component Map which includes roads operated and maintained by the State, COUNTY and MUNICIPALITIES (hereinafter "MPO Plan"); and WHEREAS, the COUNTY and MUNICIPALITIES desire in this Agreement to establish uniform, minimum review procedures and criteria to be applied before taking action that results in reduction of actual or planned traffic capacity on any MPO Plan Road or that results in any reduction of the ultimate right-of-way widths for any Ultimate Right-of-Way Road. NOW THEREFORE, in consideration ofthe mutual representations, terms, and covenants hereinafter set forth, the parties hereby agree as follows: Section 1. Purpose The purpose of this Agreement is to establish uniform, minimum review procedures and criteria to be applied before taking action that results in reduction of actual or planned traffic capacity on any MPO Plan Road or that results in any reduction of the ultimate right-of-way widths for any Ultimate Right-of-Way Road and to require adequate notice to the affected local governments of such proposed actions. Section 2. Definitions The following definitions shall apply to this Agreement: "Agreement" means this Interlocal Agreement, including any amendments or supplements hereto, executed and delivered in accordance with the terms hereof. "Ultimate Right-of-Way Roads" are all streets as defined in the Thoroughfare R-O- W Identification Map, Map TE 14.1 of the Plan as it may be amended. "MPO Plan" means roads identified in the Metropolitan Planning Organization Transportation System for Palm Beach County - Highway Component Map, in effect at the time 2 the COUNTY or any MUNICIPALITY provides notice of its intent to reduce actual or planned traffic capacity as set forth in this Agreement. Section 3. Applicabilitv A. This Agreement shaH apply within the unincorporated areas of Palm Beach County and within the jurisdictional boundaries of each MUNICIPALITY that has executed this Agreement. B. The Notice, Analysis, and Review requirements set forth in this Agreement shaH apply when the COUNTY or a MUNICIPALITY seeks to limit the planned or existing traffic capacity of one or more MPO Plan Roads by eliminating existing or planned lanes below the number ofJanes included in the Highway Component Map of the MPO Plan, or by reducing the width of the ultimate right-of-way for any Ultimate Right-of-Way Roads below the width shown on the Thoroughfare Right-of-Way Identification Map (together or individua11y hereinafter referred to as "Road Reduction Action"). Section 4. Notice Required The COUNTY or any MUNICIPALITY initiating any Road Reduction Action (hereinafter "Initiating Local Government") must provide at least 120 days' prior notice to a11 other parties to this Agreement before considering any Road Reduction Action as described in Section 3.B. above. This notice shall identify road or roads, the precise action being considered by the governing body, and all scheduled public hearings at which this action wiH be considered. Section 5. Analvsis and Review Along with the notice required in Section 4, the Initiating Local Government must submit the following infonnation to the Metropolitan Planning Organization (MPO) for review: 3 A. Change to MPO Plan Road 1. The Initiating Local Government shall request that the MPO analyze any proposed elimination of any existing or planned lanes on an MPO Plan Road. The local government shall submit whatever infonnation is required by the MPO in order to run the long-range transportation model with the change to the MPO Plan Roads that the local government desires to make. 2. The MPO agrees to run the model and provide COUNTY and MUNICIPALITIES with a report detailing whether the proposed change will result in any additional road failures according to the MPO Plan or whether the proposed change will further negatively impact any road on the MPO Plan that is already projected to fail. This report shall be transmitted to all the parties within 60 days of submittal ofthe request for analysis. 3. If any negative impact is identified by the MPO, the requesting local government shall identify mitigation measures that will address the negative impacts identified by the MPO. The local government shall provide all other parties with a copy ofthe MPO's report and the proposed mitigation measures at least thirty (30) days prior to the consideration of the elimination of any existing or planned lanes on an MPO Plan Road. B. Change to Reduce Right-of-Way on Ultimate Right-of-Way Roads 1. The Initiating Local Government for any proposed reduction to the adopted right-of-way for an Ultimate Right-of-Way road shall prepare a detailed traffic analysis of the subject road and all surrounding roads that would be affected by the 4 change that takes into account al1 existing and committed development and al1 applicable Future Land Use designations and that addresses the fol1owing criteria: a. Whether improvements are proposed to the Ultimate Right-of-Way Road under consideration. b. Whether improvements are proposed to reliever facilities and the extent that such a reliever would impact traffic on the Ultimate Right- of- Way Road under consideration. c. The physical characteristics ofthe property adjacent to the Ultimate Right -of- W ay Road under consideration. d. The character of the area businesses or neighborhood adjacent to the Ultimate Right-of-Way Road under consideration, and the extent of impact on such, including impact on pedestrian accessibility and safety. e. The projected cost of adding additional capacity to the Ultimate Right- of- W ay Road or reliever facilities and the amount of capacity that would be added. f. The existing and projected volume-to-capacity ofthe Ultimate Right- of- Way Road and the surrounding Major Thoroughfares before and after the proposed modification. g. Availability and cost of mitigation strategies to offset decrease in roadway capacity. h. Historical significance and the extent of impact on such. 1. Aesthetics and the extent of impact on such. 5 J. Impact on health and safety services such as law enforcement and fire rescue response times. k. Impact on existing and planned hurricane evacuation routes. 2. If the reduction in right-of-way width also results in a reduction of lanes for an MPO Plan Road, the analysis required by Paragraph A above must also be perfonned. 3. The Metropolitan Planning Organization shall evaluate the analysis and receive and consider comments provided by the COUNTY and affected MUNICIPALITIES as appropriate, and provide recommendations to the Initiating Local Government and any requesting local government at least sixty days prior to the consideration of any reduction in right-of-way on any Ultimate Right-of-Way Roads. Section 6. Effective Date This Agreement shall take effect upon execution by the COUNTY, MPO, and participating MUNICIPALITIES, and the filing of the executed Agreement as required by Section 11. In addition, the Agreement shall become effective and remain in effect only for so long as the COUNTY, MPO, and MUNICIPALITIES with construction and maintenance responsibilities for at least thirty six of the fifty five roads listed in Exhibit A hereto remain a party to this Agreement. Section 7. Termination The COUNTY or any MUNICIPALITY can withdraw as a party to this Agreement upon 60 days' written notice to the other parties and the MPO. 6 Section 8. Enforcement Costs Any costs or expenses (inc1uding reasonable attorney's fees) associated with the enforcement of the terms and/or conditions of this Agreement shall be borne by the respective parties, provided, however, that this c1ause pertains only to the parties to this Agreement. Section 9. Notice All notices required to be given under this Agreement shall be deemed sufficient to each party when delivered by United States Mail to the following: COUNTY Dan Weisberg, P.E., Director, Traffic Division/Palm Beach County Engineering Department 160 Australian A venue West Palm Beach, Florida, 33406 METROPOLITAN PLANNING ORGANIZATION Randy M. Whitfield, P.E., MPO Director 160 Australian A venue West Palm Beach, Florida, 33406 CITY Kurt Bressner, City Manager/City of Boynton Beach 100 E. Boynton Beach Boulevard Boynton Beach, Florida, 33425 [list additional cities as needed] Section 10. Dele!!ation ofDutv Nothing contained herein shall be deemed to authorize the delegation ofthe constitutional or statutory duties of state, county, or city officers. 7 Section 11. Filin2 A copy of this Agreement shan be filed with the Clerk of the Circuit Court in and for Palm Beach County. Section 12. Liability The parties to this Agreement and their respective officers and employees shan not be deemed to assume any liability for the acts, omissions, and negligence ofthe other party. Further, nothing herein shan be construed as a waiver of sovereign immunity by either party, pursuant to Section 768.28, Florida Statutes. Section 13. Amendments This Agreement may be amended by written approval of each of the parties hereto. Section 14. Remedies This Agreement shan be construed by and governed by the laws ofthe State of Florida. Any and all legal action necessary to enforce the Agreement will be held in Palm Beach County. No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. No single or partial exercise by any party of any right, power, or remedy hereunder shall preclude any other or further exercise thereof. Section 15. Time ofthe Essence The parties expressly agree that time is of the essence in this Agreement and the failure by a party to complete performance within the time specified, or within a reasonable time if no time is specified herein, shall, at the option of the other party without liability, in addition to any other rights or remedies, relieve the other party of any obligation to accept such performance. 8 Section 16. Captions The captions and section designations herein set forth are for convenience only and shan have no substantive meaning. Section 17. Severability In the event that any section, paragraph, sentence, clause, or provision hereof be held by a court of competent jurisdiction to be invalid, such shall not affect the remaining portions of this Agreement and the same shan remain in full force and effect. Section 18. Counterparts This Agreement may be executed in counterparts, each of which shan be deemed an original, but an of which together shan constitute one instrument. Section 19. Entirety of Á2reement This Agreement represents the entire understanding between the parties, and supersedes an other negotiations, representations, or agreement, either written or oral, relating to this Agreement. [the remainder of this page left intentionany blank] 9 VI.-CONSENT AGENDA ITEM C.8 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 o April 5, 2005 March 14,2005 (Noon.) ~ June 7, 2005 May] 6,2005 (Noon) o April 19,2005 April 4, 2005 (Noon) 0 June 21,2005 June 6, 2005 (Noon) o May 3, 2005 April 18,2005 (Noon) 0 July 5, 2005 June 20, 2005 (Noon) ~ May 17,2005 May 2, 2005 (Noon) 0 July 19,2005 July 5, 2005 (Noon) o Administrative 0 Development Plans NATURE OF ~ Consent Agenda 0 New Business ~) AGENDA ITEM 0 Public Hearing 0 Legal -:) =-.:; O Bids 0 Unfinished Business ._.4....< ~., .1.-,' O 0 ~ Announcement Presentation rn O £'0-· City Manager's Report \J:; '~::~ --,"" ..--""..- " "~ . C) RECOMMENDA TION: _ :::;~ z Motion to approve the agreement between the Department of the Treasury, Department of Justice and ,',,; ~1;:g The City of Boynton Beach for" Federal Equitable Sharing Agreement ". 01 g~ ::¡: EXPLANA TION: From time to time the City of Boynton Beach Police Department will work with Federal Agencies in investigations regarding criminal activity. As a benefit the City may share in proceeds trom the illegal activities. This is the standard Federal Equitable Sharing Form. PROGRAM IMP ACT: This revenue sharing agreement can help the Police Department receive unexpected funds from time to time. FISCAL IMP ACT: With these funds the Police Department may purchase non-budgeted items in accordance with the Federal guidelines. Any shared asset shall be used for law enforcement purpose in accordance with the statutes and guidelines that govern equitable sharing, and as specified in the equitable sharing agreement. ALTE~::I~~ _ ~ , Department Head's Signature City Manager's Signature Pobœ ~~~ Department Name City' ttorney / Finance / Human Resources S:\BULLETfN\FORMS\AGENDA ITEM REQUEST FORM.DOC 1 RESOLUTION R05- 2 3 A RESOLUTION OF THE CITY COMMISSION OF 4 THE CITY OF BOYNTON BEACH, FLORIDA, 5 AUTHORIZING THE MAYOR TO EXECUTE A 6 FEDERAL EQUITABLE SHARING AGREEMENT 7 BET\VEEN THE CITY OF BOYNTON BEACH, I 8 DEPARTMENT OF TREASURY AND DEPARTMENT 9 OF JUSTICE; AND PROVIDING AN EFFECTIVE 10 DATE. 11 12 WHEREAS, the CITY works together with Federal Agencies in investigating 13 criminal activity. As a benefit, the CITY may share in proceeds from the illegal activities; 14 and 15 WHEREAS, this revenue sharing agreement will assist the City's Police 16 Department in purchasing non-budgeted items in accordance with the Federal guidelines. 17 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION 18 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 19 Section 1. The foregoing "WHEREAS" clauses are true and correct and hereby 20 ratified and confirmed by the City Commission. 21 Section 2. The City Commission of the City of Boynton Beach, Florida does 22 hereby authorize and direct the Mayor to execute a Federal Equitable Sharing Agreement 23 between the City of Boynton Beach, Department of Treasury and Department of Justice, a 24 copy of which Agreement is attached hereto as Exhibit "A". 25 Section 3. This Resolution will become effective immediately upon passage. 26 ..~"",~-~.,-,,,.>-- ,_.""".,..-...., 1 2 PASSED AND ADOPTED this _ day of May, 2005. 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 ATTEST: 22 23 24 25 City Clerk 26 27 28 29 30 s:ca\ResolFederal Equitable Sharing Agreement 31 - . Federal Equitable Sharing Agreement VALID THRU SEPTEMBER 30, 2008 . . Law Enforcement Agency: City of Boynton Beach Police Department o Check if New Par lcipant QD Police Department o Sheriff's Office/Department o Task Force (attaCh lIS! ofrn<mbm) o Prosecutor's Office o Other __ Contact Person: Michael L. Munro E-mail Address: Mailing Address: 100 E. Boynton Beach Blvd. Boynton Beach Fl. 33435 (Street) (Cìty) (State) (Zip Code) Telephone Number: ( 561 ) 742-6102 Fax Number: (561 ) 742-6185 Agency Fiscal Year Ends on: Sept. 30 NCIC/ORlfTracking No.: FL0500300 (MonthlDay) This Federal Equitable Sharing Agreement entered into among (I) the Federal Government, (2) the above-stated law enforcement agency, and (3) the governing body sets forth the requirements for participation in the federal equitable sharing program and the restrictions upon the use of federally forfeited cash, property, proceeds, and any interest earned thereon, which are equitably shared with participating law enforcement agencies. By their signatures, the parties agree that they will be bound by the statutes and guidelines that regulate shared assets and the following requirements for participation in the federal equitable sharing program. 1. Submission. The Federal Equitable Sharing Agreement and the Federal Annual Certification Report must be submitted to both the Deparnnent of Justice and the Department of the Treasury with a copy provided to the U.S. Attorney in the district in which the recipient law enforcement agency is located, in accordance with the instructions received from the respective deparnnents or as outlined in their equitable sharing guidelines. I Asset Forfeiture and Money Laundering Section Executive Office for Asset Forfeiture U.S. Department of Justice U.S. Department of the Treasury 10th and Constitution A venue, Nw 740 15th Street, NW Bond Building, lO'h Floor Suite 700 Washington, DC 20530 Washington, DC 20220 Fax: (202) 616-1344 Fax: (202) 622-9610 E-mail address: afmJs.aca(a)usdoi.gov E-mail address: treas.aca(a)teoaf.treas.gov 2. Signatories. This agreement must be signed by the head of the law enforcement agency and the head of the governing body. Examples oflaw enforcement agency heads include police chief, sheriff, director, commissioner, superintendent, administrator, chairperson, secretary, city attorney, county attorney, district attorney, prosecuting attorney, state attorney, conunonwealth attorney, and attorney general. Examples of governing body heads include city manager, mayor, city council chairperson, county executive, county council chairperson, director, secretary, administrator, commissioner, and governor. Receipt of the signed agreement is a prerequisite to receiving any equitably shared cash, property, or proceeds. 3. Uses. Any shared asset shall be used for law enforcement purposes in accordance with the statutes and guidelines that govern equitable sharing and as specitìed in the equitable sharing request (either a DAG-71 or a TDF 92-22.46) submitted by the requesting agency. 4. Transfers. Before the undersigned law enforcement agency transfers cash, property, or proceeds to other state or local law enforcement agencies, it must verify first that the receiving agency has a current and valid Federal Equitable Sharing Agreement on file with both the Department of Justice and the Depamnent of the Treasury. If there is no agreement on file, the undersigned law enforcement agency must obtain one from the receiving agency and forward it to the Department of Justice and the Department of the Treasury as in item 1. A list of recipients and the amount transferred must be attached to the Federal Annual Certification Report. April 2005 ~""",-~,.-..""~-~,,,,,,,,,,·,·_~."·....,~~-.~I.' , 5. Internal Controls. Tbe parties agree to account separately for federal equitable sharing funds received from the Department of Justice and the Department of the Treasury. Funds rrom state and local forfeitures and other sources must not be commingled with federal equitable sharing funds. The recipient agency shaH establish a separate revenue account or accounting code for state, local, Department of Justice, and Department of the Treasury forfeiture funds. Interest income generated must be accounted for in the appropriate federal forfeiture fund account. The parties agree that such accounting will be subject to the standard accounting requirements and practices employed for other public monies as supplemented by requirements set forth in the current edition of the Department ofJustice' s A Guide to Equitable Sharing of Federally Forfeited Property for State and Local Law Enforcement Agencies (Justice Guide), and the Department of the Treasury's Guide to Equitable Sharing for Foreign Countries and Federal, State, and Local Law Enforcement Agencies (Treasury Guide). The accounting of shared funds must be reported on the Annual Certification Report. The misuse or misapplication of shared resources or the supplantation of existing resources with shared assets is prohibited. Failure to comply with any provision of this agreement shaH subject the recipient agency to the sanctions stipulated in the current edition of the Justice or Treasury Guides, depending on the source of the funds or property. 6. Federal Annual Certification Report. The recipient agency shall submit an Annual Certification Report to the Department of Justice and the Department of the Treasury (at the addresses shown in item 1) and a copy to the U.S. Attorney in the district in which the recipient agency is located. The certification must be submitted in accordance with the instructions received &om the respective departments or as outlined in the Justice or Treasury Guides. Receipt of the certification report is a prerequisite to receiving any equitably shared cash, property, or proceeds. 7. Audit Report. Audits will be conducted as provided by the Single Audit Act Amendments of 1996 and OMB Circular A-B3. The Department of Justice and the Department of the Treasury reserve the right to conduct periodic random audits. 8a. During the past 3 years, has your agency been found in violation of, or entered into a settlement agreement pursuant to, any nondiscrimination law in federal or state court, or before an administrative agency? o Yes Œ> No (If you answered yes, attach relevant information. See instructions.) 8b. Are there pending in a federal or state court, or before any federal or state administrative agency, proceedings against your agency alleging discrimination? o Yes QDNo (If you answered yes, attach relevant information./ See instructions.) The undersigned certify that the recipient agency is in compliance with the nondiscrimination requirements of the foHowing laws and their Department of Justice implementing regulations: Title VI of the Civil Rights Act of 1964 (42 U .S.c. § 2000d et seq.), Title IX of the Education Amendments of 1972 (20 U.S.c. § 1681 et seq.), Section 504 of the Rehabilitation Act of 1973 (29 U.S.c. § 794), and the Age Discrimination Act of 1975 (42 U.S.c. § 6101 et seq.), which prohibit discrimination on the basis of race, color, national origin, disability, or age in any federaHy assisted program or activity, or on the basis of sex in any federally assisted education program or activity. Under penalty of peIjury, the undersigned officials certify that the recipient state or local law enforcement agency is in compliance with the provisions of the Justice and/or Treasury Guides and the National Code of Professional Conduct for Asset Forfeiture. ame (Print or Type) Marshall B. Gage Date Name (Print or Type) Jerry Taylor Date ~=--- Governing Body Head --"'-'" ;gnature: Signature: / tie: Chief of Police Title: Mayor This form is subject to the Freedom of Information Act and may be released under 5 U.S.c. § 552. See www.usdoi.l!ov/crirninaJ/afmls.hlmJ or www.treas.l!ov/officeslenforcementlteoaffor additional fonns. April 2005 . . U.S. Department of Justice . Criminal Division Washington. D.C. 20530 APR - 8 2005 Dear State and Local Law Enforcement Agency: Your current Federal Equitable Sharing Agreement will expire this September. To allow for your continued participation in the equitable sharing program, please complete the enclosed Federal Equitable Sharing Agreement. The new agreement is valid through September 30, 2008 and should be submitted by June 1,2005.1 Since all incoming mail is sanitized and irradiated prior to delivery, early submission of your Federal Equitable Sharing Agreement will ensure that there is no lapse in your agency's compliance status. The Federal Annual Certification Report, also attached, is due 60 days after the close of your agency's fiscal year. The signed certification report is valid for one year and must be submitted each year, regardless of whether your agency received shared funds. Submission of the Federal Equitable Sharing Agreement and Federal Annual Certification Report are prerequisites to the distribution of equitably shared cash, proceeds, and property. The Federal Equitable Sharing Agreement and Annual Certification Report must be signed by the head of your law enforcement agency and the head of your governing body. The Asset Forfeiture and Money Laundering Section receives numerous inquiries regarding who is authorized to sign as the governing body head. For equitable sharing purposes, a governing body is the person or entity that has legislative authority to approve your agency's annual budget. Examples of governing body heads include city manager, mayor, city council chairperson, county executive, county council chairperson, director, secretary, administrator, commissioner, and governor. Law enforcement officials should not sign as the governing body head. If you need additional copies of the Federal Equitable Sharing Agreement or Federal Annual Certification Report, the forms may be downloaded from the Department of Justice website at www.usdoi.gov/criminallafinls.htm1. If your agency does not have Internet access, please retain a blank copy ofthe enclosed forms for future use. Any questions regarding reporting requirements and procedures may be directed to Junior Financial Analyst Lisa Trueblood at (202) 616-0702 or to the Law Enforcement Coordinating Committee (LECC) Manager in your district's U.S. Attorney's Office. 1 If there is a change in administration at your agency or governing body, a new agreement must be submitted. -2- In addition to forwarding the new Federal Equitable Sharing Agreement and Federal Annual Certification Report, I want to infonn you that the United States Marshals Service (USMS) is changing the way it disburses equitable sharing funds. Rather than issuing Treasury checks, USMS will disburse equitable sharing via Electronic Funds Transfer (EFT). This transition will take approximately a year to complete and will be implemented one state at a time. The USMS wiB send an Automated Clearing House Vendor Payment EnroHment Fonn to aU program participants to coHect the banking infonnation needed to transmit equitable sharing electronically. The completed enrollment fonn should be forwarded to Booth Management Consulting, LLC. Questions regarding EFT may be directed to the USMS at E.Share.Help@usdoi.gov or (202) 307-9205. Sincerely, c vVÞ-- ~er, Chief Asset Forfeiture and Money Laundering Section Enclosures I _._-_._--_._-~----~ 8) DEPARTMENT OF THE TREASURY DEPUTY ASSISTANT SECRETARY FOR TERRORIST FINANCING ..;..-) AND FINANCIAL CRIME EXECUTIVE OFFICE FOR ASSET FORFEITURE TELEPHONE: (202) 622-9600 740 15TH ST. N.W., SUITE 700, WASHINGTON, D.C. 20220 FAX: (202) 622-9610 APR - 8 2005 Dear State and Local Law Enforcement Agency: The Departments of Treasury and Justice are again doing a joint mailing of the agreement and certification forms as a means of reducing paperwork for your agency. The new"Valid thru September 30,2008" Federal Equitable Sharing Agreement and the revised Federal Annual Certification Report are the same forms. which should be submitted to both Treasury and Justice. Highlights of these reporting requirements are: ~ The Federal Equitable Sharing Agreement shall be submitted every three years. The enclosed agreement, which is due by October 1, 2005, will be effective through September 30, 2008. The head of the law enforcement agency and the head of the governing body (or authorized representative) must sign the agreement. A new agreement should be submitted anytime there is a change in administration at the head of the law enforcement agency or governing body level. Early submission of your Federal Equitable Sharing Agreement will ensure that there is no lapse in your agency's compliance status. y The Federal Annual Certification Report is due no later than ~O days after the close of the requesting agency's fiscal year. The head of the law enforcement agency and the head of the governing body (or authorized representative) must sign the certification report. A new participant is not required to submit a certification report until shared cash, proceeds, or property is received. Due to the high volume of paperwork that will be received during this renewal process. please either mail or fax your form. There is no need to do both. ~ Revised Guidelines: The Department of the Treasury Guide to Equitable Sharing for Foreign Countries and Federal, State, and Local Law Enforcement Agencies was revised April 2004. You may download copies of the revised Guide from our website www.treas.Qov/offices/enforcementlteoaf. Once on the site double-click on Guidelines. :Y Electronic Funds Transfer: As of May 2004, the Department of Treasury no longer issues payments via check. All Department of the Treasury payments will be made via Automated Clearing House (ACH). Please download the enrollment form from our website if you have not enrolled or if a change has occurred with your financial institution information since you last filed your form. Forward the completed Treasury Enrollment Form to the Indianapolis, Indiana address provided on the form. The Department of Treasury and Justice do not share financial entities. The enrollment process will be handled separately. Refer to the enclosed Department of Justice letter for instructions regarding the Justice process. ~ Paid: PAID is a system developed by the U.S. Department of the Treasury's Financial Management System (FMS) to provide participating federal agencies a method of making remittance information available to their vendors through the internet. The system is free of charge to registered vendors with internet access. The Department of the Treasury participates in this program. The type of information vendors can obtain from PAID are limited to the following: date of payment, payment amount, and invoice number. If your agency is interested in receiving information via the PAID system, you must go to the website www. fms.treas.aov/afc and fill out a registration form. The equitable sharing guidelines for Treasury and Justice are basically the same except for our policy on the transfer of equitably shared money. Treasury does not allow state or local law enforcement recipients to transfer shared cash to nonprofit community organizations except in "windfall" situations. Justice has the 15 percent permissible use policy and does not allow any transfer of cash. For more information on the Treasury policy, refer to pages 25, 26 and 27 of the Treasury Guide to Equitable Sharing (April 2004). Although you are receiving only one mailing of the forms, the Federal Equitable Sharing Agreement and the Annual Certification Report must be submitted to both the Department of the Treasury and the Department of Justice at the addresses listed below: U.S. Department of the Treasury U.S. Department of Justice Executive Office for Asset Forfeiture Criminal Division 740 15th Street, NW Asset Forfeiture and Money Laundering Section Suite 700 ACA Program Washington, DC 20220 10th and Constitution Avenue, NW E-mail address: Bond Building, Tenth floor www.treas.Qov/offices/enforcementlteoaf Washington, DC 20530 Or treas.aca@teoaf.treas.Qov E-mail address: www.afmls.aca@usdoj.gov Fax: (202) 622-9610 Fax: (202) 616-1344 The enclosed agreement and certification forms must be completed and returned by the stated deadlines in order for your agency to remain in compliance with the equitable sharing guidelines. These forms are also on our website along with other forms and information about the Treasury asset forfeiture program. Please contact Jackie Jackson or Kim Tyler at (202) 622-9600 should you have questions regarding the reporting requirements. Sincerely, ~t . ~~c.- ~ Eric E. Hampl Enclosure Acting Director VI.-CONSENT AGENDA ITEM C.9. 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 o April 5, 2005 March 14,2005 (Noon.) 0 June 7, 2005 May 16,2005 (Noon) o April 19, 2005 April 4, 2005 (Noon) 0 June 21,2005 June 6,2005 (Noon) o May 3, 2005 April 18, 2005 (Noon) 0 July 5, 2005 June 20,2005 (Noon) ~ May 17,2005 May 2, 2005 (Noon) 0 July 19,2005 July 5, 2005 (Noon) o Administrative 0 Development Plans NATURE OF ~ Consent Agenda 0 New Business AGENDA ITEM 0 Public Hearing 0 Legal o Bids 0 Unfmished Business o Announcement 0 Presentation o City Manager's Report ..:. ') RECOMMENDATlON:ò --¡ _'F~; -< ,~... ~ .:" ...-'. Authorization by Resolution, allowing the City Manager to enter into an Agreement for Professional Engin~i;Jng ~ ::;~ Services with Jordan, Jones and Goulding, Inc. for design, permitting, bid phase services and services during! ~ '::~) construction for the West Water Treatment Plant Improvement Project. w ,1:~ -;:; /) ....-¡ EXPLANATION: ~.':)= - ~ On December 26, 2004, the City of Boynton Beach issued a Request for Qualifications (RFQ) for profession~ ~ g:: engineering services for design, permitting, bid phase services and services during construction for the WestWateFï~ Treatment Plant Improvement Project. On April 15th, a Selection Committee assembled by the Director of Utilities ::I: reviewed the seven consultant packages received in response to the RFQ and selected (short-listed) three firms as the most qualified: Kimley-Horn, Hazen and Sawyer, and Jordan, Jones and Goulding. On April 19, 2005, the City Commission conducted interviews with the three short-listed firms and selected the engineering firm of Jordan, Jones and Goulding as the preferred consultant for the West Water Treatment Plant Improvement Project. An agreement for professional engineering services has been negotiated with Jordan, Jones and Goulding, Inc., which is being submitted herewith for approval. PROGRAM IMPACT: Improvements to the West Water Treatment Plant are necessary in order to increase water production in a cost- effective manner, improve plant safety and reliability, and accommodate the new water interconnection with Palm Beach County Utilities. FISCAL IMPACT: Firm, fixed Consulting fees for this project have been negotiated at $490,000. Funding for this project is provided in the City's Capital Improvements Plan, under the Utilities Reserve Fund category (Acct. Nos. 404-5000-590-96-01 WTR 098 - for expansion related tasks; and 403-5000-590-96-10 WTR 130 for non-expansion related tasks). Based upon estimated construction costs, 29.4% of this design project is related to expansion related activities, and the remaining 70.6% is considered non-expansion related activities. S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM AL TERN A TIVES: Implement some, or none of the proposed improvements to the West Water Treatment Plant. This would result in preventing the plant from maximizing its water production capacity, continue to use volatile gaseous chlorine in the water treatment process, and continue to rely on the County's valving and metering system to control flows through the pot~ble water i erconnection. ~ ~- Department Head's Signature City Manager's Signature Kofi A. Boateng, P.E. Kurt Bressner Director of Utilities ~/;!6 Utilities Department Name City Attorney / Finance / Human Resources XC: Kofi Boateng (w/attachments) Barbara Conboy " Finance Dept. " City Attorney " File " S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC --.-........-.,-.-.-.---. ,~..,~ 1 RESOLUTION NO. R 05- 2 3 A RESOLUTION OF THE CITY COMMISSION OF 4 THE CITY OF BOYNTON BEACH, FLORlDA, 5 APPROVING THE AWARD OF AN RFQ TO JORDAN, 6 JONES AND GOULDING; AUTHORlZING THE CITY 7 MANAGER TO ENTER INTO AN AGREEMENT FOR 8 PROFESSIONAL ENGINEERlNG SERVICES FOR 9 DESIGN, PERMITTING, BID PHASE AND SERVICES 10 DURlNG CONSTRUCTION OF THE WEST WATER 11 TREATMENT PLANT IMPROVEMENT PROJECT; 12 AND PROVIDING AN EFFECTIVE DATE. 13 14 \VHEREAS, on December 26, 2004, the City of Boynton Beach issued a Request 15 for Qualifications for professional engineering services for design, pennitting, bid phase 16 services and services during constuction for the West Water Treatment Plant Improvement 17 Project; and 18 WHEREAS, a Selection Committee reviewed the seven consultant packages 19 received in response to the RFQ and selected three finns as the most qualified; and 20 WHEREAS, on April 19, 2005, the City Commission conducted interviews with 21 the three short-listed finns and selected the engineering finn of Jordan, Jones and Goulding 22 as the Consultant; and 23 WHEREAS, an Agreement for Professional Services has been negotiated with 24 Jordan Jones and Goulding, Inc. 25 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 26 THE CITY OF BOYNTON BEACH, FLORlDA, THAT: 27 Section I. The foregoing "Whereas" clauses are hereby ratified and con finned 28 as being true and correct and are hereby made a specific part of this Resolution upon 29 adoption. S:\CA\RESO\Agreements\Bid Awards\Award of RFQ - Jordan Jones Goulding.doc 1 Section 2. The City Commission of the City of Boynton Beach, Florida, hereby I I 2 approves the award of an RFQ to Jordan, Jones and Goulding, Inc. and authorizes the City 3 Manager to execute a Consultant Agreement for Engineering Services for the West Water 4 Treatment Plant hnprovements. 5 Section 3. That this Resolution shan become effective immediately. 6 PASSED AND ADOPTED THIS __ day of May, 2005. 7 CITY OF BOYNTON BEACH, FLORIDA 8 9 10 11 Mayor 12 13 14 Vice Mayor 15 16 17 Commissioner 18 19 I 20 Commissioner I 21 22 ATTEST: 23 Commissioner 24 I I I 25 City Clerk 26 27 28 29 S:\CA\RESO\Agreements\Bid Awards\Award of RFQ - Jordan Jones Goulding.doc West Water Treatment Plant Improvements April 12, 2005 Plant Improvement Estimated Cost Comments New Emergency Generator and Fuel $800,000 Needed to build redundancy Tank into the emergency power generation system. Complex Electrical and Mechanical Engineering effort. New Vertical Cartridge Filter $600,000 Needed for increased treatment capacity. Relatively straight-forward mechanical engineering effort. Additional Pressure Vessels and $400,000 Needed for increased Replacement of Existing Membrane capacity. Relatively straight- Elements forward mechanical engineering effort. Conversion from Gaseous OUorine to $1,000,000 Needed to eliminate risk of On-site Generation Facility cWorine leakage. Relatively complex Mechanical and electrical engineering effort. Upgrade Roof $140,000 Needed to improve roof structure resIstance to hurricane force winds. New Finish Water Pwnp and related $200,000 Needed to improve delivery Instrumentation and Controls of finish water to customers. Relatively straight- forward mechanical and electrical engineering effort. Plant Security Upgrades $100,000 Needed to address results of consultant's Vulnerability Assessment Report. Relatively straight forward, vendor-supplied effort. Water Interconnection Valve, Metering $100,000 Needed to control and and Instrumentation and Controls monitor amount of water received from Palm Beach County. Relatively straight forward mechanical and electrical engineering effort. Total Estimated Cost $3,400,000 CONSULTANT AGREEMENT FOR ENGINEERING SERVICES FOR THE WEST WATER TREATMENT PLANT IMPROVEMENTS THIS AGREEMENT is entered into between the City of Boynton Beach> hereinafter referred to as "the City»> and Jc>RDAJ.h)Oj.,)£5 i GJ{)VLþíkJr.., hereinafter referred to as "the . Consultant'» in consideration of the mutual benefits, terms> and conditions hereinafter specified. 1. PROJECT DESIGNATION. The Consultant is retained by the City to perform CONSULTANT services in connection with the project designated ENGINEERING SERVICES FOR THE WESTWATER TREATMENT PLANT IMPROVEMENTS. 2. SCOPE OF SERVICES. Consultant agrees to perform the services> identified on Exhibit "Bn attached hereto> including the provision of all labor, materials> equipment and supplies. 3. TIME FOR PERFORMANCE. Work under this contract shall commence upon the giving of written notice by the City to the Consultant to proceed. Consultant shall perform all services and provide all work product required pursuant to this agreement by1 0 c., calendar days from the date written notice is given to proceed, unless an extension of such time is granted in writing by the City. 4. PAYMENT. The Consultant shall be paid by the City for completed work and for services rendered under this agreement as follows: a. Payment for the work provided by Consultant shall be made as provided on Exhibit "B» attached hereto, provided that the total amount of payment to Consultant shall not exceed 4LiO) Orìö without express written modification of the agreement signed by the City. 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 of the total contract price earned will be made promptly upon its ascertainment and verification by the City after the completion of the work under this agreement and its acceptance by thè City. d. Payment as provided in this section shall be full compensation for work perfoIDled, services rendered and for all materials, supplies, equipment and incidentals necessary to complete the work. e. The Consultant's records and accounts pertaining to this agreement are to be kept available for inspection by representatives of the City and State for a period of three (3) years after final payments. Copies shall be made available upon request. CA-I 5. OWNERSHIP AND USE OF DOCUMENTS. All documents, drawings, specifications and other materials produced by the Consultant in connection with the services rendered under this agreement shall be the property of the City whether the project for which they are made is executed or not. The Consultant shall be pemútted to retain copies, including reproducible copies, of drawings and specifications for infonnation, reference and use in connection with Consultant's endeavors. 6. COMPLIANCE WITH LA WS. Consultant shall, in perfonning the services contemplated by this service agreement, faithfully observe and comply with all federal, state and local laws, ordinances and regulations that are applicable to the services to be rendered under this agreement. fjN)J i -ZG -05 7. INDEMNIFICATION. Consultant shall indemnify, ~ and hold hannless the City, its offices, agents and employees, from and against any and all claims, losses or liability, or any portion thereof, including attorneys fees and costs, arising from injury or death to persons, including injuries, sickness, disease or death to Consultant's own employees, or damage to property occasioned by a negligent act, omission or failure of the Consultant. 8. INSURANCE. The Consultant shall secure and maintain in force throughout the duration pf this contract comprehensive general liability insurance with a minimum coverage of $1,000,000 per occurrence and $1,000,000 aggregate for personal injury; and $1,000,000 per occurrence/aggregate for property damage, and professional liability insurance in the amount of $1,000,000. Said general liability policy shall name the City of Boynton Beach as an additional named insured and shall incJude a provision prohibiting cancellation of said policy except upon thirty (30) days prior written notice to the City. Certificates of coverage as required by this section shall be delivered to the City within fifteen (15) days of execution of this agreement. 9. 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 otheIWise deducting federal income tax or social security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to Consultant, or any employee of Consultant. ~cw4rl~ J"2~-05' 10. COVENANT AGAINST CONTINGENT FEES. The Consultant wammts that h has not employed or retained any company or person, other than a bonafide employee working solely for the Consultant, to solicit or secure this contract, and that he has not paid or agreed to pay any company or person, other than a bonafide employee working solely for the Consultant, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this contract. CA-2 ~~cI~)/f JbN~ j-Z6-0S For breach or violation of this warranty, the Ci shall have the right to annul this contract without liability or, in its discretion to deduct from the contract price or consideration,. or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 11. DISCRlMINATlON PROHIBITED. The Consultant, with regard to the work perfonned by it under this agreement, will not discriminate on the grounds of race, color, national origin, religion, creed, age, sex or the presence of any physical or sensory handicap in the selection and retention of employees or procurement of materials or supplies. 12. ASSIGNMENT. The Consultant shall not sublet or assign any of the services covered by this agreement without the express written consent of the City. 13. NON-WAIVER. Waiver by the City of any provision of this agreement or any time limitation provided for in this agreement shall not constitute a waiver of any other provision. 14. TERMINATION. a. The City reserves the right to terminate this agreement at any time by giving ten (10) days written notice to the Consultant. 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. 15. DISPUTES. Any dispute arising out of the terms or conditions of this agreement shall be adjudicated within the courts of Florida. Further, this agreement shall be construed under Florida Law. 16. NOTICES. Notices to the City of Boynton Beach shall be sent to the following address: City of Boynton Beach P.O. Box 310 Boynton Beach, FL 33425-0310 Notices to Consultant shall be sent to the following address: CA-3 '·"·__·>__M_.~·'__> .;.<,-~.'< 17. INTEGRATED AGREEMENT. This agreement, together with attachments or addenda, represents the entire and integrated agreement between the City and the Consultant and supersedes all prior negotiations, representations, or agreements written or oral. This agreement may be amended only by wrÜten instrument signed by both City and Consultant. DATED this _ day of ,20_. CITY OF BOYNTON BEACH City Manager 13. )ý~ J.~ Consu t Attest! Authenticated: 7I«x ¡¿)x ~ t7& AV{ Title (Corporate S~al) City Clerk Approved as to Fonn: Attest! Authenticated: Office of the City Attorney e~ 9-. 9v~ Rev. 1/22191 CA-4 Task Order No. DOS-Ol City of Boynton Beach West Water Treatment Plant Improvements A. Background The City of Boynton Beach (City) owns and operates the West Water Treatment Plant (Plant). The Plant utilizes nano-filtration technology and currently has a peak water treatment capacity of 10 million gallons per day (MGD), including a 20% blend. The pennitted water supply is in excess of this volume and the City is desirous of increasing the treatment capacity to more closely match the supply capacity. The City's Capital Improvement Plan identifies several other improvements to the Plant that the City desires to implement at this time. These improvements include the addition of a vertical cartridge filter to handle increased production; the replacement of existing filter membranes in trains 4, 5 and 6 to match units recently installed in units 1, 2, and 3; the conversion of the gaseous chlorine disinfection to an on-site generation system; installation of a finished water pump and related modifications such as instrumentation and electrical work. The City also intends to improve the facility's roofing system to meet current building code requirements and build redundancy into the emergency power generation system at the Plant by adding emergency generation and fuel storage capacity to protect the integrity of the water supply and delivery systems during extended power outages. In addition to the above improvements, this scope of work adds those facility modifications necessary to accommodate Palm Beach County interconnection to supply finished water. Interconnection flows can be directed to on-site ground storage or to the discharge side of the Plant's finished water pumps, going directly to the distribution system. The current situation allows only for manual control of the Plant interconnect. This project adds a modulating control value and accompanying flow meter to allow the Plant to automatically control the rate of flow. Instrumentation improvements will be added to control flow and to provide input to the automatic feeding of finished water chemicals. Should the City detennine that a ground storage tank is necessary to provide additional ground storage capabilities at the Plant, said fee shall be negotiated separately from this Task Order at the City's discretion. 1 Table A-I sets forth an order of magnitude level estimate of project construction costs. Project Scope Summary and Costs Table A-I Estimated Construction PLANT UP-GRADING Cost, $ Second Emergency Diesel Generator and fuel storage tank 800,000 Add vertical cartridge filter 600,000 Install 3 additional pressure vessels in trains 4, 5, & 6; replace existing 400,000 train 4, 5 & 6 membrane elements, plus new elements for added vessels Change to on-site Generation 1,000,000 Related Instrumentation and E]ectric Modifications ]40,000 nstall Finished Water Pump 200,000 Plant Security Improvements 100,000 INTERCONNECTION IMPROVEMENTS Automating Interconnection Control and piping modifications 100,000 SUBTOTAL WEST WATER TREATMENT PLANT 3,340,000 ~onstruction contingency (15%) 500,000 [TOTAL 3,840,000 B. Scope Of Services The foHowing project tasks have been developed to ensure project success: Task 1 - Project Initiation Activities and Project Meetings 1.1 Prepare Detailed Project Management Plan . The purpose of this subtask is to prepare a plan which clearly infonns each team member of their assigned responsibilities, budget, schedule and products. 1.2 Monitor Project Schedule . The project manager will develop an overaH project schedule (using Microsoft Project) which will be updated, per City requirements. The schedule win include task activities, start/completion dates, subtask interrelationships, deliverable milestones and key interface points with the City. 1.3 Monthly Status Reports . Provide City with detailed monthly status reports which identify work completed by subtask, task, work anticipated, cash flow, percent complete, schedule and any significant events affecting the project's progress. 2 1.4 Conduct Kick-off Meeting · An initial kick-off meeting with City staff and the Project Team will be conducted to establish the fonnal lines of communication, goals, objectives and review schedule. 1.5 Project Review Meetings · Prepare for and conduct three project review meetings with City staff at the 30 percent, 60 percent and 90 percent stages. 1.6 Project Coordination Meetings · In addition to the more fonnal meetings described under Subtask 1.5, up to five infonnal project review and status meetings will be held with the City. These meetings will be important to ensure a well-coordinated project and to ensure that important input rrom City staff is incorporated into the planning effort. Task 2 - Quality ControJ/ Quality Assurance 2.1 Technical Quality Checks · Under this subtask, senior Consultant technical reviews of the project will be conducted. It is anticipated that senior Consultant personnel will be involved initially to ensure that the appropriate and most cost-effective systems will be designed. Senior Consultant engineers will maintain involvement to conduct spot checks on the project as it progresses through the design cycle. 2.2 Coordination Cross-check · At the 90 percent stage, a senior Consultant engineer will conduct a constructability review and coordination cross-check review ofthe design. Task 3-Basis of Design Report 3.1 Basis of Design Report will include: · Design data · Design Project description · Standards (structural, architectural, mechanical, electrical and instrumentation) · Process Piping and Instrumentation Design 3 · Process calculations · Site and building plans · Process systems · Utilities 3.2 Submit Design Report to the City Task 4-Surveying 4_1 Perfonn ground control survey. 4.2 Develop as-built locations and elevations for existing facilities affected by improvements. Task 5-Civil Design 5.1 Prepare Civil Plans and Specifications . Prepare general documents to present the civil engineering design, including Plant site layout; and to coordinate plan, design data, demolition plan, grading, roadway and paving design, outside piping, drainage design (surface and subsurface) and site utilities. This task shall include final design and production of general/civil drawings. 5.2 Prepare Set of Calculations . Prepare, check and catalog a set of detailed design calculations for the project. Calculations will indicate assumptions employed, drainage design criteria, fonnulae used with references noted, pavement design criteria, and sketches. Task 6 - Piping, Process and Instrumentation Design 6.1 Prepare Piping, Process and Instrumentation Design . The approach to the modifications to the existing design is to prepare process piping and instrumentation drawings that are based on the existing design, and add modifications. Task 7-Architectual Design 7.1 This task shall include final design and production of architectural drawings for the building modifications. Architectural elements shall be detailed sufficiently so that construction contractors can perfonn detailed takeoffs of materials. Particular attention shall be shown to coordination of work with other disciplines, callout of elevations and detailing of floor drains and slopes. Design of architectural elements shall be in confonnance with the current edition of the Florida Building 4 Code (latest edition) and an other applicable codes. Architectural specifications shal1 include divisions 7, 8 and 9. Task 8 - Structural Design 8.1 Evaluate Structural Systems · Evaluate the various structural systems available and perform detailed design of al1 structural modifications and production of final structural drawings. Final drawings shan be detailed for takeoff of basic materials by construction contractors. · Prepare, check and catalog a set of detailed design calculations for the project. Calculations win indicate assumptions employed, structural design criteria, formula used with references noted, and sketches. · Prepare structural specifications. Task 9 - Process/Mechanical Design 9.1 Preparation of plans and specifications wil1 include the following activities: · Evaluate and select the type and size of all major equipment items including: pumps, motors, membranes, cartridge filters, etc. Verify the availability and schedule for major mechanical equipment. · Determine size and type of piping and valves to be used. · Develop the control requirements and evaluate integration into existing control system. · Prepare, check and catalog a set of detailed design calculations for the project. Calculations will indicate assumptions employed, design criteria, formulae used with references noted, hydraulic design criteria and sketches, pump curves, system-head curves, and motor sizing. · Prepare plan drawings as summarized in the attached drawing list. · Mechanical specifications. · Design data sheets for each major piece of mechanical equipment. Task 10 - Electrical Design 10.1 Preparation of plans and specifications will include the following activities: 5 " '_""~".~'~_~"_,C__'''=.''''''-''''''''.~'''''-''''''''___'''''"",,·~··~· . Evaluate electrical power system redundancy. The power distribution system evaluation shall include load analysis and evaluation, equipment selection and layout, short circuit analysis, and conduit/conductor sizing and routing for power distribution, instrumentation and control circuits. Systems evaluation shall be in accordance with recognized industry standards and applicable local and national codes. . Prepare electrical construction drawings and specifications if the system evaluation justifies the need for an additional generator. Electrical drawings shaH include site utilities plans, building power distribution and grounding plans, Jighting plans, control diagrams, one-Jine diagrams and instaHation details. Drawings shall be sufficiently detailed to present material quantities, sizes, ratings, and specific instaHation requirements. Plan drawings shall locate power distribution, Jighting, control and utilization equipment. Circuit requirements shaH be depicted by homerun designation referenced to the applicable one-line diagram. Drawings shaH indicate the routing of aH conduit 3-inch diameter and larger. The routing of aH site utilities duct banks shaH be depicted. Power distribution system one-line diagrams shaH be prepared for each major system component including unit substations, switchgear, and motor control centers. The equipment ratings and circuit requirements for power and lighting panel boards shaH be prepared in schedules. . Prepare control diagrams for each motor controJIer exclusive of those controHers provided as integral components of a process equipment package. Control diagrams shaH depict the power and control interface between the motor controHer, the process equipment, and aH ancillary control and protective devices. Interface requirements to packaged control systems shaH be depicted as conduit and conductor requirements on one-line diagrams. Manufacturer's submittal documentation for each packaged control system wiIJ detail the actual tennination requirements for aH power and control circuits. . Perfonn an area classification analysis to detennine material and instaHation requirements for aH project areas. Area classification shaH be based on the anticipated environmental conditions. Applicable codes and standards shaH be utilized for detennination of hazardous area classifications. Selection of equipment materials of construction and instaHation methods shaH be based on the area classification. · Compile manufacturer's product literature and budgetary prices for an significant components of each system. · Coordinate with other design disciplines to insure constructability and maintenance of Plant operations. · Prepare plan drawings as required to support modifications. 6 . Electrical specifications . Design data sheets for each major piece of electrical equipment. Task 11 - Front-End Documents 11.1 Review City's General and Special Conditions portion of the specifications and prepare Supplemental Conditions. 11.2 Prepare Liquidated Damages estimate. 11.3 Prepare bidding schedule for the Contract. . Review City Specifications and prepare completed set of technical specifications. Task 12 - Sequence of Construction and Scheduling 12.1 Prepare a pre-bid construction schedule that identifies the expected contract duration. 12.2 Prepare a specification section identifying the critical components of construction and their relationship to other construction components and/or Plant operation. Task 13 - Milestone Cost Estimates 13.1 Prepare construction cost estimate at the completion of the 60, 90 and 100 percent design phases to include as a minimum costs for: concrete, earthwork, architectural, electrical, structural, mechanical, major equipment, and major piping. Develop factors or percentages to be used in estimating such items as electrical and instrumentation, Contractor's mobilization, overhead and profit, and construction contingencies. 13.2 Prepare a final cost estimate (100 percent) for the bid documents for detennination of the official opinion of probable cost. Task 14 - Submittals to City 14.1 Prepare submittal packages for City reviews at the 30, and 90 design completion stages. A progress 60% submittal will be prepared for the City, but design work will continue to limit schedule impact. 14.2 Once all design work is complete, the drawings and specifications will be assembled and prepared for printing. Activities include: 7 · Affixing professional engineer's seals and signatures. · Collating all sheets and specifications. · Assigning sheet numbers in numerical sequence. · Preparing printing instructions. 14.3.3 Provide six copies of each submittal package to the City. Assembled package shall include final bid set of drawings and specifications ready for City's review. Task IS-Permitting 15.1 Provide all pennitting services to the City for the work to be performed. Task 16 - Bid Period Services 16.1 Schedule and conduct a pre-bid conference. At pre-bid conference, provide a tour of the site to bidders and distribute notes :trom the conference. 16.2 Receive and respond to questions :trom bidders concerning clarifications to drawings and specifications. Prepare addenda, as required, for revisions to the drawings and specifications for issue by Owner prior to bid date. The Engineer wi]] respond to questions by prospective bidders via written addendum. 16.3 Attend the bid opening. Evaluate bid proposals, prepare a bid evaluation letter report, and prepare a recommendation to the Owner regarding contract award. Attend a meeting with the Owner and potential awardee, if required. 16.4 Assist Owner in obtaining required documents :trom Contractor and in awarding construction contracts. C. Contract Reference This task order shall be perfonned under the tenns and conditions described within the Agreement for General Engineering Consulting Services by and between the City of Boynton Beach and the engineer. D. Additional Services Additional services, if requested by the City will be provided under an amendment to this Task Order, or under separate contract at the City's discretion. 8 E. Obligations Of The City The City will provide infonnation and documentation pertinent to this project within thirty (30) calendar days from receipt of the executed contract agreement and Notice to Proceed. F. Compensation The budgets for each Sub-task and corresponding percent value are as follows: Task 1 - $12,000 Task 2 - $10,000 Task 3 - $64,000 Task 4 - $8,000 Task 5 - $33,000 Task 6 - $34,000 Task 7 - $50,000 Task 8 - $49,000 Task 9 - $92,000 Task 10-$52,000 Task 11- $10,000 Task 12- $1,000 Task 13- $18,000 Task 14- $1,000 Task 15- $16,000 Task 16- $40,000 Total Fees = $490,000 Compensation for services rendered under this Task Order will be based on a Lump Sum Fee of $490,000. Monthly invoices will be based on "percent complete" in accordance with individual sub-task values listed in this section. A list of assumptions associated with the proposed fees is attached in Table 1. G. Schedule It is anticipated that this effort will be concluded within two hundred six (206) calendar days after receipt of a Notice to Proceed (NTP). Individual Tasks wíll be completed within the stated number of days following the NTP as follows: Task 1 - 206 days Task 2 - 206 days Task 3 - 60 days Task 4 - 60 (overlaps BOD phase Task 3) days Task 5 - 90 days Task 6 - 90 days Task 7 - 90 days Task 8 - 90 days Task 9 - 90 days 9 Task 10 - 90 days Task 11- 90 overlaps detailed design Tasks #5 - ] 0 days Task 12- 90 overlaps detailed design Tasks #5 - ] 0 days Task] 3- ISO overlaps detailed design Tasks #4 - 10 days Task ]4- 150 overlaps detailed design Tasks #4 - 10 days Task 15- 70 days Task 16- 50 days 10 APPROVED BY: CITY OF BOYNTON BEACH, FLORIDA By: Kurt Bressner, City Manager Dated this day of ,2005. SUBMITTED BY: JORDAN, JONES & GOULDING, INC. By: l3. 7ý~fJ¥~Ç) ¿~~e ~x--Mckd Na " Title Dated this 2~; day of rm.uQ'"1 ' 2005 Attachments 11 Table] City of Bo)'nton Beach, Florida 'Vest Water Treatment Plant LIST OF ASSUMPTIONS Assumption Architectural walls for bulk and salt tanks are not included. Roof repair is limited to hurricane roof tie downs, roof replacement or major structural design is not included. Building extension will be required to house the proposed generator. The proposed generator will match the existing Existing fuel storage space allows the addition of a second fuel tank. Proposed chemical tanks will be located outdoors in an above ground containment area. Adequate power supply to the Plant is available to power the proposed improvements. It is assumed that as-built AUTOCAD drawings of the existing facilities will be provided by the City Temporary chlorine system will be required to allow removal of the chlorine gas system. Proposed on-site chlorine generators and feed pumps will be housed in the existing chlorine storage room. Existing equipment inside the chlorine storage room will be removed. Architectural or structural modifications to the chlorine storage room are not included. Existing access roads will be used to deliver future salt deliveries. Plant security improvements will be limited to moving the south fence further south. Cameras and access gates are not defined and are not included. Modifications to the existing electrical switchgear is limited to changes need to add a second generator. Existing chlorine feed lines and pi oint will be used to feed the on-site generated chlorine solution. Review period by the City of two weeks is assumed for each submittal. VI.-CONSENT AGENDA ITEM C.lO. 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 D April 5,2005 March ]4,2005 (Noon.) D June 7, 2005 May 16,2005 (Noon) D April] 9,2005 April 4, 2005 (Noon) D June 2], 2005 June 6, 2005 (Noon) D May 3, 2005 April ]8,2005 (Noon) D July 5, 2005 June 20, 2005 (Noon) [8J May 17,2005 May 2,2005 (Noon) D July 19,2005 July 5, 2005 (Noon) D Administrative D Development Plans NA TURE OF [8J Consent Agenda D New Business AGENDA ITEM D Public Hearing D Legal D Bids D Unfinished Business D Announcement D Presentation D City Manager's Report RECOMMENDATION: Ratification of a Memorandum of Understanding between the City of Boynton Beach and the National Conference of Fireman & Oilers, SEIU, AFL-CIO, Local 1227 (blue collar) for the purpose ofmodif)ring an existing Collective Bargaining Agreement between the City and the Union EXPLANATION: The City and the Union are currently in negotiations for a new Collective Bargaining Agreement. Article 38 of that Agreement, entitled "Safety and Health", provides for a shoe stipend to employees designated by the City Safety Committee as employees in need of safety shoes/boots. In the interest of safety and risk management, the City and the Union desire to enter into this Memorandum of Understanding providing that those employees designated by the City Safety Committee received a one-time shoè wage allowance in the amount of $190.00 for fiscal year 2004/2005. PROGRAM IMP ACT: nla FISCAL IMPACT: $41,230.00 (217 blue collar employees times $190.00) reimbursement for safety shoes until completion of the impasse/collective bargaining process. ~¡gnaM' S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC 1 RESOLUTION R05- 2 3 A RESOLUTION OF THE CITY COMMISSION OF 4 THE CITY OF BOYNTON BEACH, FLORIDA, 5 RATIFYING A MEMORANDUM OF 6 UNDERST ANDING BET\VEEN THE CITY OF 7 BOYNTON BEACH, FLORIDA AND THE NATIONAL 8 CONFERENCE OF FIREMAN AND OILERS, SEIU, 9 AFL-CIO, LOCAL 1227 (BLUE COLLAR) TO 10 PROVIDE A SAFETY SHOE WAGE ALLOWANCE; 11 AND PROVIDING AN EFFECTIVE DATE. 12 13 \VHEREAS, the City of Boynton Beach and the National Conference of Fireman & 14 Oilers, SEIU, AFL-CIO, Local 1227 (Blue Col1ar) have engaged in co]]ective bargaining for 15 a new Col1ective Bargaining Agreement; and 16 \VHEREAS, Article 38 of the Agreement, entitled "Safety and Health" provides for 17 a shoe stipend to employees designated by the City Safety Committee as employees in need 18 of safety shoes/boots; and 19 WHEREAS, in the interest of safety and risk management the City and the Union 20 desire to enter into the Memorandum of Understanding providing that those employees 21 designated by the City Safety Committee receive a one-time shoe wage a]]owance in the 22 amount of$190.00 for fiscal year 2004/2005; and 23 WHEREAS, the City Commission of the City of Boynton Beach deems it to be in 24 the best interests ofthe residents and citizens of the City to ratify this Memorandum; 25 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION 26 27 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 28 29 Section 1. The foregoing "WHEREAS" clauses are true and correct and hereby 30 ratified and con finned by the City Commission. 31 S:\CA\RESO\Agreements\MOU - Shoes (Blue).doc "~;.,,",~",-~'" ,,,,,"10-,.,-../,,,,,,,.,,, ....._~.......~"- 1 Section 2. The City Commission of the City of Boynton Beach, Florida does 2 hereby ratify the Memorandum of Understanding between the City of Boynton Beach and 3 the National Conference of Fireman & Oilers, SEIU, AFL-CIO, Local 1227 (blue collar) for 4 a safety shoe stipend, a copy of which is attached hereto and made a part hereof. 5 Section 3. This Resolution will become effective immediately upon passage. 6 PASSED AND ADOPTED this _ day of May, 2005. 7 8 CITY OF BOYNTON BEACH, FLORIDA 9 10 11 Mayor 12 13 14 Vice Mayor 15 16 17 Commissioner 18 19 20 Commissioner 21 22 23 Commissioner 24 ATTEST: 25 26 27 City Clerk 28 29 (Corporate Seal) 30 31 S:\CA\RESO\Agreements\MOU - Shoes (Blue).doc MEMORANDUM OF UNDERST AN~)NG This Memorandum of Understanding is entered into this 2Þ- day of 4tJ.u-.f ,2005, by aod befween the CITY Of BOYNTON BEACH (the "CITY) and the NATIONAL J CONFERENCE OF FIREMAN, OILERS, SEIUAFL-CIO, LOCAL 1227 (the "UNION") for the purpose of modifying an existing Cot1ective Bargaining Agreement betwe~n the CITY and the UNION. WHEREAS, the CITY andu the UNION- have entered into a C911ective Bargaining Agreement, the tenn of which expiJ;es September 30,2004 (Agreement"); and WHEREAS, the CITY and the UNION are currently engaged in collective bargaining fot -a-newColkct-ìve-t;argaining -Agrecmcnt,1ñerennoHvbicbuí5tÐbeg4n-en October), 2004; and WHEREAS, Artìde 38" ofthe Ægreemenf, entítted "SA.FETY A~ HEAL TH" provides for a shoe stipeod to emgloyees designated by the City Safety Committee as employees in need of safety si1oeslboots; and WHEREAS; In tne interest or-safety and risK managemenf, the C~TY and the UNION de.su.e _ to _ enter into _ this Memorandum of Understandin& _ providing. that those employees designated by the City Safety Committee receive a one-time shoe wage allowance in the amount of--Sl90.00-fœ-f\scal year 2004/2005; NOW-THEREfOR£,.the.CIIY_and the UNION agree as follows: 1. The foregoing whereas clauses are true and correct. 2. Each empfoyee àesignatea by the Safefy Cömmitree shatr~eceive a shoe wage allowance of $190.00 to be used for s!lfet~shoes!boots. This safety_shoe wage allowance shaJJ be payable to each designated employee within sixty (60) day~ pf approval of this MeID(){andum..oLUnder~arnLthis..allowanc.e. shalLbethe only safety shoe wage al10wance received by s-aìd -emp10yeesforiiscai year 20047'2005. 3: The Memorandum ofUnaerstandÎng shall become eff¢ctív~ as of the date it is ratified by both Earties, shall be inco~rated into the Collective Bargaining Agreement negotiated and/or entered into between the parties for the 2004fZ005jscal year, and shall be etrectiv.e.JJDtiJ September 30, 2005. 4_ Nothing herein shall be interpreted OJ construed in any manner which would preclude eítfier the CITY or the UNJONffom bargaining any other matter not specifically addressedjn. this MemoDU1cJwn of Undersunding. MOV - ShOu (blvc collar) Rev. OJ·07-o$ 1 .' 'm~o'O_·.'."..·~.'~ - ~'-. . d .. " __¡"",-*,._~,~._ ..,-. 4. Aßotherterrns- of-the- CoUective- Bargaining Agreementexpjring September 30, 2004, are binding except where expressly modified herein or hereinafter by the CITY and tbe UNION. 5. 'JñíS·MemorandUm ofUndrtständing was approvcd·by the Çity Commission of the City of Boynton Beach at 'its:meeting of· .2005. 11IE CITY OF NCF&;O. SEIU Af'L.CIO. 8OYNTO~BEACFr LOC..u, J227 (white collar) Mayor bf2 ()¡~¥ -'. .. .... .. City- Manager ê ð~ftþ~'" ""'My t?nion rcsentative I Date t¡/þ /65./ Date AlTEST: < cityC-IedI: APPROVED AS TO LEGAL FORM: O~ of the City Attorney SJ~IMOU~ ~ (...... tIOIIr).ctoo Jt;\I~n2.""""" - __ (..... ooIlIII).dDo MOU ~ ~ c.....l:OII8r) Jtno. 03~ . . 2 VI.-CONSENT AGENDA ITEM C.ll. 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 o April 5, 2005 March 14,2005 (Noon.) o June 7, 2005 May 16,2005 (Noon) o April 19,2005 April 4, 2005 (Noon) o June 21,2005 June 6, 2005 (Noon) o May 3, 2005 April 18,2005 (Noon) o July 5, 2005 June 20, 2005 (Noon) I2SI May 17,2005 May 2, 2005 (Noon) o July 19, 2005 July 5, 2005 (Noon) 0 Administrative 0 Development Plans NA TURE OF I2SI Consent Agenda 0 New Business AGENDA ITEM 0 Public Hearing 0 Legal 0 Bids 0 Unfinished Business 0 Announcement 0 Presentation 0 City Manager's Report RECOMMENDATION: Ratification of a Memorandum of Understanding between the City of Boynton Beach and the National Conference of Fireman & Oilers, SEIU, AFL-CIO, Local 1227 (white collar) for the purpose of modifying an existing Collective Bargaining Agreement between the City and the Union EXPLANATION: The City and the Union are currently in negotiations for a new Collective Bargaining Agreement. Article 35 ofthat Agreement, entitled "Safety and Health", provides for a shoe stipend to employees designated by the City Safety Committee as employees in need of safety shoeslboots. In the interest of safety and risk management, the City and the Union desire to enter into this Memorandum of Understanding providing that those employees designated by the City Safety Committee received a one-time sh<ß wage allowance in the amount of$190.00 for fiscal year 2004/2005. PROGRAM IMPACT: n/a y $4,370.00 (23 white collar employees times $190.00) g reimbursement for safety shoes until completion of the collective bargaining process. ~;gnatu" / ~ Hu~an Resources De artment Name City ttomey / Fmance / Human Resources S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC 1 RESOLUTION R05 - 2 3 A RESOLUTION OF THE CITY COMMISSION OF 4 THE CITY OF BOYNTON BEACH, FLORIDA, 5 RATIFYING A MEMORANDUM OF 6 UNDERSTANDING BET\VEEN THE CITY OF 7 BOYNTON BEACH, FLORIDA AND THE NATIONAL 8 CONFERENCE OF FIREMAN AND OILERS, SEIU, 9 AFL-CIO, LOCAL 1227 (WHITE COLLAR) TO 10 PROVIDE A SAFETY SHOE WAGE ALLOWANCE; 11 AND PROVIDING AN EFFECTIVE DATE. 12 13 \VHEREAS, the City of Boynton Beach and the National Conference of Fireman & 14 Oilers, SEIU, AFL-CIO, Local 1227 (White Collar) are currently engaged in collective 15 bargaining for a new Collective Bargaining Agreement; and 16 WHEREAS, Article 35 of the Agreement, entitled "Safety and Health" provides for 17 a shoe stipend to employees designated by the City Safety Committee as employees in need 18 of safety shoes/boots; and 19 WHEREAS, in the interest of safety and risk management the City and the Union 20 desire to enter into the Memorandum of Understanding providing that those employees 21 designated by the City Safety Committee receive a one-time shoe wage allowance in the 22 amount of$190.00 for fiscal year 2004/2005; and 23 WHEREAS, the City Commission of the City of Boynton Beach deems it to be in 24 the best interests ofthe residents and citizens of the City to ratify this Memorandum; 25 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION 26 27 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 28 29 Section 1. The foregoing "WHEREAS" clauses are true and correct and hereby 30 ratified and confinned by the City Commission. 31 S:\CA\RESO\Agreements\MOU - Shoes (White).doc ~ 1 Section 2. The City Commission of the City of Boynton Beach, Florida does 2 hereby ratifY the Memorandum of Understanding between the City of Boynton Beach and 3 the National Conference of Fireman & Oilers, SEIU, AFL-CIO, Local 1227 (white collar) 4 for a safety shoe stipend, a copy of which is attached hereto and made a part hereof. 5 Section 3. This Resolution will become effective immediately upon passage. 6 PASSED AND ADOPTED this _ day of May, 2005. 7 8 CITY OF BOYNTON BEACH, FLORIDA 9 10 11 Mayor 12 13 14 Vice Mayor 15 16 17 Commissioner 18 19 20 Commissioner 21 22 23 Commissioner 24 ATTEST: 25 26 27 City Clerk 28 29 (Corporate Seal) 30 31 S:\CA \RESO\Agreements\MOU - Shoes {White).doc MEMORANDUM OF UNDERSTANDING '1 This Memorandum of Understanding is entered into this 1JL day of tJ.{lMf , 2005, by and between the CITY OF BOYNTON BEACH (the "CITY") and the NATIONAL CONFERENCE OF FIREMAN, OILERS, SEIU AFL-CIO, LOCAL 1227 (white collar) (the "UNION") for the purpose of modifYing an existing Collective Bargaining Agreement between the CITY and the UNION. WHEREAS, the CITY and the UNION have entered into a Collective Bargaining Agreement, the term of which expires September 30, 2004 (Agreement"); and WHEREAS, the CITY and the UNION are currently engaged in collective bargaining for a new Collective Bargaining Agreement, the term of which is to begin on October 1,2004; and WHEREAS, Article 35 of the Agreement, entitled "SAFETY AND HEALTH" provides for a shoe stipend to employees designated by the City Safety Committee as employees in need of safety shoeslboots; and WHEREAS, in the interest of safety and risk management, the CITY and the UNION desire to enter into this Memorandum of Understanding providing that those employees designated by the City Safety Committee receive a one-time shoe wage allowance in the amount of$190.00 for fiscal year 200412005; NOW THEREFORE, the CITY and the UNION agree as follows: 1. The foregoing whereas clauses are true and correct. 2. Each employee designated by the Safety Committee shall receive a shoe· wage allowance of$190.00 to be used for safety shoeslboots. This safety shoe wage allowance shall be payable to each designated employee within sixty (60) days of approval of this Memorandum of Understanding, and this allowance shall be the only safety shoe wage allowance received by said employees for fiscal year 2004/2005. 3. The Memorandum of Understanding shall become effective as of the date it is ratified by both parties, shall be incorporated into the Collective Bargaining Agreement negotiated and/or entered into between the parties for the 2004/2005 fiscal year, and shall be effective until September 30, 2005. 4. Nothing herein shall be interpreted or construed in any manner which would preclude either the CITY or the UNION fiom bargaining any other matter not specifically addressed in this Memorandum of Understanding. MOU - Sboes (wbite collar) Rev. 03-08-05 1 __ ,·.""~"~>,~_~~".......,.·.~h . 4. AU other terms of the Collective Bargaining Agreement expiring September 30, 2004, are binding except where expressly modified herein or hereinafter by the CITY and the UNION. 5. This Memorandum of Understanding was approved by the City Commission of the City of Boynton Beach at its meeting of . 2005. THE CITY OF NCF&O, SEIU AFL-CIO, BOYNTON BEACH LOCAL 1227 (white coIIar) Mayor ~a.IÌ1~~ P S1 ent /~ /Á/~ City Manager Union Representative Date Date ~ (z%r ATTEST: City Clerk APPROVED AS TO LEGAL FORM: Office of the City Attorney S:lcallabor/MOU - Shoes (white coDar).doc b;\I 990\900] 82.bb\labor\mou - shoes (white collar).doc MOU - Shoes (white coDar) Rev. 03-08-05 2 MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding is entered into this 1JL day of ~ ,2005, by and between the CITY OF BOYNTON BEACH (the "CITY") and the NATIONAL CONFERENCE OF FIREMAN, OILERS, SEIU AFL-CIO, LOCAL 1227 (white collar) (the "UNION") for the purpose of modifYing an existing Collective Bargaining Agreement between the CITY and the UNlON. WHEREAS, the CITY and the UNION have entered into a Collective Bargaining Agreement, the term of which expires September 30, 2004 (Agreement"); and WHEREAS, the CITY and the UNION are currently engaged in collective bargaining for a new Collective Bargaining Agreement, the term of which is to begin on October 1,2004; and WHEREAS, Article 35 of the Agreement, entitled "SAFETY AND HEALTH" provides for a shoe stipend to employees designated by the City Safety Committee as employees in need of safety shoes/boots; and WHEREAS, in the interest of safety and risk management, the CITY and the UNION desire to enter into this Memorandum of Understanding providing that those employees designated by the City Safety Committee receive a one-time shoe wage allowance in the amount of$190.00 for fiscal year 2004/2005; NOW THEREFORE, the CITY and the UNION agree as follows: 1. The foregoing whereas clauses are true and correct. 2. Each employee designated by the Safety Committee shall receive a shoe wage allowance of$J90.00 to be used for safety shoes/boots. This safety shoe wage allowance shall be payable to each designated employee within sixty (60) days of approval of this Memorandum of Understanding, and this allowance shall be the only safety shoe wage allowance received by said employees for fiscal year 2004/2005. 3. The Memorandum of Understanding shall become effective as of the date it is ratified by both parties, shall be incorporated into the Collective Bargaining Agreement negotiated and/or entered into between the parties for the 2004/2005 fiscal year, and shall be effective until September 30, 2005. 4. Nothing herein shall be interpreted or construed in any manner which would preclude either the CITY or the UNION ftom bargaining any other matter not specifically addressed in this Memorandum of Understanding. MOU - Shoes (white collar) Rev. 03~8-O5 I .~. _.~~.~~------,... .'..> 4. All other tenns of the Collective Bargaining Agreement expiring September 30, 2004, are binding except where expressly modified herein or hereinafter by the CITY and the UNION. 5. This Memorandum of Understanding was approved by the City Commission of the City of Boynton Beach at its meeting of , 2005. THE CITY OF NCF&O, SEIU AFL-CIO, BOYNTON BEACH LOCAL 1227 (white collar) ~ /1) Mayor . ~{j. .·11ù-rL~ P SI ent /~ ú/~- City Manager Union Representative Date Date ~/z(J/or ATTEST: City Clerk APPROVED AS TO LEGAL FORM: Office of the City Attorney S:/callaborlMOU - Shoes (white coIlar).doc h:\I 990\9001 82.bb\labor\mou - shoes (white collar).doc MOU - Shoes (white coDar) Rev_ 03..()8..()S 2 VI.-CONSENT AGENDA ITEM C.12. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Fina] Fonn Must be Turned Requested City Commission Date Final Fonn Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City C]erk's Office o April 5, 2005 March 14,2005 (Noon.) o June 7, 2005 May 16,2005 (Noon) o April 19, 2005 April 4, 2005 (Noon) o June 21, 2005 June 6, 2005 (Noon) o May 3, 2005 April 18, 2005 (Noon) o Ju1y 5, 2005 June 20, 2005 (Noon) ~ May 17,2005 May 2,2005 (Noon) o July 19,2005 Ju]y 5, 2005 (Noon) 0 Administrative 0 Development Plans NATURE OF ~ Consent Agenda 0 New Business AGENDA ITEM D Public Hearing D Legal D Bids 0 Unfinished Business 0 Announcement 0 Presentation D City Manager's Report RECOMMENDATION: Ratify the action of the South Central Regional Wastewater Treatment & Disposal Board. EXPLANATION: On April 21, 2005, the South Central Regional Wastewater Treatment & Disposal Board held its Regular Quarterly Annual meeting. At that time, the Board took action on items that are now before the City Commission for ratification. This City Commission ratification is the confirmation process for the action taken by the S.C.R.W.T.D. Board. PROGRAM IMPACT: None FISCAL IMPACT: None ~~p~ City Manager's Signature City Clerk's Officee City Attorney / Finance / Human Resources S:\BULLETrN\FORMS\AGENDA ITEM REQUEST FORM.DOC SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD BOARD Telephone City Council Members of (561) 272-7061 (561) 734-2577 Boynton Beach & Delray Beach Fax: (561) 265-2357 www.scrwwtp.org ::~ ) ...-', , --'( TO: Ms. Janet Prainito ""--, City of Boynton Beach ~ --,"""'\ ,.,,-' N " r"~-~' C::) -'~- FROM: Robert Hagel/Maggi Woodall -..~. - DATE: April 21, 2005 ~ -=~~ ÇCJ _";. 1'1 ~,,- Oï:;:- c,·) ní:..-:. RE: RA TIFICA TIONS FOR SIGNATURE Attached are the Ratifications from the Quarterly Annual Meeting of April 21, 2005 which require signatures. Could you place these on the Agenda for your next Commission meeting? The Ratification for the Interlocal Agreement with the City of Boynton Beach has (2) copies attached which need to be signed by Mayor Taylor, the City Clerk and City Attorney. The Ratification for the Interlocal Agreement with the City of Delray Beach has a copy attached for your Commission and City Attorney's information. We only need the ratification returned for this agreement. Also enclosed are the Assignment Agreements for the golf courses, (2 copies of each) that need to be approved and signed. When you have all the signatures, keep one signed copy for your files and return the other executed Agreements back to us along with the signed Ratification. Please contact me at 272-7061 ext 11 or mwoodall@scrwwtp.org when the Ratifications are executed. Thank you. ·.··'""~"~d~"'_"_._;.¡..,_·· -'t .......J_-....._...;-.., I 1 RESOLUTION NO. R05- 2 3 4 A RESOLUTION OF THE CITY OF BOYNTON 5 BEACH, FLORIDA, RATIFYING THE ACTION 6 TAKEN BY THE SOUTH CENTRAL REGIONAL 7 WASTEWATER TREATMENT AND DISPOSAL 8 BOARD ON APRIL 21, 2005, AS SET FORTH IN 9 EXHIBIT "A" ATTACHED HERETO; 10 AUTHORIZING AND DIRECTING THE CITY 11 MANAGER AND CITY CLERK TO EXECUTE 12 SAID AGREEMENT; AND PROVIDING AN 13 EFFECTIVE DATE. 14 15 16 \VHEREAS, The South Central Regional Wastewater Treatment & Disposal 17 Board (SCRWTDB) requests ratification of the action taken by the Board at the Quarterly 18 Meeting of April 21, 2005, as set forth in the attached Exhibit "A". 19 NO\V, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION 20 OF THE CITY OF BOYNTON BEACH, FLORIDA THAT: 21 Section 1. The foregoing "Whereas" clauses are hereby ratified and confinned 22 as being true and correct and are hereby made a specific part of this Resolution upon 23 adoption. 24 Section 2. The City Commission does hereby ratify the action taken by the 25 South Central Regional Wastewater Treatment & Disposal Board on April 21, 2005, as set 26 forth in the attached Exhibit "A". 27 Section 3. This Resolution shall take effect immediately upon passage. 28 29 30 S:\CA\RESO\SCRWTDB Annual Meeting 10-21-04 Ratification.doc 1 2 3 PASSED AND ADOPTED this _ day of May, 2005. 4 5 6 CITY OF BOYNTON BEACH, 7 FLORIDA 8 9 10 Mayor 11 12 13 Vice Mayor 14 15 16 Commissioner 17 18 19 Commissioner 20 21 22 Commissioner I 23 ATTEST: I 24 25 26 City Clerk 27 28 29 I S:\CA\RESO\SCRWTDB Annual Meeting 10-21-04 Ratification.doc I RA TIFICA TION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION OF April 21, 2005 WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did on April 21, 2005 by a vote of 8-0 approve AUTHORIZATION FOR THE CHAIRMAN TO SIGN THE INTERLOCAL AGREEMENT FOR THE DELIVERY AND USE OF RECLAIMED WATER WITH BOYNTON BEACH. EFFECTIVE AS OF OCTOBER 1, 2005. WHEREAS, said Board action requires ratification by the City of Boynton Beach and the City of Delray Beach. NOW, THEREFORE, the City of Boynton hereby ratifies said Board action independently. The above action is hereby ratified in open session by the City of Boynton Beach this _ day of , ,by a vote. CITY OF BOYNTON BEACH By: Mayor Attest: City Clerk Approved as to form: City Attorney RA TIFICA TION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION OF APRIL 21, 2005 WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did on April 21, 2005 by a vote of 7-0, approve AUTHORIZATION FOR CHAIRMAN TO SIGN THE MODIFIED AGREEMENT DATED 03/16/05 WITH SOLID WASTE AUTHORITY FOR SOUTH CENTRAL TO PARTICIPATE IN THE CONSTRUCTION AND OPERATION OF THE BIOSOLlDS PELLETIZATION PROJECT. CONSTRUCTION COST OF $6,195,683 TO BE SPLIT 50/50 FROM EACH CITY'S CAPITAL FUNDS. WHEREAS, said Board action requires ratification by the City of Boynton Beach and the City of Delray Beach. NOW, THEREFORE, the City of Boynton hereby ratifies said Board action independently. The above action is hereby ratified in open session by the City of Boynton Beach this _ day of , , by a vote. CITY OF BOYNTON BEACH By: Mayor Attest: City Clerk Approved as to form: City Attorney ~"-'-"w. RA TIFICA TION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION OF APRIL 21, 2005 WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did on April 21, 2005 by a vote of 8-0, approve AUTHORIZATION TO SIGN THE INTERLOCAL AGREEMENT FOR THE DELIVERY AND USE OF RECLAIMED IRRIGATION WATER WITH DELRA Y BEACH. EFFECTIVE WHEN DELRA Y BEACH BEGINS RECEIVING RECLAIMED WATER. WHEREAS, said Board action requires ratification by the City of Boynton Beach and the City of Delray Beach. NOW, THEREFORE, the City of Boynton Beach hereby ratifies said Board action independently. The above action is hereby ratified in open session by the City of Boynton Beach this ~ day of , , by a vote. CITY OF BOYNYON BEACH By: Mayor Attest: City Clerk Approved as to form: City Attorney INTERLOCAL AGREEMENT FOR THE DELIVERY AND USE OF RECLAIMED IRRIGATION WATER THIS AGREEMENT entered into between SOUTH CENTRAL REGIONAL W ASTEW A TER TREATMENT AND DISPOSAL BOARD, with a mailing address of 1801 North Congress Avenue, Delray Beach, Florida 33445, hereinafter called "BOARD," and the CITY OF BOYNTON BEACH, a Florida municipal corporation, with a mailing address of _ , Boynton Beach, Florida , hereinafter called "BOYNTON BEACH." WIT N E SSE T H: WHEREAS, BOARD maintains and operates an area-wide Wastewater Treatment System which is capable of producing reclaimed water which may be used for productive and beneficial purposes for agricultural and urban irrigation in accordance with local, state and federal guidelines; and WHEREAS, the BOARD is a Special District created by Interlocal Agreement between BOYNTON BEACH and the City of Delray Beach for the purpose of treating wastewater produced by the customers of BOYNTON BEACH and the City of Delray Beach, as well as producing reclaimed water therefrom and distributing the same to BOYNTON BEACH and the City of Delray Beach for redistribution to their customers; and WHEREAS, BOARD agrees to deliver reclaimed water and BOYNTON BEACH agrees to receive and beneficially use this reclaimed water for the purposes set forth in this Agreement; and WHEREAS, local governments are encouraged to implement programs for the use of reclaimed water by the State of Florida; and WHEREAS, BOARD has determined to assist the citizens ofthe BOARD's regional area who utilize large quantities of groundwater by making available reclaimed water as an alternative source of water supply; and WHEREAS, BOARD operates a reclaimed water program approved by the Department of Environmental Protection. NOW THEREFORE, based upon the foregoing, the parties agree to the following terms and conditions: I. TERM OF AGREEMENT. COSTS AND METERING BOARD shall deliver and BOYNTON BEACH shall accept and use reclaimed water to fulfill their irrigation needs, produced by BOARD at the South Central Regional Wastewater Reclaimation Plant unless the flow is unavailable. Such water shall be delivered to location( s), hereinafter the "delivery point," as described in Exhibit "A." BOARD shall perform its obligations of delivery of reclaimed water and BOYNTON BEACH shall perform its obligation of acceptance of such water as herein provided. (a) This Agreement shall be effective until terminated by either party. (b) The BOARD will make available to BOYNTON BEACH up to fifty percent (50%) of the reclaimed water produced by the Regional Facility. (c) BOYNTON BEACH will pay to the BOARD a monthly consumption charge which will be adjusted annually effective October 1 of each year based upon the rate set by the BOARD. Notwithstanding the foregoing, in order to meet the fixed overload of the reuse system during the initial year of operation, BOYNTON BEACH, the BOARD and the City of Delray Beach each will need to guarantee a minimum purchase per mouth. -2- Accordingly, BOYNTON BEACH agrees to pay a minimum of Eighteen Thousand Six Hundred Dollars ($18,600.00) per month regardless of the consumption charge for the volume of reclaimed water actually received being lower than minimum purchase during the first year of this Agreement, with the minimum purchase to be adjusted annually thereafter by the parties. To the extent that the BOARD shall incur a deficit in its reclaimed water revenues compared to the cost of producing same, BOYNTON BEACH agrees to pay to the BOARD fifty percent (50%) of such deficit. (d) BOYNTON BEACH acknowledges that the BOARD has other large users of reclaimed water, which currently have contracts with the BOARD. The BOARD will supply its reclaimed water customers based on their contract priority and their beneficial use of the water should a shortfall of supply occur. 2. USE OF RECLAIMED WATER; RESPONSffiILITY FOR IRRIGATION SYSTEM (a) BOYNTON BEACH shall use reclaimed water delivered by the BOARD for irrigation or for other non-potable purposes in any manner determined by BOYNTON BEACH, except that use, application and discharge of reclaimed water shall comply with local, state, and federal regulations. (b) BOYNTON BEACH shall be solely responsible for the operation and maintenance of all portions of the distribution and irrigation system located within the subject property boundaries specified in Exhibit "A," attached herewith. 3. WATER QUALITY BOARD agrees that reclaimed water delivered under this Agreement shall -3- ,,_.. ... ~~_·Ù·~_.h_."._'.._~W·_~N_~·..."'--___~._.w.~,.,,"·. meet or exceed the requirements of Chapter 62-610, Part Ill, Florida Administrative Code and the standards set forth in Exhibit "B." 4. VOLUME OF DELIVERY The nonnal operating pressure range for the reclaimed water system is between 50 psi and 70 psi. The BOARD will make every effort to deliver reclaimed water at a minimum pressure of 60 psi at point of delivery. Should BOYNTON BEACH wish to alter the reclaimed water operating delivery pressure, it shall be BOYNTON BEACH'S sole responsibility to furnish and install a pressure reducing vaJve or booster pump on the property side of the meter service. Reclaimed water shall be delivered by the BOARD to only one delivery point as mutually determined by the BOARD and BOYNTON BEACH. BOYNTON BEACH will be responsible for distribution on its property beyond said point. BOYNTON BEACH hereby provides a license to the BOARD to enter on BOYNTON BEACH'S property for the purposes of access to monitoring wells, if applicable for inspection, and to detennine compliance of the use of reclaimed water of the distribution system. The BOARD will, at its expense, construct, operate, and maintain the transmission lines to the delivery point. BOYNTON BEACH shall not request more reclaimed water than can be beneficially used by BOYNTON BEACH. 5. DELIVERY OF RECLAIMED WATER UNDER ADVERSE CONDITIONS ( Unforeseen circumstances may necessitate modification of normal delivery ofrecIaimed water. If BOARD'S system or BOYNTON BEACH'S transmission or distribution system fails for reasons or events beyond either party's control; then, delivery of -4- reclaimed water under this Agreement may be interrupted or limited in quantity. The BOARD (ind BOYNTON BEACH shall make all reasonable efforts to make prompt repairs to its respective system. Each party shall be obligated to the other to provide immediate oral notice of such failures so that alternate systems may be put into operation as soon as possible. Nothing in this agreement shall require the interconnection of the South Central Regional Wastewater Reclaimation Plant to provide additional flow to BOYNTON BEACH. 6. TEMPORARY SUSPENSION OF DELIVERY The BOARD may suspend delivery of reclaimed water should the quality of the reclaimed water exceed any ofthe parameters for water quality shown on Exhibit "B." Nothing in this Agreement shall prevent BOYNTON BEACH from keeping a permitted backup supply to replace this reclaimed water should it become unavailable for whatever reason. 7. OPERA nON AND MAINTENANCE PRACTICES BOYNTON BEACH will apply reclaimed water in accordance with all appropriate local, state, and federal rules and regulations. Irrigation practices are to be limited to those areas pennissible by the Department of Environmental Protection and identified in Exhibit "A" of the Agreement. Reclaimed water irrigation systems shall protect human health and the environment; which includes, but is not limited to, the following: (a) BOYNTON BEACH shall install Reclaimed Water advisory signs as appropriate. The signs shall be installed and properly maintained by BOYNTON BEACH around sites utilizing reclaimed water to designate the nature of the water and its non-potability. ill compliance with applicable rules and the following items: -5- Property access points Along road rrontage Along adjoining residential usage For (Spanish) speaking employees - use sign in Spanish For golf courses - sign at first and tenth tee (b) BOYNTON BEACH will take reasonable precautions to clearly identify reclaimed water irrigation systems to prevent inadvertent human consumption. (c) BOYNTON BEACH shall ensure that no cross-connections are made between the reclaimed water system and other water systems, which includes the installation of back flow prevention devices on the potable water system; and on existing wells that are to remain connected for either potable water usage or for irrigation system purposes. The installation of back flow devices shall adhere to BOYNTON BEACH'S (use), as amended. BOYNTON BEACH shall be responsible for ensuring the installation of the required backflow preventing devices. (d) BOYNTON BEACH shall take reasonable precautions to infonn its employees, agents, residents, and invitees of the reclaimed water system, to prevent inadvertent human consumption. In addition, if applicable, BOYNTON BEACH shall infonn all existing residents and new residents regarding the proper use of reclaimed water. (e) All costs for operating and maintaining BOYNTON BEACH'S irrigation distribution system shall be paid by BOYNTON BEACH. 8. MONITORING (a) BOYNTON BEACH shall give its approval to the BOARD to conduct soil borings and locate monitoring wells, if applicable, on the property in areas agreeable -6- to BOYNTON BEACH so as not to interfere with BOYNTON BEACH'S operations. These monitoring weHs shaH be instaHed and sampled at periodic intervals by the BOARD, at its option. (b) The BOARD shall be responsible for all permits to install monitoring wells and responsible for abandonment of the well should it no longer be necessary for monitoring. 9. EXCUSE FROM PERFORMANCE BY GOVERNMENTAL ACTS If for any reason during the term of this Agreement, governmental agencies shaH fail to issue necessary permits, grant necessary approvals, or shall require any change in the operation ofthe treatment, transmission and distribution systems or the application and use of reclaimed water by BOYNTON BEACH, then to the extent that such requirements shall affect the ability of any party to perform any of the terms of this Agreement, the affected party shall be excused from performance thereof and this Agreement shall be amended by the parties hereto in conformity with such permits, approvals, or requirements. If continued performance of the Agreement is not possible, the Agreement shaH be terminated. 10. TERMINATION OF AGREEMENT Either party shall have the right to terminate this Agreement upon sixty (60) days written notice to the other party. II. DISCLAIMER OR REPRESENTATION AND WARRANTIES The BOARD does not represent or warrant that the reclaimed water delivered shall increase the productivity of the land described in Exhibit "A" nor result in changes of any kind to the land, crops or vegetation. -7- 12. NOTICES All notices required or authorized under this Agreement shall be given in writing and shall be delivered by U.S. Mail or by hand delivery to the party or parties, addressed as follows: City of BOYNTON BEACH Boynton Beach, FL 33444 With a copy to: City Attorneys' Office Boynton Beach, FL 33444 South Central Regional Wastewater Treatment & Disposal Board 1801 North Congress A venue BOYNTON BEACH, FL 33445 With a copy to: Robert W. Federspiel, P.A. Spinner, Dittman, Federspiel & Dowling, LLP 151 N.W. First Avenue BOYNTON BEACH, FL 33444 13. INSPECTION The BOARD shall have the right when reasonably necessary to allow BOARD employees or agents to enter upon the subject property to review and inspect BOYNTON BEACH'S operating practices, to inspect meters, irrigation equipment, monitoring wells, potential cross connections, flowage, and the like, as they relate to this Agreement. -8- 14. HOLD HARMLESS To the extent pennitted by law, BOYNTON BEACH shall hold the BOARD, its agents, employees, assigns, contractors or subcontractors hannless for any damage caused by the BOARD'S inability to deliver water to the delivery point or for damage which occurs as a result of the quality of the reclaimed water so long as it meets the standards outlined in paragraph 3. 15. DISCLAIMER OF THIRD PARTY BENEFICIARIES This Agreement is solely for the benefit of the parties hereto and no right or cause of action shall accrue to, by reason hereof, or for the benefit of any third party not a party hereto. 16. SEVERABILITY If any part of this Agreement or any application thereof to any person or circumstance is declared invalid for any reason, then such part, section, subsection, or other portion, or the prescribed application thereof, shall be severable and the remaining provisions of this Agreement, and all applications thereof not having been declared invalid, shall remain in effect. 17. APPLICABLE LAW This Agreement shall be construed according to the laws ofFJorida and any action regarding this Agreement shall be filed in the Fifteenth Judicial Circuit in and for Palm Beach County. 18. EXHffiITS AND ADDENDUM This Agreement incorporates the following exhibits and addendum which -9- -'-'-~'..~ .."..-,.;.".,,-," are specifically made a part hereof Exhibit "A" - Legal Description of Property and Map ofthe Property Exhibit "B" - Reclaimed Water Quality Parameters THIS WRITING (with Exhibits "A" and "B") constitutes the entire Agreement between the parties and has been entered into voluntarily and with independent advice and legal counsel and has been executed by the authorized representative of each party on the date written below. Modifications to and waivers of the provisions herein shall be made only in writing by the parties hereto. SIGNED AND SEALED this --.LL day of April ,200L. SOUTH CENTRAL REGIONAL W ASTEW ATER TREATMENT AND DISPOSAL BOARD ByL C_ ~þ~ . Printed Name: Mu ire. Ferguson Title: C h air per son ATTEST: By: Printed Nam' : ~c>'o".-\- J ~'Y \ Title: :¿ì<. 0",... ,!..~ø.- Approved as to legal fonn and sufficiency: -2~ f- Robe~. Feders~P . -10- CITY OF BOYNTON BEACH By: Jerry Taylor, Mayor ATTEST: City Clerk Approved as to legal fonn and sufficiency: By: Printed Name: Title: -11- '; \1"r'ìE..1~\,[lFIrOY\ 117J1\'od\1 ¡r~URES\prmJJ 1- f IG dwg. OJ/2, /LOO) 09. 0/: 20 f..,M, HF De~LIt-1 I2:¡OC Prinlerpc3 :~:,-~, ¡;;.:j:,"_:,> ,.·.I···~! 11'1 i! !J'~:i 8~". f-. T:!~,E;I~il,~~t£8 . Hj;rj3U,Q Ii co; .1m'......"'"fµj·ì{W~r(hii'¡J3'~~ 1':L-~·.i.. \.~.. ~.~.~.·.~ì,~;rf11'..... '~., ·.'111f:,5Lk~:Qi}.!m TO~jcL .;III':~.'~. ! i..:!"'.~."j>.l·ld.,.,,~j~T~.~è:ID~ 1. ¡~'~11 \ l..¡..~·l¡t~.J;. . , 'ï ,·-·-.1 " ,.,-. r¡ IIJ1 ,. 'I",' ¡'.'4 ..... . . , ~, 1'\" . ; -. "--==='. '.' !W"_'~'l; il=- I, I! . ~ '11'j~' I -IC>'::} ~l . ~ '! I --'lll·l=:.= t-"~"Il<c"=-If:A"" ~~..J.~,.c:X~~li~;,:~,,:!~~"_Tl.:,· .....~.¡ 8IT 1"11\ í í ' I .,' ""'--,,{:::;: L·-~ - I i ~ ~In h=:fCII: ~~.;- 1 H· !jl~~" . ' ;"1 -- ~--, --.~- I " -_~ ' - 1£ L_I~ c.d ',-- ---' . _ , ---.:..~ ¡ ,'r-:: N- x...t/o L ._~. Jl~ gl, . \ :>____i~~. '_..¡ ~, - '<W...'"",, ...'.'~' .'':: ~~ s2:M .~..:~.:'_.I.I[¡~.'. - > '. ~íll' ru¡~lh-,-j \. I II !' '-- ! _ _! ~=~ 'c. _ ,"""," r r . /1,\ r,i..c: I 1_~. l'j '-'I~--'~'<--~ r --:--1'1--~~~-: \ lA~l-ANA RD! >-- Ii.! Ai -'1-':-. _ _,~Oj',-:: ~~ L~~~- -,:¡ - >; l_' r':¿ , I'.... I! ._![, ' ,~RÐI2 I 1m ". >~..'. ../, . r. . ~ P. '[!¡if'.. _ I . ~R= 1-1614>", ! \J ; .IIW·~ -, ,~ - ~ I J I W lAN1ANA R6~1;;12' V1 I!; "J. I I. .1 - T. : :ng.~ ·.fe . .J ".' J~ \ 1.......\.;:. """'. '~.i= \ J, ~. .~þ..,:=t,>..L....±!. . : \ I¡j 'lc=ò.--&icL 'IcY.. 1-- T.c \ .::E. ~,¡:..," "'c' r:A .' . -==--- """":~=' i!lJ!U:pi:.J~ma~.hl·. ¡- .,; ª -~=-r J I <l!!:]@óí""""o>,:,'-;;;;- ~ fRlD. Id[~¡::_~ 1-'~..in·II·~I¡~·tfMn ' ~. ;:g{~ 115-i\=.j: I' \·.u.·.' ,=-.,,, I .EI.¡lIi1ij'\1 l!:j>J~, \ -- -- - Ii : -::. HYPQIUXO 1m ~~ :t=tJ..L.:-~ \ 'J ,'.0 ...-{ì.; I f-.j...LI T\ ~\\..-CI I ~ I)· ¡ ,- I . I I".!J r'~,ß-¡ = ~.~ I,~ _ J Y" ",..~Liuc,! -;-.~'""" --I "'TI II :~- trb!\;~r~lft,r~ ~ "E',]~: ~ . , "L..Jf·~': " ,---. .~..,. ,"3~ 1~;li J!j I I, I';" Jt^ ~í'*""" f=:".,. t· L· ~. '- ._ __ -.._ J-'.- ¡ ~ j IJ I~L I _., ~ _ _ ..... ~. ~/ ':Q~fW .- '.). '=:J~ AI <~ r;h ~ 1= cd. ~liII'~" 1 r ~, .~.,. ,~II G" ~ ~ . ¡,,--.,.,'Ul, 5 I I k ~'Ij·,-. ;,j ~~~.... ~L- _ 17~.ì ;-,~ (I .' t ì .' .. 'f. \fc II,' .... .o-~! '..2:':¡~' ~!c-- I \ i IN.; '- ~II -iI'~,II!" ~ , .... <II "d'.', '}~' I . , J!_' 1['11.': ~.- ~ .-- - >d ~'<:! -:c-I.J ,I' gDb ~T- ! l JlJìillÆL~ Rdm""lolon '" } - ,j Ht-tft ",". .~.. \ -~ &' \':=n _ :- -E I~~ ~.' " J.1i11Hi¡li 2J1r;;,,~ tilL. Qlj I ?"i~t~ ~ ~ _ ' , ~....eel T . (liT-fjjjj1+¡¡I¡:;±±:I=l-f':'.plf1[l·' !Jlü. c'...'¡.~J ""C"""t:-,~ -, /'-- ~!.:UlJ ~- í-~"'----I l..!::::'::¡ \ --:-- / .=== . 11l1li'-' '. leìl =F~'-'" QJ. 1.' . ...'~ I, I ItvCøn"l , -; ! _~_1 J=:::11 " I_--,...=¡ . , ~. t. - ,3 I .1.. Y ~J= IOYNTON "I "" ~ J~ ~.,- ¡J ~ < '-".;:. =-~ . HØ~ s "VJÇ~AIIEAL-i,~ __ jl'2:;;:ŒJH,Î , 1~'"111 ! .~~'-l ... I 8.£1'\1'~ _ ~1'"""'.· I· "";1,'k:,~.:...'.,.~.~:n ¡:¡1II1111.11. .e. ~..R'.........·l~-t...¿-'. .' a.ffi-·.t.!f'.-.. ~'.'" - I - _ - I~ui I) x~ ~i;;' I ¡ rêllll cä=J" = ~~. ~ "" - -I, L H"~ :t-,,_t11 .0::: ¡<,~ co \ --LJ -. ,--I' ' g""1" f;-< ~ I.' I \ . ~) .. _: Jr-~'cD. c' J .~JOIII!II '0~/ihi ~ .. IT ~ .~' \ L .-.-'--- -~ 'I":¡, J . -:,¿~\] ¡;¡ . I. ¿ '1-. . _ ,; ~ '. - - 1~26 C<ir>rJ - ",nrulm! Rri, . .~ - - .....t. - I WOOlBRtGlff;nn ,. , , ..:,.,; . .. lOê' 'co c..'k~::J~i<-) I' ':'Ul~l' I ~ . .lJ "'.".1 .,,'~ .I(.'¡'Ç!~'" ~-"C ~ yIT}..).).....'..',.....B.. '~"''''.' ,';0 ",....;(t,. "'~;)§.;~:.~ ".... JÀ';Ù.·.'... ..¡II.,...~. . -"~.' ' . >', !,F··> ·'.r,"';'.",F<'>[i"1,~}~~1igk- lillî .,UAc '41" J' . ¿ . ./.......... ~." '. 'W~ J.:r:.~/~' ¡'b 1iI '" ......, I.,', '. .,. ",' þj¡ ~I M~ 0 1 ~- t-16Cø<>r11 ~ "_-- -f ilk ,Q . ' _I ( .x f ~ . .. .1.1 -1 ---1 I '.,.¡~ Ui'lli I; ( h-J+L,ill ' r I ~ I I llilill~, ..--e' .Ii. ~..:ïi+!~l~ '.. I ~ I "'''-. I" C .........J.;-- ;_J_þ,~j ð t,--· ~- . s- .. " I~' i~ ~" '...,'""",..... ~ . III ¡gÞ,..... , 1 . .. , I ,'~ '00' ':~=~=U_,d ;,~7ì' ~;¡ ",::¡;: h! $O~ TH C TRA REGIOtl AL r " i c=L. =L ~¡ ~ ; _' ~ rJ ~ I'~ ~. -? ~ , E;~l.JrREA TME .~F~,C1B t. y;,."'=-.~.··:~;:·~;~l~~þ@llf. 1 i ¡rJJJ ~~', +- .JQ ~ ,I ¡ 4-Jí.(~..,.!;.. '.... ...~ ..LŒ.. I .J 111J:L..':".cTII~~;£¿,;,;¡., r~ . .ìT. ~p,. i', I TOj h')"~ Slif, , '1J; ¡I 1\ '. _ ~f I ~ ~. -+-- r . ...., _ I II'IJ >",-,.' - - Jli16tkllJ~r 4!1' J '''.' " ~ ~ \.~:>:~¡._' 1-.lJCØN1I )\,' . 1" ".J'i: - . - ---- - -:í=-l -::;v OJ r 'iê +- i . -~·:""..·c.,.·~·.'·.!"'..¡"·'I.L1-' ."1/ '.'::¡ .....+-n¡, .0 ,,_~ .1' +,j , < ì . . I ,,:=J::cj.. 1:1, I SJ!. 1Ii6- ,,'+' l' I ...:::..-._~-_~ ~"J.: ·llr ""::,·.t--·,í. t _ _ "" (.:. - - . \ \. -'"'",.IICi.,,,,~J\'ë·.1""i7 'I- f'\Ç¡ d. Of " I f H::r-dJ '-"'/-" =þ \12. '*. "¡I - -l"'C! H- ~j 1 ~ l~ ~>;j .-' . . - ¡ ~.' ~I l-JH-.r .."11-'....::= 9t ~:; t .,' ~IC.·.IT.. Y.O. . ...'E····L·R'A·· ~. TrrC[...ry\';~=i=T· .." . ',:J ~ ".qI.\!...'fIL. I ~ ~ UI I I ,II, v I b_' .:f -.:t;' ", 0 --\øÈÀ¢H $ :RVI<:E '.~. u~, " '4, "" ill ~jt..£ri, '. r 7- ti:' I . I. \ -. -j l-J',"",.' I ~... '--w ''''''11.'''.' .. ~." 'f'" . r.J.. . '..'.' ~,-' . ~ . __L..... -;n'--'h ~.JII \lu . r.. t ~ ,J(Jl~I. ;~~ ~. I }-N;~ Sl.,,;,j LJ =1. L ;·.1 I, "~1~::; I I rL· ~". \ .loíii ~-I . ,ê I I q~ k :~ I· ""7~ ~"~--- - 1-., _~- ,\'.l ,I 1 .f=L.::.L,; ,~ -----1- <~ ,__. I I ¡, "rø..I . I y <\ !g _..."_.... '. "~I ,-;; : "'1 ,.: I :=:"~FI" ~~.: ·I···~rlr :,:;;;;~ A. .(Ç I í- x..-,· ..' \c- ....' ..c- --< '..-I .~ '. l' I'.. ~ I R ,"'-< 'r/) "éJ-~<~:I\ '---- l/ ._ ',í.~ r~ {:ç.~<·"<c~...:.1 ~ ~ ,þ' >-' ~ ~ . I~<. ,-'¡", '¡,,- I ~" "', ". ...:.:~_..!....j~=-,."T7!J/ ~ II ;)Hc.' ¡,.Çd.;'=: I·;·' 1.'1' ..... r:.. /-' \ I ì 11 . -1; í ~-T¡¡¡l:¡.¡jD/ ~ \L, ,J;¡: ~ c,,'íõ1( =r ..... 'í'-_C~'; \' q L '!_f--- . C:=- h Lf~ I,.J,Ç.J ," ! 1r!fZlp ~ .Ii ~ ~I *.'··.~..I ¡Ii. ·'·-r-,-,-.. cS; ·-T-:L----.::----IL--- ..1 \ .~'.~~ ð ~',.I' ->- ," ---'. ," I'-C::= '-"~" ..:,.L. ...:.","c. . ., II (' ',I j I .S -1 I. J I j J 1:- !1î_ ~ ..?pUTI-f,}}Et{TRAL .REGIONAL . . . ' "'= """" ..... c: ASTEWATERTREA TMENT F AGlUty æ? MATH EW S . !iii GOlf COUR'.[ ''-;';''~' ;..~~(;~IMÊD'NAltltSÊRVlêE AREA .. CON~TING INC. (11::,5;::~;)!!III WA1[R '. ,"" ~."T ..;.,'~._'.."--.. "'."_ .;B.nfo..II::JIII..t&.lI.~"u CANAL VI.-CONSENT AGENDA ITEM C.13 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 o AprilS, 2005 March 14,2005 (Noon.) o June 7,2005 May 16,2005 (Noon) o April 19, 2005 April 4,2005 (Noon) o June 21, 2005 June 6, 2005 (Noon) o May 3, 2005 April 18, 2005 (Noon) o July 5, 2005 June 20, 2005 (Noon) ~ May 17, 2005 May 2, 2005 (Noon) o July 19, 2005 July 5, 2005 (Noon) 0 Administrative 0 Development Plans NA TURE OF ~ Consent Agenda 0 New Business AGENDA ITEM 0 Public Hearing 0 Legal 0 Bids 0 Unfmished Business 0 Announcement 0 Presentation 0 City Manager's Report RECOMMENDATION: Accept the proposal from c.R. Dunn Inc. to furnish and install 32 square concrete poles with four IOOO-watt metal halide fixtures at the Tennis Center around courts 1-10& 13-14 at a cost not to exceed $215,120.00. EXPLANATION: The Tennis Center at Congress Community Park was developed in three phases. Phase I, which included courts 1-8, the Pro Shoplbathrooms/locker rooms and parking lot, was built in 1982. Phase II was completed in 1986 and included courts 9-10, 13-14 and 17-21. The fmal phase included courts 11-12, 15-16, and was completed in 1996. Exposure to natural elements has deteriorated the integrity of the fencing and lighting to the point where they need to be replaced at courts 1-10 & 13-14 (exhibit "A"). The existing metal light posts will be replaced with 30' above grade concrete poles. Staff believes the lights on courts 11,12, 15,16, and 21 is in good condition. Lights around courts 17-20 may have to be replaced in future years based on further analysis cf condition and use by staff. . The Recreation & Parks Dept. is working in conjunction with the Engineering Dept. to administer this project. PROGRAM IMP ACT: The replacement of the light poles will have to be coordinated with the replacement of the fencing. It is projected that this project will take between 5-6 weeks to complete. Based on acceptance of this proposal from the Commission, we will notify penn it holders and daily users that we expect that activities related to this project will require the closing of several courts to provide the necessary area for mobilization of equipment. FISCAL IMPACT: C. R. Dunn, Inc. is currently under and annual contract for Recreation & Street Lighting Installation, Repair & Maintenance with the City of West Palm Beach (Bid #01/02-48). The City is "piggy-backing" the City of West Palm Beach's contract, which ensures we are receiving competitive prices. $305,000 is available for this project in the Capital Improvements Program budget, account #302-4212-580-63-05. The original estimate for this project was $200,000. AL TERNA TIVES: Do not replace the light poles. ~~ /'" -----.-- // ------ Dep~t Head's Signature City Manager's Signature Recreation & Parks Department Name City Attorney / Finance / Human Resources S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC 1 2 RESOLUTION NO. R- 05 3 4 A RESOLUTION OF THE CITY COMMISSION OF 5 THE CITY OF BOYNTON BEACH, FLORIDA, 6 APPROVING THE "PIGGY-BACK" OF A CITY OF 7 WEST PALM BEACH CONTRACT BID#0l/02-49 8 WITH C.R.DUNN, INC., TO FURNISH AND INSTALL 9 32 SQUARE CONCRETE POLES WITH FOUR 1000- 10 WATT HALIDE FIXTURES AT THE TENNIS 11 CENTER AT A COST NOT TO EXCEED 215,120.00; 12 AND PROVIDING AN EFFECTIVE DATE. 13 14 WHEREAS, upon recommendation of staff, it is the City's desire to accept the 15 proposal of CR. Dunn, Inc., and "piggy-back" a Contract with CR. Dunn, Inc., utilizing 16 City of West Palm Beach Bid(#O 1/02-49) for the furnishing and installation of 32 square 17 concrete poles with four 1000-watt metal halide fixtures at the Tennis Center around 18 courts 1-10 & 13-14 at a cost not to exceed $215,120.00; and 19 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION 20 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 21 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed 22 as being true and correct and are hereby made a specific part of this Resolution upon 23 adoption. 24 Section 2. The City Commission of the City of Boynton Beach, Florida, hereby 25 approves the proposal of CR. Dunn, Inc., and "piggyback" of City of West Palm Beach 26 Bid #01/02-49 to C.R. Dunn, Inc., in an amount not to exceed $215,120.00 for the 27 furnishing and installation of 32 square concrete poles with four 1000-watt metal halide 28 fixtures at the Tennis Center around courts 1-10 & 13-14. 29 Section 3. That this Resolution shall become effective immediately. S:\CA\RESO\Agreements\Bid Awards\Piggy-Back WPB- CR Dunn.doc 1 PASSED AND ADOPTED this day of May, 2005. 2 3 CITY OF BOYNTON BEACH, FLORIDA 4 5 6 Mayor 7 8 9 Vice Mayor 10 11 12 Commissioner 13 14 15 Commissioner 16 17 18 Commissioner 19 20 ATTEST: 21 22 23 City Clerk 24 25 (Corporate Seal) 26 27 28 S:\CA\RESO\Agreements\Bid Awards\Piggy-Back WPB- CR Dunn.doc c. R, Dunn, Inc. Electrical Construction . 1202 Pepe L.De I Lake Wortb~ Fl33460 (~6)) SSS 2155/ fu (561) S85 ]1.13 [C 003).97 EC 0001144 PROPOSAL ^ - ~---------....--_................. To: City of Boynton Beach Þ4t~. January 2?, 200~; Alln Mr. Bob Howell l'mjoct; Congtess Park Tennis Facility Wo wbtTdt the f<>JO\01J1f prQpJIIIJ lII)'w OJU ~J't~Ud ...ioI. «he inbmalioo III thi& propoSBJ 15 ..... I~ bo ~",ed with UI) OÚIt' porsoft wllhottl our MIllon l*MÌ~dQlI. Pro""",,1 ~~ !I) t~e l'!.>Øo~. pla11' Þd ....,ilialt¡o)~" Fumish and Îrulte1l32 square concrete poles with four 1000 watt metal halide fJXtw-es each to light eight sets of double courts. The poles wiß be 40' abovt: gradtJ. Thís proposal indude8 electrical perrnît, and mgned and sealed wine: loads and photometrics, Permit fee is not included. Photoroetriçs wit) be verifið<f with H¡ht meters after in8tallatioo. The actual waItage per court wíH stay the same as existing so the elE:cttrical servìce will notbaVtl to be upgraded. W~ win make changes in the control panel so that two com:! are co:atroUed toget.bcr ¡Ùongwith associated mane plates, etc. This proposal also includes remoVÍDg the existing above grade junction boxes ûOln the existitlg poles. All boxes will be flush on grade. Where the junction boxes and cxi$lÌng Hghts C'OI'I')e up through concre1e walks, we will remove a 2' x 2' square aOO pour new concrete. We will reroove aU f1Xtur~ and dispøse. We wilJ remove all po~s thai are not pqrt offu;: fencînglbac1cstop, Existing poles ín the center between two COU1tS will be œt offbelow grade. Concrete below grade will be left in place and covered. Lump Sum S218,320.00 Note: We will make ev(1)' e1furt to protect surroundíng property, however bœvy equipment may damage or crack the sidewalks and leave rut". We wiIR ~ot bé" responsibJ/: fur repair because there is no way to estimate potential damage. All )ft.be~xistìng . backstop/fencing is to be reJ)1Oved by others. < .. ---. C.R. DUNN INC. . ............,..., ... ....... ............... ~................... ...................... ...... ~ .............,.. ........... ~......................... ....... ........~. þ'-~~...~ '.'-þ~~ -- -~'" ........ ,.~.... ..... - . ~. ~ 1202 Pope; Lane /take Worth, FI. 33460 / (56J) 5852155/ .fux (56!) S85 JIJ3 EC 000]097 EC û001I44 ApriJ J 1, 2005 Mr. Bob Howell Boynton Beach Recreation and Parks 3J J J S. Congress Ave. Boynton Beach, F1.33425 Re: Congress Park Tennis Lighting Dear Mr. HoweH, You bave asked me for more information on three issues. The purpose of this Jetter is to respUil' to your questions. l) Can we mount the light fixtures at 30' above grade'? The G.E. lighting n.:p Sàys yes we cak. ¡h~ quaJity ofJjght spread ill better at 40' above grade, however the Jighting wHI still worK:. To go with square concrete poles 6t 30' above grade deduct $3,200.00 "om the quoted price. 2) What is the cost to use round concrete poles? To provido 30' above grade mounting heigh¡ with a spun concrete Ameron pole. your choice of standard colors aod anti..graffiti coating w~~ tl, ¡ add $12,987.00 to the quoted price. These are top quaJity poJes and wouJd be worth tbe oxpenst> if it is within budget. I will get you some títerature. 3) You need a breakdown according to our contract with The City of W~;t Palm Beach. Poles and Fixtures $97,672.00 MisccJJanews Materials $29,273.00 Foreman @ $38.001hr x. 325 MS. $12,25C.OO Journeyman @ $35.00/hr x 975 hrs. $34,125.00 Apprentice @ $25.001hr. x 650 hrs $16,25G.OO Crane @ $125.001hr x J 20 hrs $15,000.00 Bucket Truck @ SJ5.001hr x t 85 hrs $6,475.00 Auger Truck @ S35.001hr x. J85 hrs S6,475.00 PoJe Trailer @ SW.OOIhr x 80 hr8. $!OO£I-º T otaJ Price $2J8,320.00 3,:1.oD.- J hope this answers aU your concerns. PJe4iSe call me if) can be of further assistance. ~G~ Charl8S G. Fitcb, V.P. C. R. DUNN INC. ~..... . ........ ... -.... ........ -.." ........ -........-...... ............ ...................... .......... .... .............................. -........................... .... . . .,.. ................. ... .. ........ ....... < .... ..,........ . -.. .. ... . -.." J202Popc Lane/Lake Worth, FL 33460 I (561) 585 2155 / fa\{ (561»85] r:3 . EC 0001097 EC 0001144 April 26, 2005 Mr. Wally Majors The City of Boynton Beach Re: Congress Park Tennis Lighting Dear Mr. Majors, In the breakdown of costs addressed to Mr. Howe]] on April 9, 2005 I hwe IÎsl¡:d 975 hour~ rJ¡ journeyman and 650 hOllrs for apprentices. Following is an explanation of the:;e hours. An existing branch circuit wiring is attached to poles that are to be remo<,¡ed. These need to removed, the wire pulled out, the conduit coupled up and new wire instal1ed p ole to pole. T! j ¡~ portion of the job is estimated to require 320 journeyman hours and 16C é..ppnntice hours. There is demolition of a1l existing fixtures and disposal. This portion is estimated to requin j /8 hours journeyman and 128 hours apprentice. The existing lighting controller has to be rewired to accommodate the tlew lif:llting corifiguLi!!m This wiJl be done with 80 joumeymanhours. There are several areas where the concrete has to be cut out in order to recon1îgure the wirillg This w jIJ require pouring back sections of side walk. This work is estimated to require 100 h,)¡ Irs journeyman and 100 hours apprentice. The balance of the time listed ¡ffor setting the poles. installing the ne\\> fixtmes, wiring thL poles, and cleanup. J hope this answers your questions. (1Z:46~ Charles G. Fitch V. P. " ., ORIGINAL ) :ST PALM BEACH )R RECREATION & STREET LIGHTING -------.0_ . N, REPAIR & MAINTENANCE and entered into as of the CŸ8~ day of between the CITY OF WEST PALM BEACH, a municipal e address is 200 2nd Street, West Palm Beach, Florida ., a Florida corporation, WhOSE principal address is 1202 'Contractor"). 'VITNESSETH: tation to Bid #01/02-48 pursuantto state andlocallEw to r and maintenance of recreational and street !íghtin;:¡ on itation to Bid, Contractor sub~nitfed its Sealed Bid (the best value to the City; ,n ~ç the promises and mutual covenants and obligations 1 ld conditions herein stated, the parlies hereto e materials, supplies, equipme'1t and labor necessar¡ to nlíke manner the services to be provided to the City by :luding: s set forth in the Invitation to Bid which is herEby rm the instaJlationand/or removal, replacement a ld :irk lighting, walkway lighting, parking lot and facilít¡E~S, e "Services"). The Services shall include all related ~ontrols, 8$Sembly, insta/Jatícn of all types of poles, , receptacles, breakers and service connections. ) the Services, it may be required to directional bore, below ground, demolish anc" replace concrete and and replace landscaping and other requirements shall arrange for City inspection of work performed. III matters set forth in this Contract; , at its own expens~, all necessary licenses and y to perform the Services and maintain the same in e ~ pennits shall b~ reponed to the City within te 1 < ., ,2103 -1- - (d) The Cíty will supply materials such as light poles, luminaires, lamps wi 'e and conduit The City reserves the right to purchase and provide any and all material fa, a specific projed. (e) All materials and Services shall be in complíance with City, Palm Beach County, State of Florida and Federal regulations, codes and standard~;, including the most recent National Electric Code. 1.2 The term "Contract" shall include all the terms and conditions set forth in the Invitation to Bid #01/02-48, the Bid, and this Contract document Contract an of which taken tOf¡ether form the "Contract". Unless the context requires otherwise, all references to "this Contract" ar.d use of the terms "herein", "hereby", "hereof," "hereto", "hereunder", and the like shall be deerred to include the Invitation to Bid, the Bid. this Contract and any addenda thereto. 2. Controllinq Provisions. Except as otherwise specifically provided herein, in the event of any conflict between the specific provisions of this Contract, and the requirements or provisions of the Invitation to Bid, the provisions shall be given preceden.::e in the following ordl~r: (1) this Contract, (2) the Invitation to Bid; and (3) the Bid. Wherever possible, the provisio 1S or provisions of the documents shalf be construed in such manner as to avoid conflicts between provisions of the various documents. 3. Term and Renewal. 3.1 The effective date of this Contract is October 1, 2003, shall continue and remain in full force and effect thereafter for a period of three (3) years, unless terminated earlier as provided herein. 3.2 The City shaH have the exclusive right to renew this Contract for one (1) additional twelve (12) month period. Options to renew will be only exercised upon a written Contract amendment executed by both parties. The Rates set forth in Section 8 shall remain in effect fer the initial term. Fees for any renewal period will be negotiated at the time of renewal, but shall not exceed the increase in the Consumer Price Index for the previous year. Þ-.ny renewals will be subject to the appropriation of funds by the City. 4. Service Requests and Emerqency Response. 4.1 Contractor shall provide a 24-hour/ 7 day per week telept one answering or be,~per service to accept and record service call requests from the City. Request:; deemed by the City 10 be and emergency shall require Services to be commenced within two (2) hours from the time the call i$ placed. Contractor shall be avairable to perform Services 24 hours per day, 7 days per wee., as requested by the City. Non-emergency or standard Service requests shall be commenced within twenty-four (24) hours from the ·service request call is made; however, unless the City authorizes premium labor rate for such work, Services shaH commence at the next ~tandard labor rate period after 24 hours. 4.2 Contractor agrees to provide Services to the City on a "first prioritynand emergE ncy basis before, during and/or after a public emergency, disaster, hurricane, flood or Act of God. 5. Work Site Safety. Contractor shall, at all times, guard against damage or loss to the property of the City, Contractor's own property, and/or that of other contractors, and shall be held responsible for replacing or repairing any such loss or damage, When applicable, Contractor shall ., City of West Palm Beach - Annual Contract - Street Lighting 052103 -2- provide fences, signs, barricades, flashing rights, etc., necessary to protect and secure thE: work sjte(s) and insure that all City, County, State of Florida, OSHA and any other applicable;afety regulations are met. Contractor shall also provide for the prompt removal of all debrfs from City property. The City may withhold payment or make such deductions as deemed necessary 10 Ensure reimbursement or replacement for loss or damage to property through negligence of the Contr actor. 6. Warrant\/,. Contractor shall furnish manufacturer warran~1 for al/ equipment and parts furnished. Shourd any defect in materials or workmanship, excepting normal wear and tear, 3.)pear during the stated warranty period, upon written notice from the City, Contractor shall repair or replace same at no cost to the City. Replaced parts shall remain the pfC>perty of the City. except as otherwise authorized by the City. 7. Purchase Orders. The City shall issue individual purchélse orders from time to time for each assignment. The Services to be provided under each assignment shall commence and be completed by the dates indicated in each purchase order The City does not guaranteE: any minimum amount of work, or the extent of services required for tree rer')oval. 8. Rates. As compensation for Services rendered by Contractor to the City, thE: City shall pay Contractor in accordance with the following rates. No additional charges or fees will be paid by the City for Services: 8.1 Labor Rates. Labor time shall commence upon site arrival and terminate upon departure, in 0.25 hour increments. City shall n01 pay for travel time to and from job site. Standard labor rates shall be charged for work performed during the hours of 7:00 a.m. to 6:00 p.m., Monday through Friday. Premium labor rates shall be charged for work performed during the hours of 6:00 p.m. to 7:00 a.m. on weekdays and anytime on weekends. Standard Hourly Pren:!Ium Hourly Supervisor $301 hr. $45 I hr. Foreman $381 hr. $57 .' hr. Journeyman (licensed) $35/hr. $52.:30/ hr, Apprenüce $25 1 hr. $37.501 hr. Helper $15/ hr. $22.50 1 hr. 8.2 Equipment Rates. Hourly Rat.ê. Bucket Truck - 70' Maximum Working Height $35.00Ihr. Bucket Truck - 70' to 120' Working Height $35.00Ihr. Auger Truck w/Hydro Crane $35.001hr. Water Truck w/Jet Pump $35.00/hr. Crane Truck, 25 ton crane $85. o Olh r. Crane Truck, 50 ton crane $125 DO/hr. Rock Wheel for 6" wide trench thru asphalt & concrete up f030" depth $40.CO/hr. Pole Trailer $10.00/hr Trencher to 3' Depth $35.00Ihr. 8.3 Materials and Supplies. Cost plus 15%. '0 < .. City of West Palm Beach - Annual Contract _ Street Ughling 052103 -3- -- 8.4 Additional Equipment and Services. Knock down and remove pole, instafJ new pole, . lumina ire, fixture & wire, dispose of pole $395.00/each Trench in roadway w/rock base, 26" deep, restored with compacted subgrade, 10" thick compacted rock base with 3" thick hot mix asphalt in tow lifts, including installation of 1 .5" city supplied Schedule 40 PVC conduit $ß.50/L.F. Directionaf bore, 2" diameter hofe $8.00/LF. 8.5 The City will not be charged for mobWzation, transportation, fuel or any .)ther incidental expenses related to the perfonnance of this contract The Rates shall be full compensation for all equipment, vehicles, tools, labor, fuel, oil, grease. insurance, taxes, fees, plant, transportation, suspensions, delays and incidentals necessal)' to complete the Services described in this Agreement 9. Invoices. All invoices for Services shall be submitted to the City in duplicate and include description of services rendered. Invoices mush show the name of the Department, Division, or Section for which the services were performed, and the City of West Palm Beach Purchase Order Number. The invoices must fist the labor classification along with the hourly rate charged and hours worked. Material and supplies provided by Contractor must be listed separately and include quantity and cost Totalsper item and per invoice must be included. The onojnal invoice is to be presented to the designated City employee. During the course of this Contract, the Contractor may invoice the City for services rendered no more than once per month. The City will pay invoices submitted in conformance with this Contract within thirty (30) calendar days after submittal. 10. Payment. This Agreement is based on an hourly basis. Labor and equipment ~;hall be available on an "as needed basis" with no guarantee by the City of the amount of use. Payment will be made by the City after Work has been performed/services have been received, accepted and properly invoiced. 11. Suspension of the Work. The City' may suspend the Services under this Contcact on account of: a) a default of the Contractor; b) unfavorable weather conditions; c) mechanical failure of equipment being used in the prosecution of the Services under this Contract and the work being done by City forces adjunctive thereto; d) any other condition which, in the judgment of the City makes it impractical to secure first-class results. 12. Termination. 12.1 City reserves the right to terminate this Contract in the event thatthe performanœ of the Services is not satisfactory to City. 12.2 This Contract is expressly conditioned upon the availability of funds lawf'Jlly appropriated and available for the purposes set out herein as determined in the sole discretior, of the City. In the event funds to finance this Contract become unavailable, the City may terminate this Contract upon no less than twenty-four (24) hours notice, written and delivered to Contraclor. The City shall be the soJeand final authority as to the availabffifyoffunds. .< .. City of West Palm Beach - Annual Contracl- Street Lighlíng 052103 ·4- .-- ------ 12.3 The City may, whenever the interests otthe City so require, terminate this Agreement for the Convenience of the City, upon seven (7) days written notice to the Contraclor. l nless directed differently in the notice of termination, Contractor shall incur no further obligations in connection with the terminated work and will stop work to the extent specified and on the date given in the notice of termination. The City shall compensate Contractor for all authorized work satisfactorily performed through the termination date under the payment terms set forth herein. 13. Insurance. The Contractor shall maintain at all times during the term of this Contract, and any renewal periods, policies of insurance, for coverage in an at least the fol/owing minimum fimits: (a) Comprehensive general ¡iability, including contractual liability insurance coverir:g the indemnification provision of this Contract in the minimum amount of $1.000,000 combined single limit Occurrence form. covering dainaf¡es for bodily and per:;onal injury, including wrongful death, as well as claims of property damages whicl- may arise trom any Services or operations under this Contract, whnther such operE tions be by the Contractor or by anyone directly or indirectly employed by the ContfCIctor; and (b) "Any auto" or comprehensive occurrence form policy in the minimum amount of $1,000,000 combined, single Jimit for bodily injury and property damage liability. (c) Worker's Compensation Insurance in at least such amounts as are required b ý law for all its employees per Florida Statute 440.02. Employer's liability insurance nust be maintained in an amount not less than $100,000. (d) Excess liability, umbrella form, in a minimum amount of $5,000,000. 13.2 Certificates of insurance stating the types of coverage provided, limits of liability, and expiration dates, shall be provided to the City before full execution of the Contract. The City shéill be named as an additional insured on all policies. The required certificates of insurance shall not only name the types of policies provided, but shall also refer specifically to an awarded Contract, in accordance with which such insurance is being furnished, and shall state that such insurance is as required by the Contract. The Certificates oflnsurance shall provide that no change in the type of coverage, or dollar limits of coverage orcancellaüon, including expiration and non-renewal, shall be effective until thirty (30) days after receipt of written notice by the City. 14. Indemnification. The Contractor shall indemnify, defend, save and hold harmless City, its officers, agents and employees, from all claims, damages, 10sse1>, liabililies and exper ses arising out of the operations of the Contractor or its subcontractors, agents, officers, servànts, independent contractors or employees pursuant to this Contract, specifically including. but not limited to, those caused by or arising out of (a) any act, omission, default or negligence of the Contractor in the provision of the services under this Contract; (b) property damage or personal injury, including death, which damage, injury or dealh arises out of or is incidental to or in any 'Nay connected with Contractor's execution of services under this Contract; or (c) the violation offederal, state, county or municipal laws. ordinances or regulations by the Contractor, and (d) as set forth in the Invitation to Bid. Nothing in this Contracfshall be deemed to waive or affect the rights, privileges .and immunities of the City as set forth in Section 768.28, Florida Statutes. 15. Independent Contractor. Contractor is an independent Gontractor and is not an Tlployee or agent of the City. Nothing in this Contract shay be interpreted to establish .:my ., City of West Palm Beach':' Annual Contracl- Slreel Lighting 052103 -5- ---- .--- --------- --- relationship other than that of an independent contractor between t'1e City and Contracfor, its employees, agents, subcontractors or assigns throughout the term of this Contract . 16. Sub-Contractinq. Contractor may sub-contract ServicEs provided: 1) City provides prior written authorization to sub-contract; 2) any sub-contractors will be independent Small Business sub-contractors approved by the City pursuant to the terms of the Invitation to Bid and the City's Small Business Ordinance; and 3) the approved sub-contractors and/or Contractor ()btain Worker's Compensation Insurance insuring any such sub-contractors, Employees or agents, which insurance is acceptable to the City's Risk Manager. 17. Force Majeure. In the event of a hurricane, tornado, fire flood, major storm or olher natural disaster or epidemic, war, civil disturbance, terrorist activity or government actions bE yond the control of Contractor and which results in the prevention or delay of performance by Conlr, ~ctor, the Purchasing Official may grant the Contractor a variance from time and Service requirem::nts. 18. Taxes. Contractor understands that, in performing Serviœs for the City, Contractor is not exempt from paying sales tax to Contractor's suppliers for the materials require,j for Contractor to perfonn under this Contract. Contractor shall not be authorized to use the City's tax exemption number for purchasing supplies and materials. 19. Small Business Pro~ram Participation. The Contractor shall comply with the requirements ofthe Small Business Program Ordinance, Ordinance No. 3366-00, throughout the term of the Agreement. The Invitation to Bid contained a goal of Small Business participation in the amount of 10.0% of the fee and work related to this engagement. F2.ilure of the Contract,)r to maintain Small Business participation at the proposed level may require evidence of a good faith effort by Contractor and may be considered cause for cancellation of this Agreemenl 20. Non-Discrimination. The Contractor warrants and represents that all of its employees and applicants for employment are treated equally without reQard to race, color, relí!Jion, disabitity, gender, age, national origin, ancestry, marital status or sexual orientation. . 21. Unauthorized Aliens. The City shall consider the empfoyment by Contractor of unauthorized aliens a violation -of section 27 4A(e) of the Immigration an Nationalization Act. ::: uch violation shall be cause for unilateral cancellation of this Contract 22. Fair Labor Standards Act. The Contractor is required to pay all employees not ;ess than the Federal minimum wage and to abide by other requirements as established by the Congress of the United States in the Fair Labor Standards Act, as amended from time-to-time. 23. Compliance with Laws. The Contractorshall compJywith all applicable City, State and Federal laws relating to the provision of Services underthis Contract, now or here~fter in effect. The Contractor shall comply with all applicable City, State and Federa laws relating to wafles, hours, and all other applicable laws relating to the employment or protection of employees, now or hereafter in effect. 24. Riqht to AudiL Contractor shall maintain within Palm Beach County adequate records of the Services provided during the Contract term and for two years following the termination of the Contract. City, from time to time, during Contractor business hours and wit/¡ at least 24 hours prior notice to the Contractor, shall have the right to audit the Contractor's books and records, at the City's expense, with regard to the accounts and s'etvices provided to or on behalf of the City hereunder to ensure that all aspects of the Contrac,t are behg met. Failure by ~he Contractor to permit such audit shall be grounds for terminatior! of this Contract by the City. City of West Palm Beam - Annual Contract - Street Lighting 052103 -6- -- ~ 25. Public Records law. The Contractor shaH allow public access to all documents, papers, letters or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the Contractor in conjunction with this Contract FailurE by the Contractor to grant such public access shall be grounds for immediate unilateral cancellation of this Contract by the City. 26. Representations, Warranties and Covenants. 26.1. The Contractor hereby represents and warrants to the City that it has full power and authority to enter into this Contract and fully perform its obligations hereunder without the neE~d for any further corporate or governmental consents or approvals, and that the persons executin9 this Contract are authorized to execute and deliver it Assuming the due authorization, execution, delivery, legality and enforceability hereof by or against the City when executed and delivered t y the parties, this Contract will constitute a valid and binding Contract of the Contractor, enforCE:able against it in accordance with its terms, subject only to the application of fIeneral principles of equity and limitations arising from bankruptcy, insolvency, moratorium and other similar.laws affectin,} the rights of creditors generalry. 26.2 The Contractor has not employed or retained any person employed by the City to solicit or secure this Contract and it has not offered to pay, paid, or agreed to pay any person employed by the City any fee, commission percentage, brokerage fee, or gift of any kind contin -;lent tipon or resulting from the award of this Contract. 26.3 The Contractor represents that it is duly licensed to perform the Services under this Contract. 26.4 The Contractor is aware of the conflict of interest laws of the ordinances and regulations of the City and the State of Florida. and covenants that the Contractor will fully com¡:;/y in all material respects with the terms of said laws. 27. Waiver. No waiver of a breach of any provision of this Contract sh~1l constitute a waiver of any subsequent breach of the same or any other provision hereof, and no waiver shall be effective unless made in writing. 28. Severability. Should any provisions, paragraphs, sentences, words or phrases contained in this Contract be determined by a court of competent jurisdiction to be invalid, ifIegéil or otherwise unenforceable under the laws of the State of Florida or the City, such provisicns, paragraphs, sentences, words or phrases shéill be deemed modified to the extent necessary in order to conform with such laws, and to the extent they cannot be so modified, then same shall be. deemed severable, and in either event, the remaining terms and provisions in this Contract shall remain unmodified and in futl force and effect. 29. Notices. A" written notices, demands and other communications required or provided for under this Contract shall be sent by certified mail, retum receipt requested, postage prepaid, in thè case of mailing, or by overnight or same day courier, or by electronic transmission producing a written record, or hand delivered to the following address and person bearing ;:he following title for each party hereto or such other addressee or person as shall be designated bý a party in a written notice given in the manner required hereby: .< .. Cìly ofWes[ Palm Beach - Annual Contract _ Street Ughting 052103 -7- ~. -- -- to City: City of West Palm Beach P_O_ Box 3366 West Palm Beach, FL 33402 . Attn.: Procurement Official to Contractor: [at address on first page on contract] 30_ Modificaticm. There may be no modification of this Contract, except in a \1I,[iting executed with the same formalities as this document. 31. AssiQnment. Neither party shall assign this Contract, or any interest herein, or delegate any of its duties hereunder. 33_ Governinq Lawl Jurisdiction I Enforcement. 33_1 This Contract shall be construed and enforced according to the laws of the Stete of Florida. The Uniform Commercial Code, as adopted by the State of Florida, shall supply term~ and conditions not specifically provided in the Contract. 33.2 The parties hereto agree that the state or federal courts located in the State of Florida shall have the exdusive jurisdíction over the parties and the subject matter of any litigation betv/een the parties arising hereunder. For purposes of state court action, venue shall lie in Palm Beach County. Florida, and for purposes of federal court action, venue shall lie in the Southern District of Frorida. Contractor waives any claims of an inconvenient forum or venue_ 33_3. The City is entitled to its attomeys' fees and costs in any legal action to enforce the provisions of this Contract 34_ Other Government AQencies. Contractor agrees that th;s Contract constitute:> an offer to contract to other government entities and to all entities of the City of West Palm Bench, Florida, provided that the conditions and circumstances are the same. This Contract in no Nay restricts or interferes with the right of any government entity of the City to bid for the same or similar services. 35_ Entire Contract. This Contract, including the RFP and the Proposal, set forth the entire understanding between the parties with respect to the subject mattE r hereof and shall govern [REMAINDER OF PAGE INTENTrONALL Y BLANK] .. < .; :;ity of West Palm Beach - Annual Contract - street Lighting 052103 -8- - - the respective duties and obligations of the parties, superseding any other written or oral representations, stafements, negotiations, or Contracts to the contrary. I IN WITNESS WHEREOF, the undersigned parties have executed this Agreement, in duplicate copies, each ofwhích shall constitute an original, as of the day and year first above written. ATTEST: CITY OF By: Theresse du Bouchet Lois J. Frankel. Mayor City Clerk CITY ATTORNEY'S OFFICE Approved as "to form AndIe S ffìciency By: Date: WJTNp-B-5EB; Contractor: ) C.R. DUNN, INC. By. 91-.£:7 ~r-bt~_-<~ Clyde -n.. Dunn, President F:WDUlAgreemeo!S\SlreelughlAnnuaIK.doc .< .. .. city of West Pam Beach - A1JnuaJ Contract -Street Ughling 052103 ··9- S~n;> 2:3 04 11: 223 C. R. Dur·!!". If'tC. 5S158Sl233 0'3/23/2œ4 f18:50 51!.1B35ae'28 Cl'N OF WPa F. 1 PPGE ~l/Øl 'The PRoCURiMENT DIVISION - 1045 Cbar10rte A'Jeftue WestPaltD 3each; FL 334Ö1 . City . Office: S61.(iS9-8(t:36 of Fax: S61-835-0028 .~ WestPalm9Jeach . "11tit' Capital City qf the Palm ßøQç1r«K .. cQNTRACf RENEWAL AGRUMEIf1' NAME OF BID: Annual contract for Electrical ~rY.i~ ~ 81D NUM8E~: n. ,1'Go§. Agreementbe~en the atv. r:/West palm geDc:h, florida, ().¡wner¡ and C. B.. 0..".. Inc. 1'%01 :Po,. taDe Laklt WetdJ, FL 33468 COntract Ref1ewal Period: ~ 1~ M04- Se~ber -- ~ ~reby _ to ........ !he ~ ~ and h<m.. !he -. "''''''', . t!onS &. pricing. . c:J 1 herebY elett DQt to reneW the ~. f(iÏ'tne opti01'l renewal perícd. . .. - 5ól-2~.,.ZlS5 ~ (AAEA ccŒ') ~E NUMÐEft ~~"-,~ "~pe.;rlå'l':}r - ,-me . . P-resident se~tember. 23,2QOh 1\1'1VE oAT! ,~ läi~ ...... . ."-. -". , Procurement Of'fidal, C1t.v of west: Pel'" Seech Pate . ~- "A'" .8411111 ~i'" /lJ;f""~'" ., . To Fhone ~ Fax /I -,. 2.. {¿ð \ (¿¡ F!1)I' . '" ~,~-~.."",,,-;",¡,,,,,;,.,~..---., COpy CITY OF WEST PALM BEACH ~-., . .ANNUAL CON'tRACT FOR ELECTRICAL SERVICES ¡-.. .. '..: .~') with . C.R. DUNN. INC. THIS CONTRACT is made and entered into by and between the CITY OF WEST PALM BEACH, a municipal corporation of the State of Florida whose address is 200 2nd Street, West Palm Beach, Florida 33401 (the "City") and C.R. DUNN, INC., a FJorida corporation, whose principal address is 1202 Pope Lane, lake Worth, Florida 33460 (the ·Contractor"). WITNESSETH: WHEREAS, the City issued Its Invitation to Bid # 01/02-49 "Annual Contract for Electrical Services" (the ~Invitation to Bid") pursuant to state and local law to solicit sealed bids for the purpose of contracting for electrical installation, repair and maintenanbe services; and WHEREAS, the Contractor responded to the Invitation to Bid by submitting its sealed bid dated August 26, 2002 (the ~Bid"), which Bid was accepted by the City; and WHEREAS, the Contractor shall be providing eJectrical services to the City on a non-exclusive basis under the Invitation to Bid, the Bid and this Contract (hereinafter collectively called the ·Contract"); and WHEREAS, although the Invitation to Bid addresses in some detail the services to be provided. there are certain Issues not addressed by these documents which the parties desire to address. NOW. THEREFORE, in consideration of the foregoing promises and other gofd and valuable consideration. the receipt and adequacy of which are her~by acknowledged, the City and the Contractor hereby covenant and agree as folloVtlS: - 1. SeoDe of Services: 1.1 The Contractor shall be the prime contractor to provide electrical services. The Contrador shall provide all the materials, supplies, equipment, labor and iransportation necessary to perform in a good, firm, substantial, workmanlike manner the services to be provided to the City by the Contractor, on a non-exclusive basis, including: (a) installation, repair, maintenance, replacement, removal of new and/or existing electrical service and associated equipment such as: switchgear; panel gear; terminal blocks; transformers; circuits; lighting; power outlets; wiring; generators; UPS and other equipment requiring electrical service; (þ) standby and temporary electrical service, review and consultatíon work such as/capacity, load testing and equIpment compatibility and troubleshooting work; and City of West Palm Beach - Annual Contract - Electrical Services 6/23/03 1 (c) each of the services, terms and conditions set fonh in the Invitation to Bid, which is hereby incorporated by reference in its entirety (collectively tl'le "Services"). 1.2 All mðteriats, workmanship and services performed shåll be in compliance with City, County of Palm Beach, State of F!orida and Federal regulations, codes and standards and most recent National Electric Code. The Contractor shall notify City personnel of worK progress and. as required, shall make arrangements for owner inspection of vvork performed. 1.3 The Contractor shall provide a 24~hour¡ seven (7) days per week telephone answering or beeper service to accept and record emergency service call requests from the City. Emergency service call requests such as, but not limited to. situations which present an unsafe or destructive condition, shall require work to be commenced within two (2) hours from the time an emergency call is placed and the Contractor shall be available and service performed 24 hou~ a dayl seven (7) d¡¡ys per week. Non-emergency or standard project work shall be commenced within 24 f:ours from the time work ÎS requested. 1.4 It is hereby made a part of this Contract that before, duríng and after a publíc emergency, disaster, hurricane, flood or Act of God that the City, shail receive services on a "first priority" basis. 1.5 The term "Contract" shall include all the terms and conditions set forth ín the Invitation to Bid, the Bid and this Contract, all of which taken together form the Contract. Unless the context requires otherwise, all references to "this Contract" and use ~f the terms "herein', "hereby'. "hereof, n "hereto", "hereunder" and the like shall be deemed to include the Invitation to Bid, the Bid, this Contract and any addenda thereto, 2. ControlUna Provisions. Except as othe/W;se specifically provided herein, in the event of any conflict between the specific provisions of this Contract and the requirements or provisions of the Invitation to Bid and/or Bid, the provisions shall be given precedence in the following order: (1) this Contract; (2) the Invitation to Bid and (3) the Bid. Wherever possible. the provision or previsions of the documents shall be construed in such manner as to avoid conflicts between provisions of tlie various documents. 3. Term of Contract. 3.1 Subject to the termination rights of the City, this Contract shall have a term of two (2) years. commencing as of the date executed by the City. Notwithstanding the foregoing, the City reserves the right to terminate this contract in the event that the performance of the Services is not satisfactory to the City, in addition to the termination right set forth herein. 3.2 The City shall have the exclusive right to renew this Contract for one additional twelve (12) month period. Such option to renew will only be exercised upon a written Contract amendment executed by both parties. The fees sat forth in Section 7 shall remain in effect for the initial 2-year term. Fees for any renewal period shall be r'legotiated with the Procurement Official of the City at, the time of renewal, but shall oot exceed the inctease in the Consumer Price Index for the previous year. Any renewals shall be subje¢t to the appropriation of funds by the City. City of West Palm Beach - Annual Contract - Electrical Services 6/23/03 2 4. Purçhase Orders. The City shall request work hereunder by issuance of Purchase Orders which !ihall specify the assignment. The Contractor shall provide the Services requested under each Purchase Order. as indicated The rat~s for the Work shall be established În accordance with the Contractor's Rates as set forth in Section 7.1 below. The Rates shall be full compensation for arl equipment, vehicles, tools, labor, fuel, insurance. taxes, fees, plant, transportation, suspensions, delays and incidentaJs necessary to complete the Services described in this Contract. 5. InvoIces. All ínvoiœs shall contain the City's purchase order number. All invoiced material and labor costs shall be detailed on the invoice and shall include quantity, description, rate or cost and total per item and per invoice. Invoices shalf be reviewed and approved by City personnel. All invoiced mat8rial and labor co~ts shall be detailed on the invoice and shall ¡ncrude quantity. description, rate or cost and total per item and per invoice. All invcices should be submitted to Bill Thomas, General Services Superintendent. Invoices shall be reviewed and approved by City personnel. 6. Payment. Payment will .be made by ¡he City after Services have been performed, accepted and properly invoiced. 7. ComÐensation for Services. 7.1 As compensation for Services rendered oy the Contractor to the City, the City shall pay the Contractor on an tlourly rate basis in accordance with the following table. No additional Charges or fees Will be paid by the City tor labor, transpcr.ation. overhead or other charges. except materials: PERSONNEL TITLE STANDARD HOURLY PREMIUM HOURLY RATE RATE - Supervisor $45.00Ihr. $67. 501h r. Foreman $40.00Ihr. $60.DOIhr. Journeyman (/Ie.) $39.00/hr. $58.50/hr. Apprentice $30.00/hr. S4ð.DO/hr. Helper $20.00/hr. $3C.OO/hr. 7.2 The COntractor will be compensated for materials and supplies at a rate of cost plus fifteen (15) %. 7.3 Crews and equfpment shari be available on an "as needed basis~ with no guarantee by the City of the amount of use. Labor time shall commence upon site arrival and tel1'n;nate upon departure, and total by 1/4 hour increments. Labor cost shall be computed by multiplying the applicable hourly rate by lëbor time. The Contractor shall be responsible for all travel to and from job sìte. The standard hourly rate shan be for \AIOrk requested and completed during the hours 7:00 A.M. TO 6:00 P.M., Monday thrcugh Friday. The premium hourly rate shall be for work requested and completed during the hours 6:00 P.M. to 7:00 AM., Monday through Friday (and weekends) from 6:00 P.M. Friday to 7:00 A.M. Monday, and shall Include all federal holidays. 7.4 /rhe City reserves the right to purchase and provide any and all material it deems beneficial for a specified project. All materfai not provided by the City shall be listed separately on invoice(s) and state a concise description and cost of material or part. City of West Palm Beach - Annual Contract - Electrical Services 6/23/03 3 8. Independent Contractor. The Contractor is an independent contractor and is not an employee or agent of the City, Nothing in thj~ Contract shall be interpreted to establish any relationship other than that of an independent contractor between the City and the Contractor, its employees, agents. subcontractors or assigns thrOUGhout the term of this Contract. 9. Protection against Damage. The C'Jntractor shaU, at all times, guard against damage or loss to the property of the City, the Contractor's own property and/or that of other contractors, and shall be held responsible for replacing or repairing any such loss or damage. The City may withhold payment or make such deductions 3S deemed necessary to ensure reimbursement or replacement for loss or damage to property through negligence of the Contractor. The Contractor shall provide due care at all times to cordon off and/or post signs to maintain a safe work area ìn order to avoid creating a hazardous condition for pedestrians, property and vehicles. The Contractor shall supervise the work using the Contractor's best skill and attention. and shalf be responsible for all means, methods, techniques, procedures and coordination of work. The Contractor shall have an Englîsh·speaklng supervisor or representative on site at all times, who shall be knowledgeable of all plans, 5pecifìcations and contract requirements. The Contractor shall ensure tJ-ie work site is kept free of hazards and that debris. rubbish and scrap material are removed from the site on a regular basis to provide a neat and orderly appearance at the end of each workday and upon project completion. 10. Rlaht to Audil The Contractor shall maintain within Palm Beach County adequate records of the Services provided during the Contract term and for three years following the termination of the Contract. The City, from time to time, during the Contractor's business hours and with at least 24 hours prior notice to the Contractor. shaJl have the right to audit the Contractor's books and records, at the City'S expense, 'Nith regard to the accounts and services provided to or on behalf of the City hereunder to ensure that all aspects of the Contract are being met. Failure by the Contractor to permit such audit shall be grounds for termination of this Contract by the City. 11. SusDension of the Work. The aty shall have the authority to suspend the work and Services under this Contract on account of: (a) a default of the Contractor; (b) unfavourable weather conditions; (c) the work's being done by City forces adjunctive thereto; (d) emergency situations; and (9) any other condition which, in the judgment of the City representative, requires suspension of the work. The Contractor. if notified to do so by the City, shi!ll promptly remove any part or all of his equipment and supplies from the City's property, failing which the City shall have the right to remove such equipment and supplies at the expense of the Contractor. 12. Insurance. 12.1 The Contractor shall maintain at all times during the term of this Contract, and any renewal periods, insurance coverage obtained and written in the State of Florida of the following types and 21mounts: (a) Comprehensive General Liability: This occurrence form policy shall provide coverage for death. bodily injury, personal injury or property damage that could arise directly or indirectly from the performance of this Contract. The minimum amount of coverage shall be $1,000,000.00, Combined, Single Limit for Bodily Injury and Property Dama,be Liability. (b) Automobile Liability: This must be an occurrence form policy and the minimum amount of coverage shan be $1,000,000.00 Combined, Single Limit for Bodily City ofWe.st Palm Beach - Annual Contract - ElectriC'!!1 Services 6/23/03 4 Injury and Property Damage Liability. This policy sharr be an "Any Auto" or Comprehensive polícy. (c) Worker's Compensation Insurance: This must meet min.imum statutory limìts and comply with §440, Frorida Statutes, Worker's Compensation Uiw. The Contractor's liability insurance must be maintained in an amount not less than $100,000.00. 12.2 Certificates of insurance stating the types of coverage provided, limits of liabîlìty, and expiration dates, snalf be filed with the City before operations are commenced. The City shall be named as an additional insured on all policies. The required certificates of insurance shall not only name the types of poHcies provided, but Shall also refer specificaffy to an awarded Contract, in accordance with which such insurance is being fumlshed. and shall state tliat such ìnsurance is as required by the Contract. The Certificates of Insurance shall provide that no change in the type of Coverage, or dollar limits of coverage 0( cancellation, including expiratìon and non. renewal, shall be effective until thirty (30) days after receipt of written notice by the City. 13. Indemnitv. The Contractor agrees to protect, defend. reimburse, indemnify and hold the City, its agents, employees and elected officers and each of them, free and harmless at all times from and against any and all daims, liability, expenses,· Josses, suits, costs, fines and damages (including attorney fees and costs) and causes of action of every kind and character against or from the City by reason of any damage to property or the environment, or bOdily injury (including death) incurred or sustained by any party hereto, or of any party acquiring any interest hereunder, and any third or other party whomsoever. or any governmental agency, arising out of or incident to or in connection with the Contractor's performance under this Contract. the Contractor's acts. omissions or operations hereunder or the performance, non- performance or purported performances of the Contractor or any breacn of the terms of this Contract; to the extent caused by the negngence. recklessness or intentional wrongful misconduct of the Contractor and persons or entities employed or utilized by the Contractor in its performance. Nothing herein shall constitute a waiver of the City's sovereign immunity. 14. Warranb(. The COntractor shall,fumish manufacturer's warranty for all equipment and parts furnished. Should any defect in materials or workmanship (excepting nOm1al wear and tear) appear during the stated warranty period, the Contrador shall repair and replace same at no cost to the City upon written notice from the Procurement Official. Replaced parts shall remain the sele property of the City. except as authorized by City personnel. 15. Force Maieure. In the event of a hurricane, tornado, fire, flood, major storm or other natural disaster or epidemic, war, civil disturbance, terrorist activity or govemment actions beyond the control of the Contractor and which results in the prevention or delay of performance by the Contractor, the Purchasing Official may grant tne Contractor a variance from time and Service requirements. 16. Iim· The Contractor understands that, in performing Services for the City, the Contractor is not exempt from paying sales tax to the Contractor's suppliers for the materials required for the Contractor to perform under this Contract. The Contractor shall not be aúthorized to use the City's tax exemption number for purchasing suppliés and materials. City of West Palm Beach - Annual Contract '- Electrical Services 6/.23/03 5 17. Availabilitv of Funds. This Contract ìs expressly conditioned upon the availabilìty of funds lawfully appropriated alid available for the purposes set out herein as deterrninad in the sole discretion of the City. In the event funds to finance thj~ Contract become unavailable, the City may terminate this Contract upon no less than tvventy-four (24) hours notice, written and delívered to the Contractor. The City shall be the sole and final authority as to the avaílabìlìty of funds. 18. Small Business Proaram Par1icipatlon. The Contractor shall comply with tt!e requirements of the City's Small 8usiness Program Ordinance No. 3366-·00, throughout the term of this Contract. The 58 goal established for the Contract is 31%. The Contractor's Bid contained a statement of Small Business participation in the amount of 100% of the fee and work related to this engagement. Failure of the Contractor to maintain Small Business participation at the proposed level may require evidence of a geod faith effort by the Contractor and may be considered cause for cancellation of this Contract. 19. Non-discrimination. The Contractor warrants and represents that all of its employees and applicants for employment are treated equally without regard to race, color, religion, disability, gender, age, national origin, ancestry, marital status or sexual relation. . 20. ComÐliance with Laws. The Contractor warrants that all materials, workmanship and services performed shall be in compliance with City of West parm Beach, County of Palm Beach, State of Florida and Federal regulations, codes and standards and the most recent National Electric Code. 21. Fair Labor Standards Act. The Contractor is required to pay all employees not less than the Federal minimum wage and to abide by other requirements as established by the Congress of the United States in the Fair Labor Standards Act. as amended from time-ta-time. 22. UnauthoriZed Aliens. The City shall consider the employment by the Contractor of unauthorìzed anens a violation of Section 274A(e) of the Immigration élnd Nationalization Act. Such violation shall be cause for unilateral cancellation of this Contract. 23. Possession of Fir..arms. Possession of firearms will not be tolerated on City of West Palm Beach property. "Firearm" means: any weapon (including a starter gun or antique firearm) whIch will, is design'ed to or may readily be converted to expel a projectile by the action of an explosive; the frame or receiver of any such weapon; any destructive device or any machine gun. No person who has a firearm ir, his/her vehicle may park his/her vehicle on City of West Palm Beach property. Furtt1ermore, no person may possess pr bring a firearm onto City of West Palm Beach property. If any employee of the Contractor is found to have brought a firerarm on City of West Palm Beach property, said employee will be terminated from the City project by the Contractor. If the Contrélctör fails to terminate said employee, this Contract shalf be terminated. 24. Permits and Licenses. The Contractor shall obtain all permits and lìcenses requlr~ by law or ordinance and maintain the same in full force and effect. All permits and licenses shall be obtained at the Contractor's expense. Any changes of the licenses or permits shall be reported to the City within ten (10) working days of the change. City of West Palm Beach - Annual Contract - Electrical Services ß/23/03 6 25. TenninCltion. The City shall have the right to terminate this Contract, in whole or in part, ~t or without cause, upon ten (10) days written notice to the Contractor. rn the eve, It of tørmination, the City shall compensate the Contractor for ell authorized Nark sBtisfa,;:torily ¡)eliormed through the termination date under the payment terms set or-Ih herein. .. . Public p,eccrds Law. The Contractor shall allow public access to all '-" documr;nt" papers, le'":ers or other material subject to the provisions of Chapter 119, Florid"J Slatute~, and made or received by the Contractor in conjunction with this Contract Failure by tl')e Contractor to grant such public access shall be grounds for immediate unilateral cancellation of this Contract by the City. 27. Represëntations, Warranties and Covenants. 27.1 The Contractor hereby represents and warrants to the City that it has full rQwer ana authority to enter into this Contract and fUlly perform its obligations hereunder without the need for any further COrporate or governmental consents or approvals, and that the persons executing this Contract are authorized to execute and deliver it. Assuming the due a\Jthorization, execution, delivery, legality and enforceability hereof by or against the City when executed and delivered by the parties, this' Contract will consti~ute a valid and binding Contract of the Contractor. enforceable against it in accordance with it~ terms, subject only 10 the application of general principles of equity and limitations ariS"íng from bankruptcy, insolvency, moratorium and other similar laws affecting the rights c·f creditors generally. 27.2 The Contractor has not employed or retained any person employed by the City to solicit or secure this Contract and it has not offered to pay, paid or agreed to pay any person employed by the City any fee, commission percentage, brokerage fee, or gift or any klndcJntingent upon or resultIng from the award of this Contract. 27.3 The Contractor represents that it is duly licensed to perform the Services under this Contract 27.4 The çontractor is aware of the conflict of interest laws of the ordinances and regulations of the City and the State of Florida, and covenants that the Contractor wiU fully cOmply in ~"material respects with the terms of said laws. 27.5 The City hereby represents and warrants to the Contractor that it has full power and au1honty to enter into and perform all of its obligations under this Contract without the need for any further bIds, notices or other actions by its Commission or any other governmental authority. When executed and delivered by the parties, this Contract will constitute a \aUd and binding Contract of the aty enforceable against it in accordance with its terms, subject only to the application of general law and prindples of equity and limitatio1S arising from bankruptcy, insolvency, moratorium and other similar laws affecting the rights of creditors generally. 28. Waiver. . No waiver of a breach of any provision of this Contract shall constitute a waivgr of Clny subsequent breach of the same or any other provision hereof, and no waIver shaif be effective unless made in writing. 29. I~!labilitï' Should any provisions, paragraphs, sentences, words or phrases containedir this Contract be determined by a court of competent jurisdiction to be invaßd. Illegal or (.therwlse unenforceable under the laws of-the State of Florida or the City, such provi!i;ons, paragraphs, sentences, words or phrases shall be deemed City of West Palm Bea::h - ATlnual Contract - Electrical Services 6/23/03 7 modified to the extent necessary in order to conform with such laws, and to the extent they cannot be so modified, then the same shall be deemed severable. and in either event, the remaining terms and provìsions in this contract shall remain unmodified and in full force and effect. . 30. Notices. All written notices, demands and other communications required or provided for under this Contract shall be sent by certified mail, return receipt requested, postage prepaid, in the case of mailing, or by overnight or same day courier, or by electronic transmission producing a written record. or hand delivered to the following address and person bearing the following title for each party hereto or such other addressee or person as shall be designated by a party in a written notice given in the manner required hereby: to the City: City of West Palm Beach P.O. Box 3366 West Palm Beach, FL 33402 Attn.: Procurement Officral to the Contractor. C.R Dunn, Inc. 1.202 Pope Lane Lake Worth, FL 33460 Attn.: Russell p, Dunn, V.P. 31. Modification. There may be no modification of this Contract, except in a writíng executed with the same formalities as this document. 32. Asslanment. Neither party shall assign this Contract, or any interest herein, or delegate any of Its duties hereunder. 33. sub-oCont1'8ctina. The Contractor may sub-contract Services provided: (1) The City provides prior written authorization to sub-contraet; (2) any sub-contractors will be independent Small Business sub-contractors approved by the City pursuant to the terms of the Invitation to Bid and the City's Small Business Ordinance and (3) the approved sub-contractors and/or the Contractor obtain Worker's Compensation Insurance insuring any such sub·contractor'S, employees or agents, which insurance is acceptable to the City's RIsk Manager. 34. Other Government Aaencies. The Contractor agrees that this Contract constitutes an offer to contract to other govemment entities and to all entities of the City of West Palm Beach. Florida, provided that the conditions and circumstances are the same. This contract in no way restricts or Interferes wìth the right of any government entity of the City to bid for the same or similar services. 35. Governina Lawl Jurisdiction I Enforcement. 35.1 This Contract shalf be construed and enforced according to the laws of the State of Florida. 35.2. The parties hereto agree that the state or federal courts located in the State of Florida shall have the exdusive juñsdictfon over the parties and the subject matter of any litigation between the parties arising hereunder. For purposes of state court action, venue shall lie in Palm Beach County, Florida, and for purposes of federal court action, v~nue shall lie in the Southern District of Florida. The Contractor waives any claims of an inconvenient forum or venue, City of West Palm Beach - Annual Contract - Electrical Sel'l/ìces 6/23/03 8 35.3. The City is entitled to its atlorneY!i' fees and costs in any legal action to enforce the provisions of this Contract 36. Entire Contract This Contract, including the lnvitation to Sid and the Bid. set forth the entire understanding between U,e parties with respect to tlile subject matter hereof and shall govem the respective duties and obligations of the parties, superseding any other written or oral representations, statements, negotiations or Contracts to the contrary. (CORPORA CI~ PALrfCH BY:\~ LX---v.-- I\TTEST: Lois J. Frankel. Mayor ~rt~ Dated: <sllb~ .2003. CiÌ'¡ Clerk CITY ATTORNEY'S OFF=¡CE ApprOVéd as to form :~ Date: Contractor: C.R. DUNN,-UsK:~ 9¥ .(1:( ) 't:~ Print Name:ayð R Ou Pr: e. nn, ea. ntle: , ~ ht~ ~~- Dated: ¿ /27/6'3 ,2003. M~ 'v-r f t (Attach corporate seal) i F':'·,Boy~cA\AG:!ŒEMENTS\C.R. Dunn - AnTlu;¡1 Electrical Services Contnct.ð<x: City of West Palm Beach - Annual Contract - Electrical Services 6/23/03 9 04/28/2005 13:42 5518350028 CITV OF WPB PAGE ::. /··:I~I _ -_'I __1-_.1 eïb¡ c4 Wut !lølm 9Jeød& !I~ !lHui6iM 1045 Charlotte Avenue West Palm Beach, FL 33401 Phone: (561) 659-8036 Fax: (561) 835-0028 INVITATION TO BID SEALED 810#01/02-49 Annual Contract for Electrical Services The City of West Palm Beach Is soliciting bids from responsible and qualified contractors to provide electrical installatIon, repair and maintenance services as required by the aty of West Palm Beech. TIme is of the essence and any bid received after 11:00 a.m., Thursday, August 29, 2002 whether by mall or othelWise, wîl1 be returned unopened. The time of receipt shall be determined by the time clock located in the office of the Procurement Department. BIds shall be placed in a sealed envelope, marked in the lower left-hand corner with the Bid number, title, and date and hour bid is scheduled to be received. Offerors are responsible for insuring their bid is stamped by Procurement Department personnel by the deadline indicated. ,- . Interested parties may obtain a copy of this bid by contacting the Procurement Division at (561) 659..8036. All bids must be delivered or mailed to: City of West Palm Beach Procurement Division 10'15 Charlotte Ave. West Palm Beach, FL 3340 1 ENVELope MUST BE IDENTIFIED AS BID #01/02-49. PUBLISH: Palm Beach Post August 11, 2002 ,--- ~..__.~'''''''''''~...~..'~''.<~ [1c/ 23/ ;~O:?1~~ ::3: 4;~ 5518350;::128 C2:TY OF ViPB PAGE l5/33 INVITATION TO BID SF~~ED BID #0 1/02-49 Annual Contract for Electrical Services SÇOPE.QF ,S~RVI,CE ~CONTBACTQ.It'S gEPOSII..ILITY The City of West Palm Beach is seeking to secure responsible and qualified electricai contractor(s) for electrical Installation, repair and maintenance selVices for a fixed price term contract, on an "as neededn basis. 1. IYPE Qf..iIØVIC.E REOUUWl Type of service required, but not limited to, include(s): installation, repair, maintenance, replacement, removal of new and/or existing electrical service and associated equipment such as: switchgear, panel gear, terminal blocks, transformers, circuits, lighting, power outlets, wiring, generators, UPS, and other equipment requiring electrical service. Service shall include standby and temporary electrical service, review and consultation work such as capacity, load testing and equipment compatibility, and troubleshooting work. Contractor shall be required to furnish at their expense all expertise transportation, labor¡ supervision, lìeensing and permits neœssary to perform required services. 2. QUALIFICAUQNS AND EXPE!UENCE OF IJQÐEBS · The contractor must be regularly engaged in the business of providing the services as described in this Bid for a minimum of (3) years. · The contractor must have sufficient financial support, equipment, personnel and supplies to perform the required services. · The contractor must have required licenses and must have or be able to acquire sufficient insurance as required by the City of West Palm Beach. II The contractor must provide a minimum of (3) client references or slmi!ar size and scope to this Bid. 3. JNSPECTIDNr s:rMm.ARQS ANDjNOBKMANStfIP Ail materials¡ work.manship and services performed shall be in com plia nœ with CIty of West Palm Beach, County of Palm Beach, State of Florjda, and Federal regulations, codes & 1 0~/2s,'::,ue;:; 1 "). .! '-.1 5f~1 '335012128 ',.'-. Lt..... CITY OF (A!F3 '=:¡v;::~ ~ ~~ .. .--, -, _. ! -- INVITATION TO BID SEALED BlP #01/02..49 standards and most recent National Electric Code. The contractor shall notify City of West Palm Beach personnel of work progress and as required make arrangements for owner ínspection of work performed. 4~ E F Electricõl contractor shall provide a 24-hour, 7 day a week telephone answering or beeper service to accept and record emergency service caU requests from the City of West Palm Beach. Emergency service caU requests such as, but not limited to, situations which present an unsafe or destrUctive condition, shall require work to be started within 2 hours from time caU is placed and contractor shall be avaUable and service performed 24 hours a day I 7 days a week. Non-emergency or standard project work shall be started within (24) twenty-four hOurs from time work is requested. It is hereby made a part of thiS agreement that before, during and after a public emergency, dIsaster, hurricane, flood or Act of God that the municipal government, through the City of West Palm Beach, shall require a "first priorit't basis for goods and services. It is vital and imperative that the majority of citizens are protected from any emergenc..y situat\on that threatens public health and safety. s. LA8Q~ tIME/RATE COMrUTATlONS AND..-MADRIAL COST Labor time shall commence upon site arrival, terminate upon departure, and total by 1/4 hour increments. Labor cost shall be computed by multiplying the appncable hourly rate by labor time. contractor shalt be responsible for all travel to and from job site. $tand,.rd labor rate shan be for work requested and completed during the hours 7:00 A.M. to 6:00 P.M.¡ Monday thru Friday. Premium labor rate shall be for work requested and completed during the hours 6:00 P.M. to 7:00 A.M., Monday thru Friday, and (weekends) from 6:00 P.M. Friday to 7:00 A.M. Monday, and shall include all federal holidays. TIle City reserves the right to purd1ase and provide any and aU material it deems beneficial for a spedfied project. All material, not provided by the City of West Palm Beach, shall be listed separately on invOice(s) and state a concise descriptiOn and cost of material or part. All invoiced material and labor costs shall be detailed on the invoice and indude quantity, description, rate or cost and total per item and per invoice. Invoices shBU be reviewed and approved by Oty of west Palm Beach personnel. 2 OC:/2}/2E105 1~' ·v' 5513350828 ---- ...;."-+..:: C:TV OF 1,IpB PAGE 18/33 INVIT A TJON TO BID SEALED BID #01/02-49 6. The contractor shall provide due care at all times to cordOn off, and/or post signs to maintain a safe work. area to avoid creating a hazardous condition for pedestrians, property, and vehicles. The contractor shall supervise the work using their best skill and attention, and shall be responsible for all means, methods, techniques, procedures, and coordination of work. The contractor shall have an English-speaking supervisor or representative on site at all times, who shall be knowledgeable of all plans, specifications, and contract requirements. The contractor shall ensure the work site is kept free of hazards; and debris, rubbish, and scrap material is removed from the site on a regular basis to provide a neat and orderly appearance at the end of each workday and upon project completion. 7. Contractor shall furnish manufacturer warranty for all equipment and parts furnished. Should any clefect in materials or workmanship, excepting normal wear and tear, appear during the stated warranty period, the contractor shall repair or replace same at no cost to the City of West Palm Beach upon written notice from the Procurement Official. Replaced parts shall remain the sole property of the City of West Palm Beach, except as authorized by City r:/ west Palm Beach Personnel. 8. For additional infOrmation contact Bill Thomas, General Services Superintendent, at (561) 659~8035. For additional contractual information, contact Jaime Chorvas, Contracts Officer, at (561) 659-8036 extension 2061. 3 0d!28/2885 13:42 5518350828 CITY DF (o.,IPB F'AGE :9/:33 INVITATION TO BID SEALED BID #01102-49 TERMS It CONDmONS 1. SUBMI1TAL INFORMATION The øriginal and two (2) cøples of your bid shall be submitted to the procurement Division at the time and date specified. At the deSignated time and place, the City Procurement Official or designee will publicly open the bids. These documents constitute the complete set of specificatlon requirements and bid forms. It is the responsibility of the bidder to Insure that an pages are included. 'Therefore, all bidders are advised to closely examine this package. Any questions regarding the completeness of this package should be immediately dIrected to the Procurement DiVtsion. ALL BID PROPOSALS MUST BE SUBMmED ON THE PROVIDED INVITATION FOR "BID PROPOSALS" FORM. BID PROPOSALS ON VENDOR LETTERHEAD/QUOTAnON FORMS WILL NOT BE ACCEPTED. AU bids must be typed or written in ink, and must be signed in ink by an officer or employee having authority to bind the company or firm. SIGNATURES ARE ReQUIRED WHERE INDICATED, FAILURE TO DO so SHALL BE CAUSE FOR REJECTION OF BID. Bidders shall not be allowed to modify their bids after the opening time and date. Bid files may be examined during normal working hours, after bid opening, by appointment only. Time is of the essence and any bid received after 11:00 a.m., Thursday, August 29,2002, whether by mail or otherwise, will be returned unopened. The time of receipt shall be determined by the time dock located in the office of the procurement Division. Bids shall be placed In a sealed envelope, marked in the lower left-hand comer with the Bid number, title, and date and hour bids are scheduled to be received. Offerors are responsible for Insuring that their bid is stamped by Procurement Office personnel by the deadline indicated. The City shall in no way be responsible for delays caused by any other occurrence. Offers by telephone, telegram or facsimile shall not be accepted. For information concerning this bid, please contact: City of West Palm Beach Procurement Division 1045 Charlotte Avenue West Palm Beach, F133401 {561} 659-8036 4 1)'~/28i 2885 J.3::'2 '::;;:,1335002':: C ITV OF WP3 r:'AGE :.11::::: ~ 3ËJØS/2683 15:28 6598Ø18 RISK MAN~GËMENT --~ . ÐË:C9/:rJEi3 l¡:¡: Zì ~6133::1t::!;j28 C.IïY Or ~F: PAGE 132/63 f'A(£ 6Z/~::! RSSlS..MANAGEMeNT COMPLJANCË CERTIFICATE; AND INSURANCe CERTIFICATES Co/'!trac:: Ann:.ual Contract fer Recreation & Street Lighting Inst;;Uation. Rep~ir & Maintenanc~ Comractor: C.Ft Dunn, Inc. Tliis is to ~ert1fy tnst I have rev¡~wed the required insurarce Cert:fi~te(s) 5'-lbm¡ttsd by the Contractor f~r 1he above Contract, and find thai the Contracto~ Mr;. f\..ir!'\ìshed to the City 3uch Csrtificate(sì af Insurance by compenies acœP'[ab!e to the City with regard to type and amourtt of coverage. as w~1/ as form of notioe, as stloulated in the Contract. Æ~~ Ci1y of West ~a!m Sesch, F!oríd~ ¡"hiS .9 day of ~ ,20C~ CITY OF ViPS PAGE ~ ,-- ,'. _. _I 5518358028 - ..::? '- -. 04/23/213135 13: 42 J-UN. -OS' 03(THU) 12: 10 ACORD! A ·\\'PB. TEL:S61 655 5509 P 002/002 ~ - ;õ; AOt.11I <i;-:;;~IRtïFtCÅii::"b'ft¡rN$ÚA::' '.:" -,,·..·.E;;·-~l·[:·;::;-;/lJ~;:;;~_·)(i;~tftl~c~~ ;~MI!J~' ,I .. :' ., 'I ..::./~'" :..,..;';:,:.,., .:;:,,-:r,...,.;.,~;., ,:·_,~tIiJ',\"".;.;~·,:;:.;,.~W"ir!-M' ,,' ." ,~~...t\·Ii""''''~:'<o,~..I ~1·~"~(.1·"··.·.,·, "'~"\':<: {..- :;,:(I,·.·.,·þ·'r.Ji ,....I.~..,.,:. \,...'j'r _:",!;J'f,,:t!j:"''-;;\:;t !.....t('~.t;.....1..:t- "'f."~·?;':.~ 3 r...,·~", ,""1',......., .."........,'.. ."..,,,,,,,_.~-,,......,~ ,"¡"I,,', ,.., .... .._"'.'.~"".. ..,., ~"I ,~.. .. PIflC1Ø~ CEFI ATE AlA E IN MA ON..\'A CONFER8 NO RIGHTS UPON THE CEllTlPlCATE wo..OEII. T}oIB CEImFlCAn: ðÕRDIA-WPB DIVISION WIiB NOT AMM, MEND OR AL TEJI 'THE COVERAGE AFfORDED BY THE POLICIES 8ELOW. 01 S. FLAGLER DR. .500 COMPANIES AFFORDING COVERAGE EST PALM BEACH FL 33401 HN (~El) 5~5-5500 CCM/'N'fIf A FeCI INSURANt::E COMPANY AX (361) 6SS-~509 I.ImI\ \ QOM~MI' 8 AUTO OWNERS ~1T'T1!JII DUN'N, INC. Cr:NI'!MY C OHIO CASUALTY c/o eRe POPE LANE \ET'mI WORTH, FL 3346'0 COMPANY Þ ~ QOMjO»IV E I.E1TEfI "._;~ ~ 'I:; .>::.'":~:': :~~:'·,.'~'/k·:'. ~~I: ~I·:': : :";'1';:' I ',:~;'!'.~~^ ~:~.r, :.,':', :(j~ .t,,;:-'~:: .~. :~:'1':\, (~.I. >;'. ~ :,.,"f >;~:.,:,.t~:>'~"'.~: ::r,:':;~:':' /.;'.:::I';~::; ~{I:..(J ~ ~·;¿~;~~~J:;~}~~,~..;~~:~~::a!~;~~~~~a;~:;ff;~~:~~~:~ ~t~lTliWtOipgfBf.e&~.m~".~f.Ii'~{~~PER'~¡ r U8 N ~ cON~~J~ HI~ðIES. J!~t;J 8~ ON M~~~\~~B ~ ouci\~Sfflßic ,'1 "'L~ Bi'Jt TYPIICII MclMIICI POUC'r NUMIEII Ultl11l Gl.OOO1~g31 ! 4224291200 . . CWWII BINDtR58621 & _I!I'!I ellUMUAnaN fJOHfC03A4B523 ANÞ EW'IoCI.....1JAIIIUTY OT1IÐI ~ CI' aÞlIM'llaIlU.OCA"nONII'Iftþ¡I':\J!IIII'tcU\~ ntIr.I :J:TY or WEST PALM BEACH. IS NAMED AS ADDITIONAL INSURED WITH RESPECT TO PROJECT 97070048-CITY COMPLEX £,LECTRICAL UPGRADES FOR GENERAL LIABILITY 9-80 ." " ~. '.. " ........ '::~,,'-:'.:, ..,: .; ;~.~.:~. .:." "',~~,":. :.'/.I::,~·;.·.~: ~.';' .;.:,:.... ," '. .~ ,'" \~ f.:';0'ht 10 ..... ;.P~·~·:~ì:';!~;J.··:~:·¡~i··:·:'i'~:~'.·:~1~~í{~~r;:~'~J"jíi~1~{.ij,ijl~ :~~..:';~'~ í~·~~~~~(~~~~~,¡;toÕ~~!~~;.~:~;~~~~r: f .,~: SJoIOULO AtlV OF THE "Ii~ DE8CRIIIE'Q PQUCIEI IE CANOELL.¡;;Þ ElEFOA& THE . '.' EXPtRATIgrH",i'E 11-DEOf. TH! ISSUING COI4PANY WILL. E~VOA TO CrTY OF WEST PALM BEACH "0" NÞ.IL. ..3.0....-. riA Vi WRmiN NO'ME TO TIii CEJmFlCAii HO\J)~ MAMEt! TO THe DEPT Q1 PUBLIC UTILIT!ES ,. l..!!fT. BVT FAILU"E TOMAlL.8UOH NOTice SAAlLIMPcse ~ OIilUGATION OR i' ~ PO BOX 3506 ";,Y UABILfI'V Of Jt.NIt ~N) UPO~ THE co ANY, IT& ..øœ. O~ Aa'JltseI'lTA11VU. WES~ pALM BEACH FL 33402 . ~ ." ·.·:!:~~~~;f;~.:)·:~~.~$y:.,.·.~.~,:··:~:..;·,.;.t:?::~! "._"...&.~.._~_...,~.=-,.~.~""k,_"".."".."-_,,.-. ,., 0<:/L'3/2885 13: 42 5518350828 CiTY OF VPB S~" 29 04 Of!:3t;1a C.R.DUNN. INt . PAGE :4/33 . . 5615851233 p.; ~". ";'~;;'::'::,:(),'.'.;' ~:(;:. ~!:~~:/ ::I::·!;~.';:: .~~n>~;~:( I:~:,,:~.,-:,:\{:, i;é~':¡~';~!~1 r~:)~~~ :,'Tf';·\;· :::}'!:'J."¡j.:·,:II·-i,.~· ::::\~:.~'.: ;::·:>\{'}>..(:r)«:',~ ;~:;;'tr;::::: -: . .-~,-. ·--·-~~l F¡ Atttt.m :..; ·e:e·t'$;I:JIfiI'·£.A':'FE,·t3rF:1N,,1J9.NCE::;·:tJn"'::;::¡ï;'O'3:50',.. 1~E>uE O,\T:! rw.\!;:(:·' I I,i; ,.... .., :., ,~ ,iJ: 'i';i.:.':":~¡'Y~>'·' /",[::',,,,;; i};;¡:,,':><':,:inL' >}:::H~(rÚl ;nHh }~::~!.¡i.;.;:¡d~~~:;';;:'ijfW1.::.:}jç.:¡~ i!:;;:};¡;.':;;;;.; l C 2 i.2 6/ C.. i PROOI:CIt>'\ I THIS CE~Ti¡:ICAYl IS ISSUED AS A Mð.TtEFt ÓF fNFOFtMAi1QN ONI.V ANO .--; , i CONFERS NO FliGHTS UPON THE CEFtilFlCATE "'OLDER TH!S CE;RTIFICATr: : ~cn~DrA.- ""PB DI~'ISI·ON. . I DOES NOT ANëND. EXTEND OR AI.TERiI-IF. COVERAGF.. AFFQFlDEP BY 7KE I , ..~.- -' .. ". " " POL/CIIS 8!.!..OW. , c:; 0:1. 8. ¡::'T-,T~_G T..ER D~. # 60 0 COMPA'" S AF ORD C -.-, . 'EST PÞ.LN BËAC.H FL :) 34: 0 1 - 591-1 i ,..IE F ING OVERAGE pEN ( 5 oS::. ) G 5 5~:5 5 0 () I-~m A AU1'6cWNERS INSCO-·.--------- - I ~ ~~R . ,_...... . -.-_.....__ -_..... ....1 r....,~v1:.'A.\!V .; I""" '\..,. ¡ -_ .-._ .__...__........____..j B FCCI ::tNSURIlNCE cor-,t"'p.J.L I;E:.JtllrD ' LfTT~ " .-.--..-.---..-....-.--..---...-... ..,.. '-- i~' R. .uUNN, INC. C.C1M"M,'¡ C ALITO OWNERS ::('02 POPE LA..~B LmEfi . _J ~,._________ ...___ø,.._...___.._._..... .,',__ -.1 . FeE WOR':'H, 13'1.. 3 34. 6 0 cmMPAM' D .. --.. . I ~.T'P-11 _"_..' ..__....__.___..__..._.._.. __...I I ,~QMl"þN~ E ~ .. _ I....,..,.~p. ¡ þO;V!tRA'<;;p$ i'., I': . ", ;'..> ::,1··..',;..,.: ·',:\'i"r.;,.;i:;{;,,:,;,:t~:'"'·:.·;...>j, '>:". "'/:' ~ '. :,.,' '. ..........¡ '~~j!S 18 10 c::el'l¡:FY '[,-AT THE PÒI,lèIES OF ~I\$UAANC¡;¡ LI~m eE~OW HAVe i3ËEN ¡SSIJEO TO T~:F.I¡"ISWrlr¡t) tJA,\/:. .ED ABC'V:: PIJ:~. T¡.;r: i'OL'I;'I P~;"O¡¡ I ",II)ICAT¿D NO, ",1rH~~,:.JOING ANY RlggtJ:nEM¡;;NT. tERM ç,¡;¡ GON¡IITIPlIIOI' ANY CONta~.CJ" O¡; (HHI~ !..,(j(:I.IMr:::\I't WITI1 FI"5r.'F.Cr~o wHi"H n·w; (,"~CA"IF;!GAt~ MAY 5E ;$$1-II::D CA MAY Ii'ERTM.r¡, TnE 1~I;;;U¡qAII.CE AFFOADI>P ay TI"I6 ?(lLlCI~S DI!!$C.· PI I!':;. D HI!R¡:'IN IS SUB, EcfT:: (\1":" '1",,''; TC'RM~' . b ·L'~,'IOI'·'; ~NíJ CO~·DII ;SN!": CI~ $UGH POllCIE!:r. :":MI'fS SHOWN il4AY HAilE E\E"N F!g:)¡JCED F.\V P"ID .1.A~1?;" .. . "._--"-~'-'" -~..--_..~... _.~~--. ----or-.----.----.....-. .-..1 o I TVPI¡¡ OJ' 'NSlJRANCF. POLICY NUMG~!'1 LOLlO~ eFF¡¡¡r,T1IiG: PQI.ICV !1XPIRMION !..!r,1IïS I m ------!:A't'E 1JI"-110::¢V'(1 oN;; 1'^MI?!~1'fYI 113 1-...~.._.'i:;..:.N..ERAI.:.IMJ¡¡Ln'Y GLO Q01593;2 !03/15/ D4 '103;' 15 J 0 5 !GEN~~.~~~.. .,\ :2 ..Ç.I(I"'-.~'-:....~..) í.:S1 ~: EOI,I\Mf3r,¡CIJ1.. G¡;;"c'IA~!n.l1Y . I :1'I'!OPul:·rs·Qrxo"..'~" M30 ~ 2 (000 0 (\ º 1':'1i: ,..-JI......'<I:i 1\1. Aor L~ ClCCI,JR. ¡ I ~r;;!¡r-.a.ON'\~ ~ AOV. 1~'U"f1.Y--=..~ LJJ.·O r.¿.,~i C;.·~ 1_0\. vr-:rfA'S ~ C:O""'R.CTOI1·~ I'ROT . EAC.," Qr'CL_~~~.--=t~ _f- ..J...:. O.:.!. P.'. I 0 fJ. 9 þ;-.l£9NTRA.C'1'O~S .~ : r FIIi~~f~.~~ tl.._ ..l:9J!.,. () I] ~j , .. NTAG. l\:'R];N _ ' I . , ¡t:ii'1).¡;XP 1.~nra\é'1e'.'on! +__";!..,Ji..'';:'Ç; I~O. """'"' ,,,""u I 42242912 DO -\03 /15 / 04 ,.03,1 15 / 05 1:'J:.>MF.\Ii'lEP GI\!/)'.i' I I L,AtJIY AlIT('I I ~.Ml1 :~ 1. 0 J (j ,or! r~ :..jIAI.LCWINI'J' AU1:'¡ I . 1~'~ïL:,:-~'--' ..-:.1.- -.- .J' 5C/.¡:DIJLI:D .\J'!T'::>S I II'", pt','COn, 1<; ~j~:~:~S^u_œ , ~:~~:,:~~ñ~.~__J --'~'~~~. _.1' õr.;AF'AGE L1A,F.!!d-:-'\~ ! I I ! PI~:)I'€F."'" 1:1A~'P.(';~ I, I -¡ :SINDER62062 103/15/04 03/15/05 ~AC'~:!~R".f""- ;}~_O'~)';l)Ç;i.~i UM9f\EI. A 00";-1' I ~~RF..ßA TE. ; 1 --"","'e~-,""""w14 I ,- · ? . ~'Í~;:!:~;; ,;'>'.__·1 WOfllŒC:'!'H';OMI'ENSA1'ION ,$523 02, ~5104 1°,4/1$/05 ,_ -.-.' , .~. /. I ,F.,oOIi ",OCIr:~~~ $ 5 C (). .') G r' ANrJ .- '. ."-'" -''''-'- I$~Mf·F<:t.lCY L!l>'rf . ~ 500 . COL. I!!MPLO'iI!RS' P.\ABIU'¡Y ¡, bi$~__.. _..__._....Œ.L1 , r- !õï;~>\~!,.ç~ E"PI.C·V£i: ~ !oS 00 . oc;q ~" I I I f I . I .,____.. '-, ~. ",1:II¡MlON 01' OP!RAT10r\¡'M.QCA"ON$,v£"CIJ.!~~"'£CIAl. rr£MS i ITY OF WEST PALM BEAC1-1 IS NM1ED AE ADDITION.ilL J.NSLo"1ŒD WITH RESPECT TO P:R()ut;;:~'::' I 9707004S-CITY COMPLEX EloECTR=CAI, UPGRADES FOR. GENER.AL T...IABILITY I i~~~~i~;~J;)~~;:8U!';i':iFt;u;:¡t;: ·::i·.i;,~'::: ·..I:¡;¡::¡i:;C;!¡:~;!?jr~.ií¡C~~~~:;~~~¿·&~:~~~i~~~j;~~~~~~..~~ ~.~:~~CE~'~~~~;;E TII[ l' ;. EXF'IFATlCN DAT!!: 'rI-IEPlSO', THF-ISf,UII\IG COIVF'ANY 'AALL ~II:O¡;¡I\VO" TO CITY OF WEST PAT-,M :aEACH :,~.! MAll-J.lJ_._DAYSW~rrTENNOnC:I!iTC';\i~CE!'!"'¡:IC"'ieHOI.DE:Ah/f,ME:[n:'·;H;, DEP'T OF KUBJ..¡IC UTILITIES ,,' I"EFT.5:lLfTFAlLJ.IRE TO IIo1A'L SUCH ~QïiC'=.S",A~l.IMPCS~ND OaLIG,,1'iClN C'H I PO BOX 3506 WABIU1VOF ¡lNY KINO UPON TME::;OMJbN!"', lì!'. II.GE'l/ì£QF: ~EP!'.~$~t,·"".i···'":; l WEST PALM B:eACH FL 33402 ;.~M1ZEnEP~C!I!NTAnvE....') ,r'¡~ ~~. l :=.:-:.~ : C . ,I" .~ ~ .J;'...~.... t'V;·. ~ . _ .' ". ....J>..",..... !òoor' "" . A -- ¡ :'. ,. . ". ~,.~ ."'.:~,.. ,,' ",".' ..I':t".., ~ ,,;=";~';:,"',·s· ¡",.~).., ;"1",",',,' ,: "'~"!'. ,; ·'"C. .' . ,I" I):,'"'' " ""r;.'.1 ,,¡¡.~t",>;,1'·,;, .~ ,., : :.' ' . '¡, . . .n" , . " :~. ~C~..t·i!:O~ÞbR.h;1~ON r;)~I' ,....~Q~~~~.~::<:¡~I,:~/:¡:;.:'},. ;~¡"-. .~ :::~:,:,';"~¡.,'::~lJ1 ~:~:' .,'~~:..~" .~. '; .....' '~~ :<~ -.) I~': . .r..__ ___"- ___. 04/28/2005 13: 4'2 5E,l!8350028 C1TV [IF I¡PB FjAGf:~ - olc':: "- Smail Business Division ,. , Tel.' (56') 65,9-8029 Fax (561) 653·2698 Small Business Program Recommendation Report Instructions; use tI'IiS fOrm when a company/firm is being recommendeCl for at\ ~ward Of contracr. a cnarlge orcer, or a purcnase oreer. Depar1m~t Directors 3ndlor their designees are resporI$ib1e for the completicn of this form. Complete thì5 form by filling-in thanformallon requested Ir. Sections I. ana Section II (for contract award) or Sections II and III (for Cnange Oreer). Submit this form 10 !Me $mall Bu$il'le$$ Oivision for approval. YÓIJ can e-mail to Carolyn paul.Haswell as attaQl'lmel"lt ¡"lotus Notes SECTION I. Genera/Information User Department Financelprocuremel'lt Projett Name Annual COnt\'8ct for Electrical Servlce$ Sealeð Bid. RFO. WA. (If" RéquiSition NO. Seale<! Bid No. 01102-49 -- ~ecommel'lded ContractorNendor ·C. Ft Ounn Inc. (Altemate contractor) Is lhø r9C0mmendsd company a certified SB'? YES IDid any 56 bid this orojecti' I~ i F'repareCl 9)1: ArtI'Ivr OeRO$talng I Date: 6/30/20031 SECTION II. Contraçt Award. Attac;h a Letter of Intent (Form S6 07) for each company listed below. Total Conll'actAtnounl Est. $80,000 annually E!tebliehed sa Goal 31 lit No Goal was established, check with an X Awarded SB Goal 100.00 sa Subcontractors sa Contract Amount Percent S8 Office Use CR Dunn, Inc. "To Be Detennlnød 0.00 $0.00 _~ $0.00 0-00 $0.00 0.00 ~_ $0,00 0.00 $0.00 0.00 . so. 00 0.00 SO.OO 0.00 SO.OO 0.00 SO.OO 0.00 Total Awarded S8 Subcontract $0.00 0 SECTION III. Change Order on Contracts - Attach copy of the Change Order C_omM~m I: ~ Previous Total Contract Amt =~:~øAmt . ::$0.: S8 subcontractors S8 Contract Amount Percent 58 Office Use SO.OO 1IDIV/OI $0.00 #CIVIO! sO.CO IIOIVJO! $0.00 #[)IV/O! $O.CO #DIV/01 $0.00 #CIVIO! $0.00 #DIV/O! $0.00 #OIV/O! so. 00 #CIV/O! ¡' $0.00 #DIVJOl Total Awarded SB subcontract $0.01) .DIV/OI SECTION IV. Approval c;~""ml_'la 4.,,;¡a .,Ø..d~ D,t.,?d /~ - 'Sportsllghtør, Inc. is the PRIME on this contract See letter dated 10/25/02 from Nora Laust'r~U(. -- "There are no specific jobs awarded upfront with this contract. These Ctlectrical Sel"'liC98 'ar& on a "as needed" Form SB OS Oé;tOO VI.-CONSENT AGENDA ITEM C.14 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Fonn 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 o AprilS, 2005 March 14,2005 (Noon.) o June 7, 2005 May 16,2005 (Noon) o April 19, 2005 April 4, 2005 (Noon) o June 21, 2005 June 6, 2005 (Noon) o May 3, 2005 April 18, 2005 (Noon) o July 5, 2005 June 20, 2005 (Noon) ~ May 17,2005 May 2, 2005 (Noon) o July 19,2005 July 5, 2005 (Noon) 0 Administrative 0 Development Plans NATURE OF ~ Consent Agenda 0 New Business AGENDA ITEM 0 Public Hearing 0 Lega] 0 Bids 0 Unfmished Business 0 Announcement 0 Presentation 0 City Manager's Report RECOMMENDA TlON: Accept the proposal ITom Martin Fence Co. to remove existing chain link fence at the Tennis Center around courts 1-10 & ]3-14, and furnish and install new fencing at a cost not to exceed $80,010.44. EXPLANA TlON: The Tennis Center at Congress Community Park was developed in three phases. Phase I, which included courts ]-8, the Pro Shoplbathrooms/]ocker rooms and parking lot, was built in 1982. Phase II was completed in 1986 and included courts 9-10, 13-14 and] 7-2 L The fma] phase included courts] 1-] 2, ] 5-16, and was completed in 1996. Exposure to natura] elements has deteriorated the integrity of the fencing and lighting to the point where they need to be replaced around courts ]-10 & 13-]4 (exhibit "A"). This project will replace approximately 2,400' offencing at various heights. Staff believes the fencing around the courts] ],12,15,]6, and 21 is in good condition. Fencing around courts 11-20 may have to be replaced in future years based on further analysis of condition and use by staff. The Recreation & Parks Department is working in conjunction with the Engineering Department to administer this project. PROGRAM IMPACT: The replacement of the fencing will have to be coordinated with the replacement of the light poles. It is projected that this project will take between 5-6 weeks to complete. Based on acceptance of this proposal from the Commission, we will notify permit holders and daily users that activities related to this project will require the closing of severa] courts to provide the necessary area for mobilization of equipment. FISCAL IMPACT: Martin Fence Co. is currently under contract with Palm Beach County (Contract #04-127-PR). The City is "piggy-backing" the County's contract, which ensures we are receiving competitive prices. $305,000 is avai]able for this project in the Capita] Improvements Program budget, account #302-4212-580-63-05. The original estimate for this project was $105,000. ALTERNATIVES: Do not replace the fencing. ~ / /-,.._------------ .' Department Head's Signature City Manager's Signature Recreation & Parks Department Name City Attorney / Finance / Human Resources S:\BULLETlNlFORMS\AGENDA ITEM REQUEST FORM.DOC 1 2 RESOLUTION NO. R- 05 3 4 A RESOLUTION OF THE CITY COMMISSION OF 5 THE CITY OF BOYNTON BEACH, FLORIDA, 6 APPROVING THE "PIGGY -BACK" OF A PAl,M 7 BEACH COUNTY CONTRACT #04-127-PR WITH 8 MARTIN FENCE CO., TO REMOVE EXISTING, 9 FURNISH AND INSTALL NEW FENCING AT THE 10 TENNIS CENTER AROUND COURTS 1-10 & 13-14 11 AT A COST NOT TO EXCEED $80,010.44; AND 12 PROVIDING AN EFFECTIVE DATE. 13 14 WHEREAS, upon recommendation of staff, it is the City's desire to accept the 15 proposal of Martin Fence Co., and "piggy-back" a Contract utilizing Palm Beach County 16 Contract #04-127-PR) for the removal of existing and furnishing and installation of new 17 fencing at the Tennis Center around courts 1 - 10 & 13-14 at a cost not to exceed 18 $80,010.44. 19 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION 20 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 21 Section 1. The foregoing "Whereas" clauses are hereby ratified and confinned 22 as being true and correct and are hereby made a specific part of this Resolution upon 23 adoption. 24 Section 2. The City Commission of the City of Boynton Beach, Florida, hereby 25 approves the proposal of Martin Fence Co., and "piggyback" of Palm Beach County 26 Contract #04-1 27-PR to Martin Fence Co., in an amount not to exceed $80,010.44 for the 27 removal of existing and furnishing and installation of new fencing at the Tennis Center 28 around courts I - 10 & 13-14. 29 Section 3. That this Resolution shall become effective immediately. S:\CA\RESO\Agreements\Bid Awards\Piggy-Back PBC- Martin Fence Co.doc 1 PASSED AND ADOPTED this day of May, 2005_ 2 3 CITY OF BOYNTON BEACH, FLORIDA 4 5 6 Mayor 7 8 9 Vice Mayor 10 11 12 Commissioner 13 14 15 Commissioner 16 17 18 Commissioner 19 20 ATTEST: 21 22 23 City Clerk 24 25 (Corporate Seal) 26 27 28 S:\CA\RESO\Agreements\Bid Awards\Piggy-Back PBC- Martin Fence Co.doc I MARTIN , 'FENCE CO. .~ 862 13th STREET, LAKE PARK, FLORIDA 33403-2383 s E March 11,2005 R City of Boynton Beach v 3111 S. Congress Avenue I P.O. Box 310 N Boynton Beach, FL 33425-0310 Attn: Bob Howell G Dear Bob, s 0 Enclosed are price quote, terms and conditions, standard details and steel price disclaimer. Should you have any questions, feel free to call me. u T As we discussed, the project is proposed to take approximately 30-40 days to complete. H The courts included would be completely closed for two weeks for removal of existing fence and setting of fence posts. After that initial two weeks, you could expect a bank of two courts each to be ready every three or four days until final completion. F L As I also mentioned, you may want to consider using the 9 gauge steel core fabric with a 6 gauge vinyl finish for longer life and less bowing after prolonged use. The price for 0 this option would add $14,500 to the cost. R I Thank you for the opportunity to quote this project. I look forward to making this a success ~ect for us. 0 A S I N C E 1 9 7 9 ,AFA PALM BEACH: 561.848.2688· TOLL FREE: 1.877.777.3212· FAX: 561.848.4466 1Ii~ Residential - Commercial - Industrial I MARTIN PHONE: 561-848-2688. FAX: 561-848-4466 TOLL FREE:,1-877-777-3212 ' FENCE CO. 862 13TH STREET, ~KE PARK, FLORIDA 33403-2383 n~ LlC. # U10591 Date "':tIs lor. SOLD TO: Name ("PrY ()Jó> JnVNrI'rH 'RRArR SHIP TO: SAME Address 3111 g'IPI'R ~ AYmOR City ~~. FrrR~ 1800':!" 10' Phone 742-6575 Businesc>- Total Footage 6g0' ± -:t' Contact JV)R R'1WRr J. ",,~ "J;.;.M~ Pager ' ~.__... . " . .~~ -- , Fence 1<6, a¡ ~ VT1I1VT~ o Top Rail Level o ~ollow Contour o Barb Up o Knuckle Up Top Rail 1 "/~'~.tn aJV Line Posts :l1/~' ~.tn (.XU REMOVE EXISTING CHAIN LINK FENCE ENCLOSING COURTS 1,2,J,4,s,6,7,8,9,10,13 '" 14 AND 2 EACH 24' SECTIONS OF 42" BEWEEN COURTS. Cor. Posts -:tit ~ An carll LEGALLY DISPOSE OF SAME. Gate Posts 7'~~nDu FURNISH & INSTALL NEW FENCING AROUND COURTS 1,2,3,4,5,6,7,8,9,10,13 & 14. Gate5 7 R 71 y ';1 MATElUAL UQUlBED FOR 10' mGH FENCING INCLUDE 3" X 13' SCH 40 7 Ii!!. )' X t' GALVANIZED PIPE END, CORNER AND GATE POSTS, 2 %" X 13' SCH 40 GALVANIZED PIPE LINE POSTS (10' ON CENTER) 1 S/8" SCH 40 GALV ANZED PIPE TOP AND BOTfOM RAILS, 1 %" MESH 9 GA. EXTRUDED FINISH 10 Fr. r 1 5 'Er' s:B 40 DIGHT BLACK VINYL COATED CHAIN LINK FABRIC AND 2 EACH 7' X 6' WALK GATES WITH TRANSOM. ::ore Drills Q\llf MATUIAL REQUIRED FOR 3' mGH FENCING INCLUDE 3" X S' SCH 40 ?anelweave GALVANIZED PIPE END, CORNER AND GATE POSTS, 2 %" X S' SCH 40 GALVANIZED PIPE LINE POSTS (10' ON CENTER) 1 S/8" GALVANIZED SCH 40 PIPE TOP AND BOTfOM RAILS, 2" MESH 9 GUAGE EXTRUDED FINISH 3' HEIGHT BLACK VINYL COATED CHAIN LINK FABRIC AND 2 EACH 3' X 4' WALK GATES. Customer authorizes the SEE ATfACHED DRAWINGS 1 AND ~ installation of the fence in accordance with the sketch and NOTE: DUE CARE TO BE USED IN CONSTRUCTION, HOWEVER, SURFACE DAMAGJ any attached specifications and MAY OCCUR TO COURTS WHICH MARTIN FENCE CO. WlLLNOT BE USPONSIBLJ agrees to assume all liability and FOR WHEN INCIDENT TO UMOVAL AND CONSTRUcnON OF FENCING. responsibility for accuracy of sketches. Total Price $80,000.00 Approx. Delivery Date Less Deposit $0.00 Week of:30 DAYS - All fence lines must be cleared ODe I t' $80,000.00 A.R.O. by Customer or a fee will be c. . . onomp e Ion This contract subject to Terms and Conditions on reverse side. Oral charged -$75 per hourI representation's cannot be relied on. No modifications to this contract minimum of I hour. will be honored unless in writing and signed by both parties. I hereby acknowledge the Atlsfac:tory Customer completion of the above described work. )er Salesman ÌÜI!Kl' <DBß Customer White copy ¡ Office Canary copy ¡Installer Pink copy ¡ Customer PHONE: 561 ~a4a-2688. FAX: 561-848-4466 ,. MARTIN FENCE CO. . JOlL FREE:. 1·877~177-32t2 862 13TH STREET, LAKE PARK, FLORjDA33403·2383 '. -, LJC. # U10591 Date 03/24/.05 .......---- SOLD TO: Name çI'tI OF ISQYN'lON BEACH .~ SHIP TO: SAME .--....... ----'" ".,~.... Addt"ess . 3111 .SOUTH CONGRESS AVENUE IIl"I n 1.....,_~ ....- IIr City, BOYNTON ØBACa, FLORIDA . ---.... 18OÓ' + 10f·n... u_. Phone 742-6575 8uslnesS"~ Total FaotageN~ 6QQ.'_i..J~. .........4& Cc/)~ct- Ø,'JB JDGU,. . Ctilt . M,~:-.O?56:.-_ _ Pager _.._._____ Fence.J8,'t-~ V1NI'f: 1 ......Jb..~ I '111 111 "f"iI T fL. 1'1<1,"""f~" ..._..- o Top Rail Level o Follow Contovr o Barb Up o K nuçkle L·p Top Rail 1 51ft' s:D 40 œ¡ LOT V - VINYL COATED Li ne Pes ts. ?!" 001 «) CRJI ITEM C UOO LF FENCE REMOVAL @6.00' St4,41D.OO J Cor. Posts 3" íI1I-4Q (}iI}f f1'EM 4 LABOR 800 MAN HOURS @10.00 DR $16,000.00 ~ IIfTEM B 73 EACH J" X 13' X SCH 40 @77.Z4 EA S 5,638.52 C/Æ//7 / Gate Posts l' s:H 40 ~ , ArEM B 34 :EACH 3" X S' X SCH 40 (~19. 72 itA $ 1.011).48 :;VIC V ITEM B 121 lACK :1 1/3" X 13' X SCH 40 @49.6() F..A S Ci,UOl,ót{I"It 14")/ Gates_ Z ~ l' Y 6' - /rr'EM B 31 EACH 2 Ya" X 5' X SCD 40 @lf74EA 5 ~80.94 .Mt¿" J 2 fA 3' X 4' ITEMB 1800U'1 %"X9GAXI0·BLKEXTK&K@8.10' S14~'~hff'"Y - ITEM B (,0(1 LF ;tit X 9 GA. X 36'* BLX EXT K&K @1.10' $ 1,:%60.00.. ~,--< ITEM B 4'91 LFl !jI8K X 11' X SCH oW @2.10· $10.'»3.00(/"¡¡'¡;~j / ~ 1 f>1ff' B1f.tD ITEM B 1~7 IACH Z Va" BLVD CLAMPS @).OO EA $ 304.00 (þ tf f~)/ ITEM B 152 EACH 1 W' X t SIfj" LOOP CAPS @1.6S EA S 250.'" (.(; t t/ I P J. ~ . Core Dl"jll~ GAllI ITEM B 107 EACH 3" PIS DOME CAPS @.óO EA $ 64.20 ( ¡p ;.1(5' .J Panelweav6 ITEM B 118 EACD 10' TENSION BARS @4.80 EA $ ~4tI (t'~'~;:í. t . rrEM B '2 EACH 3' TENSION BAItS @2.00 £.0\ $ 114.00 ~ 1,/ ... ITEM B 1148 EACH 3' TENSION BANDS P.£. @.45 itA S ~.1.60 g~ 1- t-~~ ~ ITEM B JJéMCH 3" BRACE BANDS P.E. @.oM :tA $ 168.00 .F I t...!J;L . ITEM B 3'2 EACH í !18" COMBO RAIL ENDS@1.05 EA $ r4U;ðIt"'16-Z,-...J) V ITEM B 62 YARDS CONCUTE @I!.oo YARD $ 5.2'0.00 /' CuStomer authorizes the InM B 304 EACH ¥r" X 3" GALV N4B@.20EA $, 6O.30(I'tr~) / însca.llation of the fence In ITEM B t~ EACH: 5116" X t %" N &B @..1.0 EA $ 1.5O.ot( 11N1()"t,) ./ accordance with thè sketch and ITEM)J 3045 EACH TIE WIa.E @.10 EA $ ~.50 (0101 ¡) ...r-- any attached specìtic::ations and ITEM B 2 EACH 7' X 6' GATES @4~.oo EA $ 90tUfJ%"t./ agrees to assume all liability and ITEM B 2 EACH 3' X 4' GADS @2OO.00 E." $ 400.00 ~c:../ responsibility for accuracy Qf . sketches. a-Z~ ¿ì}!J . ~¡;"¡ Total prlce--..- S60.0QØ.~ Approx. Delivery Date Less Deposit so. 00 Week of: ;J} œ.'¥S A. R 0.. n All fence lines must be cleared" . ~o. 7':t,j.(. by Customer or a fee will be C.O.D. on Completion. ~~" ..-44 . "- charged . $75 per hourI This contract subjec:t to Tenns and Conditions on reverie side. Oral mÎnimum of I hour. representation'. cannot b. rell-ed on. No modifications to this contract will be hono.-.d unless In wrIting and signed by both par-ties. Cu.tom.~ I hereby Kkno~I.. tn. ...tl,t.ctl>fY completion of tne .b~ve óe.cr'lbed 'oW::.rk. )er' Salesman ROBERT L. GRUBE Customer . .I.. Whit' copy j Office Canary copy Ilnsealler Pink cOþ>, / Cuncmðr It ' MARTIN . . FENCE CO. ¿ .'" .~ 862 13th STREEl": LAKE PARK, FLORIDA 33403-2383 ! ì I sl EI ì RI vI Due to the volatility of the pricing, and the stream of supply that we are currently I experiencing within the steel industry, we regretfully mus~ include tbe foßowing N paragraph in all of our proposals untilfurtber notice. G ""The price or prices stated in this proposal are based on prices for S component materials and freight rates, in effect as of the date of this ° proposal. IT, at any time prior to the completion of the performance of u tbe work to be perfonned under this proposal, any of such material T/ prices or freight rates shall be increased or decreased, then in respect of any such work performed thereafter there shall bea corresponding HI increase or decrease in the prices stated in this proposal.» I IF Sincerely, /°1 l\'lartin Fence Co. R 0 QuoteDate Ö-\ \ -a~. A Quote Good Through 5 -"2>\-'OS '" s I N C E 1 ~ I 91 I , .' ~FL4. PALM BEACH: 561.848.2688. TOLL FREE: 1.877.777.3212 . FAX: 561.848.4466 ~"P Residential - Commercial - Industrial h- J' .. q ... .. - . - -- .~ - - - - _ _ .~. j::: ,_ . L-Jß L-' . .. .----- CATALOG PRICES REPORT . , PRODUCT ID DEICRlPTION ~ NET PRlC:J 08010 TIE CUT Al11GAm SA 'O.0N4 08011 TIE CUT AL 9X8-114 f1116 EA 'O.'I1~__..~. .- 08012 TIE CUT Al.IíIXS-1/2I¥13 EA 10.1S" 08021 TIE CUT AL 6)(8-1/4 Ø26 EA $0.4075 08125 TIE CUT STL 12)(8-1/04 SA $O.210a C8126 u¡ cur STL eX8-1/4 EA ~.AS14 08132 TIE CUT STI. 9)(7 EA SUi " PCAT: JA1j¿ Hoa RIMI. PRODUC:r I.D. DESCRIPTION W;W NeT 'RICI! 08120 HOOR AL 9X1·11t1 ððOO ex LB $7.81. 06121 HOGR STL 9X1-9116 2650 ex LB ....0at2 08122 PIG RING 12GA STI. LB $U!38 PCAT: iMn ~(QØ:Q' &" ~ PRODUCT ¡CO D!JI$iNfifQ!:\I uœ NET PIUCI!! 1-4008 WI.DGATE 4X-4 F&S EA $IS. 7175 14911 WlDOATE! 4X6 F&S EA $8UI76 14914 WLDGATE 4X8 F&S EA $88.0000 '-4919 WLDGATE DO 1OX4 F&S EA '1..5250 14920 WLOGATE DO 12.><4 F&S EA '111.2100 14922 WLOGATE 00 12X6 F&S EA '2"1.8000 1JÆ23 WLOGATE DD 10)(6 F&5 EA $,247.5000 14924 WLDCJATE DD 12X8 F&S EA $217.0000 PCAT: .wA Gate Comer. PR99~T IQ DUCRIPTION !.t.OJI NET PRICI!! 02144 GTCORNER BOT PS 1-318 EA $2.Je31 0214:5 GTCORNE1\ INO F'S 1-514 EA "'.21 'Ie 02146 OTCORNER tND PS 2 EA $5.1151 0509:; GrCORNER SPl. AI. 1-318 EA $2.7U5 01109/1 GTCORNER HEX AI.. 1-318 EA $2.1'07 CATALOG PRICES REPORT . 13704 L.G<40 MJ 2)(18' FT '3.1402 1370/1 1.1340 MJ 2X21' FT Þ.~oa 13706 :.a.co MJ 2><24' FT $3.80&02 13708 LG40 MJ 2-112X21' FT t5.4U1 13709 LG40 MJ 2-1/2;<24' FT .SA.M1 13713 LG40 MJ 2-1/2X18' FT "Áa.J. PCAT: jJ!3.L 1. 80% ~ch40 PflJ8 iØQ 180DUC1Q OS~RIP1:ION ijQM NET PRICE 13099 SCH4a.1 MJ ax 18' FT $UW 13101 SCH40-1 MJ 3X21' FT Þ.~ 131D2 SCH4{). MJ 3X24' FT .....34 13103 SCH40-1 CP 3XS' I!A s.o.otØ 13105 SCH4(). CP axr EA ....1U7 13101 SCH4Q-J CP 8)(8' EA $5U'" 13109 SCH40-1 CP 3X~ EA $10.1. 13111 sc,..,~ OP 3X10' EA $70.1741 13113 SCH4Q-/ CP 3)(11' EA $eO.teea 1311= SCH4C-I CP 3X12' EA "0.1882 13117 SCH40-1 CP 3X13' ~ ......... 13121 SCH4().j MJ ")Q1' FT S1o.eoø 13122 SCH4o.J MJ 4)(24' FT '10.80M 13123 SCH40-1 CP 4X6' EA ..ONII 13124 SCH4o-' CP 4X'1' EA $73.1840 13128 SCH4Q..I CP 4)(8' EA $8U735 1312B SCH4o.f CP 4,)(9' EA $t4,5828 131sa SCH40-r CP 4X10' I!!A S110.M~ 13132 SCJ.l4O..I CP 4)(11' !A SUe.1n. 13134 SCH40-1 CP 4X12' SA $12'.1114 1a136 SCH4CJ.-J çp 4X13' EA Sta..ea14 13141 SCH4Q. MJ .cH!l8X24' FT U1.8ítO 13142 SCH4O-l MJ 6-618.X21' FT $21.81tO 13143 SCH4o-l CP S-ðl8X9' EA wuoa 1314ð SCH40-1 CP /1-51&,)(10' EA $229.1021 '31411 SCH40'¡ CP O-ð/8X10'8' EA S2U.1üt 131411 SCH,40.¡ CFt CS-618X12' EA $282.1321 131151 SCH4o.1 CP &-618)(13' EA UN.117t 13154 SCH40-1 CP s..5I8X7' !A U53.2OaO CATALOG PRICES REPORT , 13~S5 SCH4Q-1 CP 6-15i8X8' EA $175.0880 14601 SCIi4O·1 MJ 1-5I8X21 , Pi FT ta.4m 14503 SCH40-¡ MJ 1·518)(24' PE ". $U222 14624 SCH4o..II.tJ 2X18' FT S1.20t8 14627 SCH40-¡ MJ 001' FT SU_ 14829 SCH4o.i W 2)(24' FT suoee 14630 SCH40- CP 2Xe' EA '11.2..17 14ß32 SCH4o.1 C? 2X7' EA $22Äo114 14634 SCH40·1 CP 2X8' EA aUMCI 14636 SCH4Q-J CP 2)(9' I!A $21.1834 14638 SCH4Q-I CP 2X10' EA ,",UT42 '4640 SCH40- CP 2X11' EA S3UMT 14642 SCl14o-l CP 2>:12' EA t31.4I<4T 146154 SCH40-1 MJ 2-i12X18' FT ".2143 ~4ðð7 SCH40-1 MJ ~HI2X21' FT $4.2143 ~4659 SCH4o-1 MJ 2-tI2X24' FT $4.1143 14682 SCH40-1 CP 2-1/2X7' EA S2U9t5 14664 SCH40-1 CP 2·1/2X8' fA $33.7133 14686 SCH40· CP 2-1/2><9' EA $37.9280 141S6e SCH40·1 CP 2-1i2X10' EA M4.2ö1 14e70 SCH-io-I CP 2-1J2X11' EA $fiO.57118 14672 SCH40· CP 2-t12X12' EA $50.5708 141574 SCH4D-1 CP 2-112X1~' EA $54.7841 - PCAT: ~ CJID&lSIICkMoÐ Angle$ PROQUCT tD Dl!aCItlP1lQ~ Ymt !:!.ET PRICE 02416 CNJ LoP PO '-5I8X1-51S EA '1.1138 02417 CAP LP PS 2X1-&'8 EA '1..2998 02418 CAP LP PS 2·1/2X1-l518 EA '1..1. 02419 CAP loP PS SX1-&8 EA sum 02.4$1 CAP DOME PS 1-518 IMP SA $0.8101 ()24!52 CAP DOME es 2 IMP EA $0.7114 02453 CAP DOME PS 2-1/:l :Mf> EA SU72t 024604 CAP DOME F'S 3 IMP EA $1.1.50 02455 CAP DOME PS .. IMF' EA $2.30. 05044 CAP DOME AI. 1-3/8 EA $0.&137 05045 CAP DOMI! AI. 1-5/8 EA $0.6800 05046 CAP DaMIi AL 2 EA SO,H1I CATALOG PRICES REPORT . 015047 CAP DOME Ai. 2.1/,Z EA '4.1'151 05048 CAP DOME Ai. 3 EA $1.11104 060!50 CAP DOME At 4 EA 13.30041 05053 CAP DOME AI. 0-$18 SA $12.Aa.2 050ß.4 CAP L.P AL 1-ð18.X1-318 EA $0.t070 0/10(15 CAP I.P AL 2>(1.3/8 EA t1.0442 05C66 CAP LP At 2X1.518 EA $1.1721 06061 CAP LP AL 2.112X1.S/8 !A $1.7501 06202 CAP DOME ML 1.!SI8 fA SCI.7It3 06203 CAP DOMe filL 2 EA .0."" 00204 CAP DOME ML 2.1/2 EA '1..741 (16205 CAP DOM¡ Ml 3 EA $1.eooo 06207 CAP DOME ML 4 EA S3.0IM oe2t)g CAP DOME ML 8.ala EA $10,Ma PCAT: 1M(( Barb Vorl,.. FItIJfllu PRODUCT ID œaCR"TlON .umt NET PRICe C2040: ew ARMew 2.j/2X1-õ18IMP EA ".G777 020491 ew ARM SW 1-5/8X1-.518 IMP EA 13.0154 G20501 8W ARM SW 2)(t.SIIIMP EA Þ.0854 C20!S 11 BW ARM SW 2.1/2X1-5/8/MP EA .3.0.14 Q20581 BW ARM IIR 1.5J6XI.~J8IMP EA 53.7889 020591 BW ARM VA 2X1-5Ið IMP EA 14.2767 020601 5W ARM VR 2-1I2X1-õJ8 IMP EA $4.214. 06071 ew COR aw ML 2.112 EA $10.1003 06072 BW COR 3W 14. S EA '1.1.351. 013073 aw COR 3IN ML4 EA .,5.21$1 PCAT: ~ BaN EfId&lAd.Dton PRODUCT IQ DEi8CRIPTlON ~ NeT PRICE 02112 ~l.ENO OFFS!T PS 1-5/8 EA $1.1270 02199 Rl!Nb COMBO PS 1-5'8 EA '1.1270 05058 I'U...END OFFSET A.l 1·31. EA '0.7180 05059 RLEND OFFseT AL Hila EA $1.0117 05080 RLiND ADAPT AL. 1.3/8 SA 'U1.5 00223 RLeND COMBO ML 1-518 EA $1.07'.Z1 - CATALOG PRICES REPORT . PRODUCT ID QE8CRIPTION umt NET PIUCIi 02041 St.EEVE i-31IXB EA $1.077' 02042 SLEEVE i·alexe EA ".2131 PCAT: 1A1tl a...&lPllltøa/t=ianrøa PRODUCT aD DE.SCRIPTlON J¿QH NIT PRICE 06076 BASE FLFLANG! ML. 2 EA 112.41. 06077 BASE FLFLANGe Mt. 2-112 EA '14.3.1'" 0tI078 BASE FL.FLANCÆ M¡" 3 SA $15.2112 16190 BASE PLATE STL. 114)C6X8 eA $1.1721 16191 BAse PI.ATE¡ aTL 1/4X8X1S EA ".2127 16248 BASE PLATE STI. GA 1/4X3X6 EA . $2.2822 PCAT: .wi ~ PROðUCT ID Dl!SCI'UPTION 1I.QtI. NI!T PRICE 02155 Cl..MP eRe 1-3.I8XHJa PR EA $1.01503 02157 CLMP eRe 1-ð18X1-5J8 PR EA $1.2063 02158 CLMP ERe 2X1-3J8 PR eA $1.2382 02169 CLM? Eftc 2X1-5I8 PR EA '1.3~72 021151 CI.MP KeN 1-5/BX1..sm EA '1.80JA 02181 CLMP ERC 2-1/2><1·5/8 I!A $1.8888 02182 CLMP ERC 3X1-ð/8 EA $U049 02186 CL.MP LRC 2X1-518 EA '1.7N1 021811 C¡"W LRC 2-1J2X1-ð18 EA S1.2114 0218; CLMP LRC 3)(1-11/8 EA SUI., 02195 CLMP LRC 4X1-61S EA $2.4381 02249 CLMP LRC 1·ð/BX1·3I8 EA $'1.4321 02250 CUIIP LRC 1-31BX1·3I8 EA $'1.6475 02251 CLMP LRC 1.5IBX1-ðf& EA $1.8227 02252 CLMÞ LAC 2X2 EA $2.5501 PCAT: 1Mð T MaiM 8Itl1ds PRODUCt ID DEaCRIP'tICN WM NI!!T PRIC& 02222 TENBANC PLN 1-3.18 Ell $o.s328 02223 T!NeANC PLN 1-618 EA fO.3t4S a2224 T!NBANC PLN 2 EA $0.3134 -, CATALOG PRICES REPORT 'WI rrWAND P!J.I2'1I2 i!A 02~~ 1f.~.1.N' 10.">7 i!A om7 ....... T&~8ANÐ "UI4 EA ".7N7 ann ~ RVZ~1/2 .. ".fIU 022':!'J 'ff.NIr.ANo BEV , "' 10.'21:1 . 02215 't1tNltÞ.Nr,uv" .. ".1'" =, T!f(IAJ\IO eev 6-618 .... ,..- !'CAT: J6;i -- I!ßI¡¡JJ¡~ jQj .IIIU8IIa om. ItRC8AICJ ~ hW iA ...- om. MC8MID M 1-1t6 i!A 10.1111 CO2" BAC&ANO ÞU< 2 "'" IO.AU, OU31 IIWtCaNW PLN 2·"1 .. 10.'" 02202 MCIAND ""'. tA ...- 022.. ~PU;. .... 10.... OZ284 a~c UV2.1!2 ¡. ID.I'. ..... !JItCBAIØ SIV :I r. ...- 02287 BAC8AND BlV .. .. 't." 022&9 IRelAND SlV &6tt EA 12._ ~l: J.ue - t!!!IQIISlJ2 JIIISIIttgj - !G.l1IIQI -.. TlN!AJt m. t.'!)Uf 8C Eo 11_ """'" TJ,NBAR .sn.. &IXIO ec r. þ.tOll 0.""". 1E.NBM STL MX12 IC .. $2...... O-'On "I'I!NII.AA en.I'4X71 I. "0414 0....J'4 T'a4ßÞ.R Iil. 3I4XM EA I).W1 04{J15 TeNIAR S11. 3f4JWd i!A JUt,. 01011 TENIAIt m 3/4,1(120 i!A ....11 ""'It r~M.IIt liT/. :wx..... .... ....... !'CAT: ;üI ÐuuJllt:ð'/llPfIwtt ~ IIIIG.III!!IQ WIll lint..... Q20M TI'iIU88 TJOHTN PI .... ,.~ ..... 'T'It\JSS Itoo sn Jlax" IMP ... ........ PCAT: ,W¡ ~ ~ IIUaSIt!IQ \jgM .!!II.!I!IIZ ""'0 HOGft Al. ~1.'. eaoa Þ. LO ....... !""21 MOOR an. Þ1,'-11!1 t.NO ex co ....... ~122 Pia R»fG UQA STl u¡ 1:1.l1li !'CAT: 1MQ WØala R.u AAta. ~~ I/QI t!&UIIa ""SOl W~Tl4XØFU .. au. '111' 1""11 Wl.DMn4.Q,.,.. iA III."" 1~14 WLDGÅTE 4XI ~U tA ....... 14;1. WL.OGATI ÞO t~,... ..... $1N..... '..20 WLDOAT£ DO t2)r.4f&S i!A ,"'...... 1.&822 'M..DOATE DO 12)(5 ¡rl. .... t.:ao.1IOCIO UU3 WU>O.ATI! DC 1QXt1 "u; ... U67.11X1ò ,.t2~ WU>GATE 0012)(1 tIS .. _.- !'CAT: Jü! -- ~~ JI!II IIW!IIIIa IJ:'t.... mCOAN£R; BOT' P1!!11-H !A ...- '2144 OTOOANEft iN!) PS 1·511 EA ....... 1J214d O~alllilJf'SI i!A "'t1'&7 '5COO OTCORNER 8PL. AI. 1-&1 .... 51."" 0"'''' GTi"..oIltNII'li'tfXAL.1-3t!1 .... 12.1'117 CATALOG PRICES REPORT . PRODUCT ID DJ6CRlPTIQN ~ l1U?..J3Jj¡J¡ 064~!i CANT-L.ATCH ML 3X2 EA '11,33"3 Oe426 CANT-LATCH ML 4X2 EA '18,1628 PC AT: M.M Gate Hardwll~ PRODUCT ID DE8CRI~TION .ILQM ~ET "RICE 02382 GTHDWE SWG ¡:-3IB TUFLlNK EA $12.95&1 02384 GTHDWE DO .2-318 TUFLlNK eA 111.48. onae GTHOWE DD 2-112 EA $18.8412 PCAT: 1MQ f!!ID PRODUCT ID DESC~IPTIOIi ~ Nn PRICE 1'10002 BOLT CB 5I16X1.114 EA $0..713 ~ '0016 eeL. T CB 3I8X2 EA $0.1516 10017 BOI.T ca 3I8X2·112 E;A $O.1~70 10018 BOLT ce 3/8X3 EA $0.187$ '0019 BOLT CS 3I8X3·112 EA SO.2356 PCAT: 1A8G SIITbed \rVfro PRODUCT 10 DESC~PTION !U2M NET PRiCE 08217 aWIRe 4PT CL 112·112GA RL COIL $100.8000 0821~ SWIRE 4PT CLg 15-1/20A RL RL $83.2815 Oð220 BWIRE 4PT CL3 12-112GA RL RL f122.3818 PCAT: 1M.L TfIlIsIon Wltu PRODUCT ID ~Ç8IPTlON Y2!4 NET. PR~E 08195 TENWIRe CL4 70A RL AL $140.&221 C8204 reNWIRE AZ. 7GA RL COIL. $1~5.3275 PCAT: 1ASL ~XJothIBarbt.,.$M. kid!! PRODUCT IC DESCRIPTION .Y.Pl4 NET PRICE 08208 SMTHWIRE G5 9GA RL COIL '131 .0624 08212 WIRE BAR6LES6-104GA RL $78.2212 t CATALOG PRICES REPORT . PRODUCT 10 DESCRIPTION .IQM NET PRICE 16182 BARBTAPE 08 18' COIL $eO.OO75 16183 EJARBTAPë GG 18" COIL. $43.4oa8 PCAT: w.ß. ~tud.d eeL PRODucr 10 DESCRIPTION &QI4 NET PRICI 01875 ex ~X9X48 KK SK FT $2.7277 01876 ex 2X9X&O KK BK FT $:1..101 0187e ex 2X9X72 KT BK FT $4.0i14 01880 EX 2X9X84 I<T BK FT $5.3037 01862 EX 2X9Xge I<T SK F'1' $1.0516 01998 EX 1-3I4X9X120 KK 91< FT "..AD7. PCAT: 1ß1.Q ExtrudÐd/Bol'ICIed CCL . PRODUCT ID DE8ÇRIPTlOH .!.12M NET PRICE 01993 ee 2xeX48 KK 81< FT $8.0"8 01994 68 2X6X60 (K GK FT $7.'244 01995 I!S 2X6X72 KT 6K FT $~.1A88 01996 ee 2XeX84 KT 8K FT $10.87'58 01997 EB 2X6X96 KT 6K FT '12.1999 5~814 EB 2XBX120 KK BK FT $Q."354 59820 EB 1-3/4X8X120 KK 8K FT $12.1'f13 pCAr: 1B1E EII~éd/Bõlldêd eCl PRODUCT ID DESCRIPTION .!lQM ..liT PRICE 59755 FB 2X8X46 KI( SK FT 18.2341 597~8 Fe 2X8XðO KK 8K FT $7.T1UI 59761 Fe 2X8X72 I(T SK FT $U878 59167 FB 2XBX84 KT BK Fi $10.1281 59773 F6 2X8X96-KT BK FT $11.1837 PCAT: J.Mß PIlwder QRaled Tubs PRODUCt ID D!SC~PTION !!QM N{T PRICE 015301 PC MJ 1-318XeeX21' $Ë BK FT 11.'H7 65304 PC MJ 1-5!8Xð5X22' sæ flK FT $2.5866 .... Iii ~ ~I ~ U- 0 r ......, , - .... . I g@ ~ .. -=- -:.--:- :-~ .....: I ~"t ,":~>.·~w ...,:"' I ~ I / Q ~ .; a:.... I ~8 z ~a 1ñ ~ I 00 0 ~&u 0 \ a: CD:!: (1)0 W ~ « wi=" zz: :!Q .J CD UJ« ¡¡: lU \ ~ z ~::> 1-'" ::> I 0 _2 fI) 0 ~ J: 0- ¡¡; ~.. 0 0 _0 ~~ z « w 0 ~~ l- I :2 x « E a: § I- a: U ¡ ~:~~~~c~~ - - W w « I- W a: I z I- (5 Z 0 8 a: z « w .....J w~ üw zc Wz c ..... u..o ~ Ó '(;;) ~- <n '- a:~ .' ~ ¡;¡ =>:;> £!. n:- Ow !ñ È. ü.....J ~ 0 - (/)w 1: "- IU ~ -.....J ......... IU ¡:: Z« ~ z IU Zü a: '~ ::¡ ~ w- I:> I 1-0... ~ ~ I >- IU ~ ..., ::.\ 0 c:: \~ "- } þ ... . '" ..... ( - --- ~- -- CD ~ -=..~--- q ... . I -'« ~ wa: ~IL 1- I 0 2 0 '\. 0 , C'-j IU . .... , ~ .~ UJ ~~~~.~~?-?~ ::¡ 0 '" ~ CL ::> ~ (I) ~ '0 I , ..... L/ ~ ò E <Ii 13 uJ ~ ::> ~CL '8 0« 00 I ii. I ¡¡¡ ~ ::Ë l, I 0 ::i: UJ t:: 0; 'NII'V ..9& ::¡ ~ ULS~J. '" ::> @ '" ~ (f) ~ ~- c CD ~ ~ s: ~ 1 -< E !:-'d-''-''-'~} m 0 CD f -< , . 0.. .....J:. ~ ')) ~ :; ~.' 0.' I '\.~. ~ > 0 -; -; -; z> m m m þl OJJ Z JJ Z JJ m ~ z~ ~ ~ u> > JJ I c> 0 Z Ô ¡= ~ ~ ~ -;G) Z > Z m Z I u>m !D r !D Z > ~ . ~ ~!D > "U > 0 r I\S IO Z 0 JJ 0 -< " Or 0 u> 0 ~ m :::. G)-; -; ~u> :s:: ~~ ~ 'r1-~ m 0 ~!D > ~ S60 or "U . ::!:::t zm zm ". 00 m< ~ i Ilr' c: om Z -; m Ô "U Z ~ . :--. 00 ); . >u> "U-; r ~ .::I ~\ å ro - K ........~. <'.... ~ --'--- ~ ~ .::-.~ .'~.~ :;.~ V\ ~ ~ 0 c: 0 Z Z ~ ~ 1 m Z m "U 0 , lu 0 -; u> -; QU> -; 0 "U z:E ~ JJ ~m >0 õ1 > rG) > ¡= .::1m "'- !D JJ u> 0 m -:::¡ r II < -< > "U G) '( :E m m :D -- / m :» 0 u> 2 JJ 0 I m N GJ () 2 -; Z I -< m ::; JJ m ~ m :» m m ~ JJ () () -< Õ JJ ~ 'f >", ~ ~'~~~'~~I\_' 1-.. -- ~~:-,:::",._. ... ~ . - ,"I . ,..) .... ";"'t .' { "TI :Ero ~ñJ~ ~~ () -:» ~ 0 en 2 ~c;:¡ "TIC;:¡ "UGJ "Um "UO JJro "UC JJc! JJ JJJJ JJ2 s: - Q "U:!; ~:!; O:!; 02 00 ~~ §2 ~"U ;:: mro m(l) ro ' m "U O~ m mm;::m~m~O~~ro mr:E m Õ "' JJ '- ~ 0 õ ;= ~ m (J) en (lJÇJ m en ~ 2 0 m ~~ :x 0 m ro ï "\ -< ~~ ~I N ;:: (I) r-::o 0 GJ "' m "U Þ ?> ,,(I) m 0 ~ . , . I I (') nl . :¡¡ -;.. " GJ ñ "~~~ :>- ' I~t I ~~ c !f ~ ~ \)J ~ GJ m ~. ~ ~ ~ ~ õ ~~ (I) Z m (I) ~ .þ. ; ~ ~ ~ .\ . . ~ \ iii, ~ ~ ¡¡; ,'" m UNFORESEEN CONDITIONS The price quoted does not contemplate the encountering of rock, swampy conditions. boulders larger than the holes to be dug or othel atypical soil features. If these conditions are encountered and additional labor, equipment or material is necessary for the setting of the post, a charge for labor, equipment and material will be agreed upon prior to resumption of work. FENCE LINES In consideration of the price herein quoted, the purchaser agrees that the fence lines willbe clear of all obstructions and that the lint::s will be properly marked by him by stakes or otherwise. If contractor is required to remove any obstructions in the fence line or any excess soil excavated from post holes, a charge for extra labor will be made on the basis of $75 per hour - minimum of 1 hour. It is further understood that customer is responsible for any damage t() underground cables, sprinkler systems and all public and private utilities including under· ground installations such as electric conduits, cables, tanks, water lines sewer lines, e!c. If it becomes necessary to work around or remove any of these obstructions. the customer agrees to pay extra expense of same on the basis of costs plus 15%. The customer agrees to assume responsibilty for any damage caúsed by drilling and lagging into cement walks, seawalls or any poured concrete structures or buildings. MEASUREMENT Martin Fence Co. does not assume responsibility fo~ lot lines or layout. It is purchaser's responsibility to mark all comers and lot lines for purposes of construction of the fence. Martin Fence Co. will make a charge for moving of any fence that is later found not to be on the lot line if customer has staked the lot lines improperly or has not furnished a correct and accurate survey with all lot lines delineated and corners marked. -.. DELAYS Any delays which are caused by the customer will be subject to an additional charge by MARTIN FENCE CO. If any additional trips are required because of changes or delays by the customer, the additional charge will be agreed upon prior to the resumption of work. If delay is caused by any theft of materials or damage to work in progress, the customer agrees to be responsible for all costs of repair and replacement and any delay damages. GENERAL CONDITIONS All agreements are contingent upon strikes, lock-out, riots, fires, accidents, acts of God, floods, war insurrection, embargo restrictions, carrier delay of failure to receive raw material deliveries or by other causes whether or like or of a different nature beyond our control. All prices quoted herein are subject to change without notice prior to the execution of this agreement. Unless otherwise specified, materials purchased hereon are not warranted to comply with ASTM F761 Standard Specification for strength required of steel posts and rails for chain link fence. CANCELLATIONS No cancellations will be accepted unless in writing within 72 hours after signing the contract. If purchaser decides to cancel this c~ ¿to. within 72 hours purchaser must notify MARTIN FENCE CO. By registered mail or telegram. No deposit will be refunded after a 72 flour period. If order is cancelled after 72 hours, purchaser agrees to pay the costs of materials, permitting fees, and expenses incurred in preparation of work. ITEMS FOR CASH SALES The customer agrees to pay 1/3 deposit upon execution of this agreement; 1/3 of the principal balance when the posts are set. Customer agrees to pay the balance upon completion of the job. Customer may deposit 50% upon execution and balance on completion if desired. This contract is binding on heirs, executors, assigns and successors in interest, until paid for in full. The Title to and ownership and right of possession of the material covered by this contract shall remain to the seller. MARTIN FENCE CO. until fully paid for. In case the purchaser shall become insolvent or refuse or neglect to pay for work herein provided, the seller may, at its option, without process of law, retake possession of any or all materials wherever the same may be found. The purchaser further agrees to pay a reasonable attorney's fee incurred in any collection prOCess including any appellate proceedings. Purchaser agrees that the venue for any and all legal proceedings shall be Palm Beach County, Florida regardless of where actual work was performed. After 30 days, a 1-1/2% interest charge per month on any unpaid sum& will be charged. Customer agrees to pay $50 or 5% of face value, whichever is greater, on any returned check. SKETCHES The approved sketch as noted on the other side is for placement of tence. Customer agrees to assume all liability for encroachments and accuracy of lot lines and corners. GROUND PLAN OF JOB .~,~~ ~:~;:.:::;:~:;;:: ;~:.~~:.;::o-.:'.~.... ¡' .~..'. >-..:-;,..;..;..:' ....="":::..:;:......:.~.;.. ~~'l!::...;.. ~~ ..... .. ......" ... or.. "¡,J'.. .. ........,. ·t#.'.~~:::'." ~. ..'- r.Jf1I¡. ...... -.....,... ". .. J".,. s.~ .;-?}. i~~~~·~:?;_;=;:1 ~~~. ,-:,~~ ~~j~\{~?1.~·t;~~t]:2::~·s:;_·· .. .~-.............. - Follows contour of ground. Fence top will be curved. TOP RAIL STRAIGHT - Leaves spaces beneath fence if ground is not straight. Barb Up Knuckle Up , · .J t-,- Rb H' , . .~. '·<1' '. ,'- ,:) I'~'···~"- <.' ,¡j" .." .',. ,'"': ..~.'~ ! ~~' , - ,,¡,: ~-~--,: ~ , " Ii _.;~'I!.~---"';', .' ",r, ' ... ..' "~.' . .." :';;~i :'J', ..¡·~F .,~¥ t· ",', .,. . '¡'., ' '¡ i .' , :ç~t' . '.1':' ';c . I ~ ..."' , I e.. , . - '. .... . ' ~ H''''" ~,-_....:_..:..,"""", ~ þ.- . ,. . . .. n.....'"". ~, ..' ~,"'!i. I ..'~. : '.&", ...... .... . " . ..f.....';' . .... ' . .. ;i. .. (' .. , . ...... *.. 'é \." ' '.j. " ., . ! ., '. '~\,". . 1 ;.-,.~;.,I .' _.. 1 ,~¡, "'\1'" .: .', ',,}, " ;' 'I. ;~¡' '. r ,.,.: ":f"" " .. . . ¡ . .... ,f;./~;. I:· 0';; .' ¡}/ . . ''''''i ,.t· f ;ft.:.~. . '.' ¡ J~ li.,,', ., ¡ ~ . ~, , "'-.. . ¡;: , ,,' , .'....... '.... . . . . '.''- le..,.,. 'cO I ',.. '··I,t..t .: ." . ,. ""; I' ,.'~ '.'~. ...... .' . . , , .,' '. . ,I ' < .~~ ....j"" '; ,....'......... ,.....Ju¡ :.,.,..é' F I· .............."..'.....'.......-............ ,. .' 'f, I .. '1" 1. I:'" i .\' I. ' ,J I ,~ . "I· I "'. . I '" ~,;.¡.. ~.. ~ ì(¡ r~' : ~ ·tt~ .~. I . , i'f.... , .. ". -- -- li.,'g;;,f 1".- I : " -, '········~·.·'·.·t.···.~.·.·.··· .' ., '. '-,-~ _c. ~ ·f. ~; ~ ,t. - I . .~ , ~ .J â " lj .A··.. .. [': ,rf' '¡i/'"'11 , '¡;;".. . .~ ,h.· - '1. " \.., , ,", ¡:,,.,- . . . . i' ~.: I~"~' I l,l{:jJ '¡~::~, F--,c: ... iII!~ .;. r'"' ,..,." - - -~- ¡ . _ ~ "''\1!!I!I!t! i ¡ ·t -. ~- '~"< I" . . ~tír . , Î:'-~' ~ ~ .... ì 2'>- ! ,1'. .>'" j,.;.d·'· L -' ,. . \ . ""t-"-'_ . . ,.. 1 ....... ~ ~ .' 4 "., ~ ' . 'jA' 1~~' ..~... .- r it·, ,," 11 ' ' 1 . Ii' ~. 1 , - :....',' . i , L i, r . .. '·Tl"r¡0~'Y~r., , ,1_b>..~ -"-- ~ ,,'- C c:iú rts ~. 3~14 i~ ' ., " ,,' ' ) ..-_ ¡ J. . . ,··c·····"'?... J :!' k i ¡ ¡ l , , f" ., .~ .it "'t "\ ~ ".1: . \ "~ V '- ~> \' ,~ i VI.-CONSENT AGENDA ITEM C.15 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 o AprilS, 2005 March 14,2005 (Noon.) o June 7, 2005 May 16,2005 (Noon) o April 19, 2005 April 4, 2005 (Noon) o June 21, 2005 June 6, 2005 (Noon) ,~-~') o May 3, 2005 April 18, 2005 (Noon) o July 5, 2005 June 20, 2005 (Noon) t.~' ~:; ~c.-~ --I , rg¡ May 17,2005 o July 19, 2005 .);"::"3> '-<0 May 2, 2005 (Noon) July 5,2005 (Noon) -- -" - ,.......,.., - ' (.:J -".- .-<: ~'.". -".. 0 Administrative 0 Development Plans ::"'pa .- ~ "./'-j --1 ~ .0 rg¡ Consent Agenda 0 New Business - 1--:-,,- NATURE OF - ._:;¡~ .. ....qQJ AGENDA ITEM 0 Public Hearing 0 Legal C:) --nl ~-J ,:Ç~ 1> 0 Bids 0 Unfinished Business . n ::J:: 0 Announcement 0 Presentation 0 City Manager's Report RECOMMENDATION: Motion to approve and authorize the execution of a resolution for Addendum I to the Grant Contract with Florida Communities Trust to extend the grant contract deadline from June 1, 2005 to September 1,2005. EXPLANATION: The Commission on November 16,2004 approved the original Grant Contract with Florida Communities Trust for $1,713,000 of Florida Forever funds towards the purchase of Jaycee Park from the Florida Inland Navigation District (F.I.N.D). PROGRAM IMP ACT: The City has provided Florida Communities Trust all required documentation regarding the Jaycee Park land purchase. The Declaration of Restrictive Covenants and Grant Award Calculation Statement are being processed. The extension will ensure that the City and Florida Communities Trust have adequate time to fulfill the requirements of the grant award. FISCAL IMP ACT: This contract will allow us to receive funds that will offset City dollars spent to purchase Jaycee Park from F.I.N.D. in August 2004. ALTERNATIVES: Not extend the Grant Contract and possibly lose the funding. Department Head's Signature r/'c;¡y M""age<" Signature Recreation & Parks Department Name City Attorney / Finance / Human Resources S:\BULLETINlFORMS\AGENDA ITEM REQUEST FORM.DOC 1 RESOLUTION NO. R 05- 2 3 A RESOLUTION OF THE CITY COMMISSION OF THE I 4 CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING 5 THE EXECUTION OF ADDENDUM I TO GRANT 6 CONTRACT BETWEEN THE CITY OF BOYNTON BEACH 7 AND THE FLORIDA COMMUNITIES TRUST (FCT) TO 8 EXTEND THE GRANT CONTRACT DEADLINE FROM JUNE 9 1, 2005 TO SEPTEMBER 1, 2005; AND PROVIDING AN 10 EFFECTIVE DATE. 11 12 WHEREAS, on November 16, 2004, the City Commission authorized via Resolution 13 R04-199, the execution an Agreement between the Florida Communities Trust to provide 14 $1,710,158.50 which is 50% reimbursement of the final project costs for the acquisition of the 15 Jaycee Park property from Florida Inland Navigation District;; and 16 17 \VHEREAS, the initial term of the Grant Contract expires on June 1,2005; and 18 19 WHEREAS, the parties desire to extend the term of the Grant Contract. 20 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" c1auses are hereby ratified and confirmed as 25 being true and correct and are hereby made a specific part of this Resolution upon adoption 26 hereof. 27 28 Section 2. The City Commission of the City of Boynton Beach, Florida does 29 hereby authorizing execution of the Addendum I to Grant Contract with the Florida 30 Communities Trust, which is attached hereto as Exhibit "A". 31 32 PASSED AND ADOPTED this ~ day of May, 2005. 33 34 CITY OF BOYNTON BEACH, FLORIDA 35 36 37 Mayor 38 39 40 Vice Mayor 41 42 43 Commissioner 44 45 46 Commissioner 47 48 ATTEST: 49 Commissioner 50 51 City Clerk S:\CA\RESO\Agreements\Jaycee Park Funding from FCT Addendum I.doc l .g~~-'.,~ --..........""'........ ,"~,~~"-.........~---p~"'"." - cr -1 ì_04-f1- p..1-023 fef Conltacl 1'!o",ber 05· úS'f fLORW/'. co~~\Jt'!nl£S 'YR ff4 /'.watd 1'!o",bet ()I\.023·ff4 J/'. 'iCE" V ¡\RlZ /'.CQÚ1SIT\01'! p.DDE1'!D\J~ 11'0 GRi'i'\1' C01'!1'Ri'C1' FLORID/'. CO~~\Ji'\I1'1ES . b d be,ween ,he .,~ 1'!DÚ~ 1 is en,ered ,n'o ~ an I . da Dc¡>art",ent of CoJ)111\°n' 1'R\Js:i~~~~~~~ ontegolatorJ a genc~ ~~hi~ t::1 ~::;~:n~:fthe State offlorida (Recipient), F BO'i1'!1'01'! BE/'. ' a 0 /'.ffaits, and C\1''i 0 2()O5. this da~ of ..---------------' ____________. II gtee as followS: FOllli fef and Recipient ",otOl' ~ a t'I oW 1'HERE ' hi .h sets fonh me conditions of . G ant contract "W c . /'.S, the panies h«eto enteted ,nto at. ot to the teceipt 0 [the feY flonda fOto~« W~£~~o~aI mat ",ost he satisÜed b~ Rec\l'~nt,)nt Site sobse'loent to its ac'lots,HOn w,th 'he concc¡>toa a .' that ate i",posed on me tolec a"Ward and the restDct10ns fC1 florida foto~et awatd; . . .' f the GtaI\t Con"act e>-pitoS J one I, 2005, W\-l£REA-S, the ,n,'tal te"" 0 It 2 .' . wim v£R1-0D Of /'.GR££M£t'l1"patagtaV wn£R £/'.S, ,he f C1Rec\ p,ent ,n accotdan~~.1 .009(5), f ./'..C., haS tjJ)1el~ sob",'\teó to feY d . ~.\ance "W\ù\ Rule of the Gtan' Con"ac' an ,n co",pf ,h Jone I 2()O5 deedline; t f r e)l.tens\on 0 e ' a wti\ten to'loeS 0 It I {the G"nt Con"act staW GRE£~Ð'1 patagtap 0 ] m W\-l£RE/'.S, ~ OD lflC/'.110t'l Of /'. . ot to fC1 gi~ing f",aJ ptoJ ecWlan appto va to ú: that 'he agteetnent ",a~ he "",ended at an~ ~'~~\~ a wri\ten ins,J)111\ent and agteed to b~ both .' t N1~ agteetnen' ",ost he se 0 RecWwn . Recipien' and fC1; fm Gtant con "act as ptovide<! d . '0 e>-tend the tenn 0 e W\\£R£/'.S, the parties hetoto eS\te Role 9",1.009(5), f ./'..C.; feY d R£CWIE1'fY ",otoall~ agt"e as followS: 1'!OW 11\£R£fORE, 'he an . 1V£R1-0D Of /'.GRE£~£1'fY, pat' I 1'!o,withS,anding me 1angoage ofSecHon c· ptO tonc as 'hoogb i' had not la, . n' hereh~ agtcc to te~we " non 2., the ra \eS accotdanCe with paragtaph 1. 04_023-ff4 february 2,2005 GCNAD.l 1 2. In eVery respect 'his a e d . had hath· .' lOn lOem IS to he COnstru d SIgned It hefore IUne 1 2005 e and applied as 'hough th . ' . e parhes 3. T he Grant C on trac , h y and b etw SeptelOber I, 2005. een F CT and Recipient is hereby t . ex ended l1ntJJ This AddendulO I and the G AU other le1'1}]s and condir rantcontraCI eInbOdy the enlire a UIlCh"'Jged JOns not speCJIicalJy referenced in th. gr"""'enl between 'he Parties . IS agrcelOe I. . 11 rel11ain the sal11e and IN WITNEsS WHERE OF, the Parties hereto have dUly eXecl1ted this Addendl1l11 1. CITy OJ? BOYNTON BEACll FL01l.IDA COMMllNITIES 1'11. llST By: Print Nal11e: -------~ By.- Title: Ianice Brownin D' . . H· g, Jrector, DJVJS;on of Date: OUSJng & COl}¡lOlJnjty DeveloPlOent Date: IPPIoved as to Fo1'1}] and L r Y: ega ity: Approved as to Fo1'1}] and L r jnt Nal11e: By.- ega lty: Kristen L. COons Tru t C > s Ol1nsel ?OO5 2 FCT Contract Number 05-CT-17-04-F1-A1-023 FLORIDA COMMUNITIES TRUST FF4 Award Number 04-023-FF4 JA YCEE PARK ACQUISITION ADDENDUM I TO GRANT CONTRACT THIS ADDENDUM I is entered into by and between the FLORIDA COMMUNITIES TRUST (FCT), a n onregulatory agency within the State of Florida Department of Community Affairs, and CITY OF BOYNTON BEACH, a local government of the State of Florida (Recipient), this day of ,2005. NOW THEREFORE, FCT and Recipient mutualJy agree as folJows: WHEREAS, the parties hereto entered into a Grant Contract which sets forth the conditions of conceptual approval that must be satisfied by Recipient prior to the receipt ofthe FCT Florida Forever award and the restrictions that are imposed on the Project Site subsequent to its acquisition with the FCT Florida Forever award; WHEREAS, the initial tenn of the Grant Contract expires June 1,2005; WHEREAS, the FCT Recipient in accordance with PERlOD OF AGREEMENT paragraph 2 of the Grant Contract and in compliance with Rule 9K - 7. 009( 5), F .A.C., has timely submitted to FCT a written request for extension of the June 1, 2005 deadline; WHEREAS, MODIFICATION OF AGREEMENT paragraph 1 of the Grant Contract states that the agreement may be amended at any time prior to FCT giving final project plan approval to the Recipient. Any agreement must be set forth in a written instrument and agreed to by both the Recipient and FCT; WHEREAS, the parties hereto desire to extend the tenn of the Grant Contract as provided by Rule 9K-7.009(5), F.A.C.; NOW THEREFORE, the FCT and RECIPIENT mutually agree as folJows: 1. Notwithstanding the language of Section 1. PERlOD OF AGREEMENT, paragraph 2., the parties hereby agree to revive it nunc pro tunc as though it had not lapsed in accordance with paragraph 1. 04-023-FF4 February 2, 2005 GCAMD.1 1 2. In every respect, this amendment is to be construed and applied as though the parties had both signed it before June 1, 2005. 3. T he Grant Contract by and between F CT and Recipient is hereby extended until September 1, 2005. This Addendum I, and the Grant Contract embody the entire agreement between the parties. AlI other terms and conditions not specifically referenced in this agreement remain the same and unchanged. IN WITNESS WHEREOF, the parties hereto have duly executed this Addendum 1. CITY OF BOYNTON BEACH FLORIDA COMMUNITIES TRUST By: By: Print Name: Janice Browning, Director, Division of Title: Housing & Community Development Date: Date: Approved as to Form and Legality: Approved as to Form and Legality: By: By: Print Name: Kristen L. Coons, Trust Counsel 04-023-FF4 February 2, 2005 GCAMD.l 2 ~ -'.' """". ''I 'f 'V':I r , .~ ,.......-..-."'.;........ ,""..;....,~."_"""""_".,,,.,,"'"'.,.~_,.'"'~^'~,,,~...~,,~. _"'".,~..",.~"'''_~;_·e''','._,, r~ ~CC~~~~fRI ~ MAY - 4?'!J5 ~ --i' ~ CITY MANAGER'S OFFICE FlC} JrH J,& COJl111LJ1111lJUlnH tH e § TJru § t May 3, 2005 By overnight delivery Mr. Kurt Bressner, City Manager 100 East Boynton Beach Boulevard Boynton Beach, Florida 33425-0310 RE: FCT Project Number: 04-023-FF4 City of Boynton Beach Jaycee Park Acquisition Dear Mr. Bressner: Enclosed are thre~brigirtals of the Declaration of Restrictive Covenants and Grant Award. Calculation statement for the above-captioned project for signature by the City of Boynton Beach and return for signature by Florida Communities Trust (FCT). When fully executed, I will send you a set of these documents for your file and an original Grant Award Agreement to be recorded in the public records of Palm Beach County, as well as the state warrant for reimbursement. I have also enclosed a copy of my checklist for your reference. The Grant Contract for this project expires on June 1,2005. An addendum to the Grant Contract extending the date has been mailed to you for signature but has not yet been returned to FCT. It is the intent ofFCT to complete this reimbursement well in advance of this date. 1.)-- ....> ..". > . . .', I . " .'. > ..... .'c·. "ngthe ~---- .. ----,~~~ . 2.) Additionally, please sénd photOC6piès'ðfeåchofthe docunientslisted.t9~bSchedllle.Jt;to the title insurance policy for the property. (You may ømit documents that do not have a, public records book and page number'isted;jn Schedule B~) DEPARTMENT OF COMMUNITY AFFAIRS· 2555 SHUMARD OAK BOULEVARD· TALLAHASSEE, FL 32399-2100 . SUNCOM 292-2207 . FAX 850/921-1747 @ FLOaJDA CONlo4UNmES TauST R..ECYQ.£.S 3.) Please contact the surveyor who prepared the boundary survey for the project and have him or her prepare an affidavit containingthe~c::reage of the property~~þown on the survey;,and~a statement that the lastparagraphon the land description on theslIrvey (the one which begins "all said lands less and except right of way...." refers to the exact same land that is referred to in the final paragraph of Exhibit "A,Z' to the title commitment (the paragraph that appears under the heading "LESS AND EXCEPT:"). There is a difference in these two descriptions, and we need to make certain that the survey describes the same land that was conveyed in the deed find that is covered by the title insurance policy. Thank you for your cooperation in this matter. lfyou have any questions please contact me at (850) 922-1689. My facsimile number is (850) 922-2679. Sincerely, ð~ D, 73nciIlutDL-CJJa/YL-J-, Leslie O. Anderson-Adams Assistant General Counsel Enclosure ., -~< - "~~..~~="--' ..._-,"",..";>"""-."p 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 D April 5, 2005 March 14,2005 (Noon.) D June 7, 2005 May 16,2005 (Noon) D April 19, 2005 April 4, 2005 (Noon) D June 21, 2005 June 6, 2005 (Noon) D May 3, 2005 April 18, 2005 (Noon) D July 5, 2005 June 20, 2005 (Noon) ~ May 17,2005 May 2,2005 (Noon) D July 19,2005 July 5, 2005 (Noon) D Administrative D Development Plans NATURE OF ~ Consent Agenda D New Business AGENDA ITEM D Public Hearing D Legal D Bids D Unfmished Business D Announcement D Presentation D City Manager's Report RECOMMENDATION: Please place this request on the May 17, 2005 City Commission meeting agenda under Consent, for preliminary consideration of a request for code review. Staff recommends that the continued processing of this item be approved, based on the limited districts within which towers are allowed, and on the preliminary fmdings of need in the subject geographic areas. This consideration is also necessary to recognize a pre-existing, non-conforming tower that must be relocated in conjunction with the redevelopment of the Motorola site for the Renaissance Commons Suburban Mixed-use projects. This item is being forwarded to the Commission for preliminary review, and for direction relative to its continued processing. For further information on this request, see attached letter from the applicant and proposed text, code excerpts and information on service needs. Staff has not completed its review, but anticipates supporting this item given the limited zoning districts within which towers are allowed; however, only if confmned that a need exists within the geographic area of the SMU districts, if collocation can be maximized on any proposed towers, and if applicable standards can maintain compatibility with residential uni!s and preserve the integrity of a SMU master plan. EXPLANATION: PROJECT: SMU Stealth Towers (CDRV 05-008) AGENT: Kim Glas-Castro, Ruden McClosky OWNER: N/A LOCATION: Suburban Mixed-use Zoning District DESCRIPTION: Preliminary review of request to amend the Land Development Regulations, Chapter 2 (Zoning) and Chapter 10 (Telecommunication Towers and Antennas) to allow cell towers within the Suburban Mixed Use (SMU) zoning district as stealth towers, integrated into the architecture of a mixed-use project. PROGRAM IMPACT: FISCAL IMPACT: ~s;gna""e ALTERNATIVES· Develo en D artment Di tor h-II? 6: Planning and ~ irector City Attorney / Finance / Human Resources S:\Planning\SHARED\WP\SPECPROJ\CODE REVIEw\CDRV 05-008 SMU SteaJth Towers\Agenda Item Request SMU SteaJth Tower 5-17-05.dot S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC I Ruden 222 LAKEVIEW AVENUE -~ "------- '1 SUITE 800 ~~ McClosky r<~· , WEST PALM BEACH, FLORIDA 33401-6112 i rl 1 · : lilt, /oW1 2 I 2005 (5611838-4542 FAX: (561) 514-3442 L.- - ----- - KIM.GlASCASTRO@RUDEN.COM p¡ , '[t '-----_.-.--~ February 9, 2005 Telecommunication Tower Regulations Modifications Compson Associates of Boynton, LLC (the "Applicant") is requesting revisions to Chapter 10, Telecommunication Towers and Antennas, and to Chapter 2, Zoning, of the City of Boynton Beach Land Development Regulations ("LDR") to allow stealth communication towers within the Suburban Mixed Use ("SMU") zoning district subject to conditional use approval and compliance with performance standards. A nonconforming tower exists on the Renaissance Commons SMU property. The Applicant desires to remove the tower, which is otherwise located in the middle of the new mixed-use community. The telecommunication providers ("Providers") utilizing the existing tower at Renaissance Commons have evaluated other sites to relocate their facilities, but the Providers are finding two problems: 1) lack of available property zoned with a district that allows communication towers and 2) lack of available property located in proximity to the existing, non-conforming tower so that no voids in system coverage are created. The nearest zoning district is Planned Industrial District (PID), in which towers are permissible, but a communication tower already exists on this property, and there is not sufficient room for co- location of the Providers' facilities on the existing tower. Property zoned Industrial (MI) is too far away from the current location to provide service coverage. Relocation of the existing Providers' facilities within Renaissance Commons is a viable solution to maintain and improve existing coverage. The Applicant's proposed LDR modifications require stealth technology to be employed within the SMU district, and require conditional use approval to ensure compatibility with the SMU uses and design standards. The requested revisions to Chapter 10 and Chapter 2 would facilitate the removal of an old-style, metal-framed communication tower from the middle of the Renaissance Commons project. A new stealth tower would be concealed as part of the clock tower feature in Phase VI of the development. This stealth tower will be requested in a subsequent conditional use/site plan petition. \. WPB:197496:1 RUDEN, McCLOSKY, SMITH, SCHUSTER & RUSSELL, P.A. CARACAS. FT. LAUDERDALE . MIAMI. NAPLES. ORLANDO' PORT ST. LUCIE. SARASOTA' ST. PETERSBURG' TALLAHASSEE' TAMPA· WEST PALM BEACH ___._.,_.,...~.....,~_~""~"~,,,,,,~,,,,,,,,,~~,.;,,,,,,,_,~~"'''''''·~~'·h''¡'.""",,,,~,,,,,-,, \LP' Page 1 of 13 Search: Bovnton Beach. FL Code of Ordinances I. ¡_ PART III LAND DEVELOPMENT REGULATIONS' CHAPTER 10 TELECOMMUNICATION TOWERS AND ANTENNAS Li n ks: CHAPTER 10 - TELECOMMUNICA TION TOWERS AND ANTENNAS Document Previous Chapter Sec. 1. Intent Next Chapter Contents Sec. 2. Definitions Synchronize Contents Framed Version Sec. 3. Telecommunications Towers Sec. 4. Tower Replacement Sec. 5. Antennas Not Located on Telecommunications Towers Sec. 6. Shared Use of Communication Towers Sec. 7. Applications Sec. 1. Intent. The regulations and requirements ofthis chapter are intended to: A. Promote the health, safety and general welfare of the citizens by regulating the siting oftelecommunications towers; B. Provide for the appropriate location and development of telecommunication towers and antennas within the city; C. Minimize adverse visual effects of telecommunication towers and antennas through careful design, siting, landscape screening and innovative camouflaging techniques; D. Avoid potential damage to adjacent properties from tower failure through engineering and careful siting of tower structures; E. Protect residential areas and land uses from potential adverse impacts of telecommunication towers and antennas by maximizing use of any new or existing telecommunication towers through shared use, for example, co-location, to reduce the number of towers needed. (Ord. No. 97-10, § 2, 4-15-97) tp://www.amlegal.comlnxt/gateway .dll/Florida/Boynton%20BeachlmainOO 113 .htm/chapterOO 173 .htm ?f=t... 5/5/2005 \LP Page 2 of 13 Sec. 2. Definitions. The following words, terms and phrases, when used in this subdivision, shall have the meanings ascribed to them, except where the context clearly indicates a different meanmg: Accessory use - A use incidental to, subordinate to, and subservient to the main use of the property. As defined in this section, an accessory use is a secondary use. Antenna - A transmitting and/or receiving device and/or relays used for personal wireless services that radiates or captures electromagnetic waves, including directional antennas, such as panel and microwave dish antennas, and omni-directional antennas, such as whips, excluding radar antennas, amateur radio antennas and satellite earth stations. Extraordinary conditions - Subsequent to a hurricane, flood or other natural disaster. Guyed tower - A telecommunication tower that is supported, in whole or in part, by guy wires and ground anchors. Microwave dish antenna - A dish-like antenna used to link personal wireless service sites together by wireless transmission of voice or data. Monopole tower - A telecommunication tower consisting of a single pole or spire s~ supported by a permanent foundation, constructed without guy wires and ground anchors. Panel antenna - an array of antennas designed to concentrate a radio signal in a particular area. Roofline - The overall ridge line of the structure which does not include cupolas, elevator towers, clock towers or other features that are permitted to exceed the maximum height ofthe building. Self-support/lattice tower - A telecommunication tower that is constructed without guy wires and ground anchors. Stealth facility - Any telecommunications facility which is designed to blend into the surrounding environment and which is incorporated into and is compatible with uses otherwise permissible on site. Examples of stealth facilities include, but are not limited to, architecturally screened roof-mounted antennas, antennas integrated into architectural elements, and telecommunication and/or personal wireless services towers designed to look like light poles, power poles, clock towers, or trees. Telecommunication tower - A guyed, monopole or self-supportJ1attice tower, constructed as a free-standing structure, containing one or more antennas used in f provision of personal wireless services, excluding radar towers, amateur radio suppo.. structures licensed by the FCC, private home use of satellite dishes and television p://www .amlegal.comlnxt/gateway.dll/Florida/Boynton%20Beach/mainOO 113 .htmlchapterOOl73 .htm?f=t... 5/5/2005 "-"-->,-,~~...........~~~~,,-'" '-'.- lLP' Page 3 of 13 antennas and satellite earth stations installed in accordance with applicable codes. Whip antenna - A cylindrical antenna that transmits signals in 360 degrees. (Ord. No. 97-10, § 2, 4-15-97) Sec. 3. Telecommunications Towers. A. Freestanding telecommunication towers may be permitted as a conditional use in accordance with the Land Development Regulations in the following zoning districts: * 1. (REC) Recreation district greater than five (5) acres. On property owned by the city, the city shall authorize the application and use of city property after the applicant executes a lease agreement acceptable to the city. The city shall have no obligation whatsoever to execute such lease even if the applicant can meet the criteria set forth herein. * 2. (PU) Public Usage. On property owned by the city, the city shall authorize the application and use of city property after the applicant executes a lease agreement acceptable to the city. The city shall have no obligation whatsoever to execute such lease even if the applicant can meet the criteria set forth herein. * 3. Industrial (M -1) zoning district provided the towers are an accessory use and are reviewed and approved in accordance with the Land Development Regulations of the city. A monopole type stealth facility must be utilized on vacant property in M- 1 zoning districts. * 4. Property owned by the city within a Planned Industrial Development (PID) district which is designated for recreation use. The city shall authorize the application and use of city property after the applicant executes a lease agreement acceptable to the city. The city shall have no obligation whatsoever to execute such lease even if the applicant can meet the criteria set forth herein. Tower locations shall be consistent with approved, proposed or anticipated plans for park development. Towers shall be designed for collocation and consistent with rules and regulations internal to a P.I.D. B. Stealth towers shall be architecturally compatible with existing buildings/structures on site; consistent with the character of existing uses on site; contain communications equipment or devices that it is not readily identifiable; and shall not exceed 150 feet in height. C. Minimum standards. Every telecommunications tower must meet the following minimum standards: 1. Prior to the issuance of a building permit by the building division, department of development, a site development plan shall be presented for approval to the planning and zoning department and the department of development. Each application for a proposed telecommunication tower shall include all requirements for site development plan approval as required by the Land Development Regulations. p ://www .amlega1.com/nxt/ gateway .dlllFlorida/Boynton%20Beach/mainOO 113 .htm/chapterOO 173 .htm ?f=t... 5/5/2005 ù-P Page 4 of 13 Each application shall contain a rendering or photograph of the tower, including but not limited to, colors and screening devices. 2. A statement shall be submitted, prepared by a professional registered engineer licensed to practice in the state, which through rational engineering analysis certifies the tower's compliance with applicable standards as set forth in the Standard Building Code, latest edition, and the Code of Ordinances; and describes the tower's capacity, including an example of the number and type of antennas it can accommodate. No tower shall be permitted to exceed its loading capacity. For all towers attached to existing structures, the statement shall include certification that the structure can support the load superimposed nom the tower. All towers shall have the capacity to permit multiple users; at a minimum, monopole towers shall be able to accommodate two (2) users and at a minimum, self-support/lattice or guyed towers shall be able to accommodate at least three (3) users. 3. Height/setbacks and related location requirements. a. The height of a telecommunications tower shall not exceed one hundred and fifty (150) feet. Tower height shall be measured from the crown of the road of the nearest public street. Lighting and Lightning rods up to eight (8) feet in length shall not be considered in measuring the height of the tower. b. Telecommunication towers shall conform with the setbacks established for the underlying zoning district. * c. Monopole, lattice or guyed telecommunication towers shall not ~ permitted within two hundred and fifty (250) feet of any residential district or residential portion of a PUD. * d. Monopole, lattice or guyed telecommunication towers shall not be located within seven hundred and fifty (750) feet of any existing monopole, lattice or guyed telecommunication tower. e. All buildings and other structures to be located on the same property as a telecommunication tower shall conform with the setbacks established for the underlying zoning district. f. Waiver or reduction of separation requirements. (1) Waivers or reductions of separation distances between towers may be approved by the city commission subject to the criteria contained herein. (2) Requests for waivers or reductions of separation distances between towers shall be based upon the inability to collocate on existing towers or structures, the need to have more than one (1) tower, or the efficient use of available land within permitted zoning districts. The decision shall be based upon a finding of compatibility and competent and substantial evidence that the waiver request meets one or more of the following criteria: tp://www.amlegal.com/nxt/ gateway.dll/Florida/Boynton%20Beach/mainOO 113 .html chapterOO 173 .htm ?f=t... 5/5/2005 .', """'~"""""~"'.N-"',".,.~.,~,.~";",,,,.,,,.~«____~__,,~,,,,,,,,~"' \LP' Page 8 of 13 integrity on the following schedule: (I) Monopole towers - once every five (5) years; (2) Self-support/lattice towers - once every two (2) years; and (3) Guyed towers - once every two (2) years. b. Inspections shall be conducted by a registered engineer. The results of such inspections shall be provided to the building division, department of development. Based upon the results of an inspection, the Building Official may require repair or removal of a telecommunication tower. c. Should the building division, department development, have reason to believe a telecommunications tower site is not in compliance with applicable building and electrical codes, the city may conduct periodic inspections of the site to ensure structural and electrical integrity. The owner of the telecommunications tower may be required by city to have more frequent inspections should there be reason to believe that the structural and electrical integrity of the tower is jeopardized. The city reserves the right to require additional inspections if there is evidence that the tower has a safety problem or is exposed to extraordinary conditions. 19. Telecommunications towers are prohibited when a proposed or existing principal use or uses within two hundred (200) feet of a proposed tower includes the storage, distribution, or sale of volatile, flammable, explosive or hazardous wastes, including but not limited to, LP gas, propane, gasoline, natural gas, and corrosive or dangerous chemicals purposes, unless the city fire marshal determines that the proximity of a telecommunications tower does not pose any danger or risk of explosion or fire or unless used for backup power purposes. 20. Fees and charges. Public land or right-of-way lease agreements shall be established by separate instrument. 21. Additional uses permitted on lot. Communication towers may be located on lots containing another principal use. Separation between communication towers and other uses on the lot may be required to ensure compatibility. Towers may occupy a leased parcel on a lot that meets the minimum lot size requirement of the zoning district in which it is located. For lease parcels not meeting the minimum lot size requirement, the city shall require the execution of a unity of title, unity of control, or other documentation as determined appropriate by the City Attorney. (Ord. No. 97-10, § 2, 4-15-97; Am. Ord. No. 98-32, § 1,9-3-98; Ord. No. 02-033, § 4, 8-20-02) Sec. 4. Tower Replacement. * Notwithstanding the above provisions of this section, towers in existence as of January 1, 1997, may be replaced with a tower of equal or less visual impact after approval by the city manager or her/his designee. However, if the proposed new tower tp://www.amlegal.comlnxtJgateway .dl1/Florida/Boynton%20BeachlmainOO 113 .htm/chapterOO 173 .htm ?f=t... 5/5/2005 \LP Page 9 of 13 would not be consistent with the minimum standards under Section 3 of this chapter, replacement must be approved by the city commission. A. Conforming towers. An existing conforming tower may be replaced subject to the criteria set forth herein. If the criteria are not met, the replacement tower shall comply with the siting requirements of this section. 1. The replacement tower shall accommodate a minimum of two providers; 2. The replacement tower shall be a stealth or monopole tower; 3. The tower may be required to be relocated on the site to lessen the impact on adjacent parcels; and 4. The replacement tower shall be subject to administrative review by the Planning and Zoning and Development Departments. B. Nonconforming towers. An existing nonconforming tower may be replaced subject to the criteria below. If the criteria is not met, the replacement shall comply with the siting requirements of this section. 1. The replacement tower shall accommodate a minimum of two providers; 2. The replacement tower shall be a stealth or monopole tower; 3. The tower may be required to be relocated on the site to lessen the impact on adjacent parcels; and 4. The replacement tower shall be subject to administrative review by the Planning and Zoning and Development. 5. The tower shall be reconstructed to its original height or 150 feet, whichever is less. e. Accessory Structures. The size of an accessory structure or structures may be increased, subject to the Code of Ordinances, to accommodate collocation. The expansion shall be subject to administrative approval by the Planning and Zoning Department and the Department of Development. (Ord. No. 97-10, § 2, 4-15-97) Sec. 5. Antennas Not Located on Telecommunications Towers. A. Stealth rooftop or building mounted antennas not exceeding twenty (20) feet above the roofline and not exceeding ten (10) feet above the maximum height of the applicable zoning district may be permitted as an accessory use in all zoning districts except R-l-AAA, R-l-AAB, R-l-AA, R-I-A, R-l and R-2. Antennas may exce twenty (20) feet above the roofline in the REC and PU zoning districts if municipal purposes warrant additional height. p ://www .amlegal.comlnxtJ gateway.dll/Florida/Boynton%20Beach/mainOO 113 .htm/chanterOO 1 71_htm ?f=t '\ / '\ /? 00 '\ -...- .._,-"~_.." ~,"._".~>,..~,._"''''"='~~""",""",.".-.-~ ' r_ ~.,,,,,,,,,,,¡,__~'Wii~,".w.'h"''''''';"-__''__'"''·_··' 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 D April 5, 2005 March 14,2005 (Noon.) D June 7, 2005 May 16,2005 (Noon) D April 19, 2005 April 4, 2005 (Noon) D June 21, 2005 June 6, 2005 (Noon) D May 3, 2005 April 18, 2005 (Noon) D July 5, 2005 June 20, 2005 (Noon) [8J May 17, 2005 D July 19,2005 ' -' May 2, 2005 (Noon) July 5, 2005 (Noon) ~c,·.· "- ~} --I ,¡ ,-- ./ -~.."," -.--.{-..... ---_.~ ""---..."" ...,'~ .TI --< . ; D Administrative D Development Plans ~ -..- - ".._,,.f -....-..--' ~, -\ -,- NATURE OF [8J Consent Agenda D New Business c....... AGENDA ITEM D Public Hearing D Legal :::z:. -_or) ~-i .-'"-.... \~ . :~') :::.;-.: D Bids D Unfmished Business C) ;¡ ·_qOJ D D ·-rr¡ Announcement Presentation U,,",",. c....J P1ó D City Manager's Report :r:: RECOMMENDATION: Authorize the use of$1200 of Community Investment Funds to Utel, Inc. by Connnissioner Ferguson. EXPLANATION: Connnission approval is requested for allocation of $1200 to sponsor a needy family to obtain computer equipment. Utel donates the instruction and materials. The following criteria must be followed. · Utel must disclose the name and address of the needy family that will be receiving the computer. · Ute I must disclose the process by which the family was selected. · An adult member of the family must sign a receipt for the computer, a copy of which must be sent to the City. · Disbursement of funds to Utel will be on a reimbursement basis with proof of purchase and certification of deliver of the equipment to the family. · Utel must submit a six (6) month and twelve (12) month follow-up report to the City indicating the families participation in the Utel project. PROGRAM IMP ACT: Allocation of funds will assist a needy family obtain computer equipment. FISCAL IMP ACT: Funds are budgeted for this type of activity. Each Connnissioner has $10,000 in Community Investment funds to allocate, subject to Connnission approval. ALTERNATIVES: Decline to authorize the requested expenditure. ~ Department Head's Signature City Manager's Signature Department Name City Attorney / Finance / Human Resources S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM. DOC EXHIBIT A COMMUNITY INVESTMENT FUND DISBURSEMENT REQUEST FORM Part 1- Summary of Request Date of Request: May 3,2005 Requested by Mayor/Commissioner: Commissioner Ferguson Amount Requested: $1,200 Recipient/Payee: Utel, Inc. Description of project, program, or activity to be funded: Sponsor a needy family for computer equipment. Dated: 5-03-05 By: $~ ~ 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 $10,000. $2,500 has been used to date by the requesting Member, leaving a balance of available funds of $7,500. This request would bring the available amount down to $6,300. Accordingly: )( There are funds available as request o There are insufficient funds available Dated: .5/t¡!o~ By: I Part 111- Eligibility Evaluation (to be completed by City Manager) tf The proposed expenditure of funds will not result in improvement to private property; r¡/ 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; if 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 0 Proper safeguards are being implemented to assure that the public funds being appropriated will be used for the stated purpose. -~ NO+e-o bÒDvO " w/Utel must disclose the name and address of the needy family that will be receiving the computer. ¡g/' Utel must disclose the process by which the family was selected. ¡;/ An adult member of the family must sign a receipt for the computer, a copy of which must be sent to the City S:\City Mgr\Administration\MA YORCOM\COMMUNITY INVESTMENT 2004-2005\Ferguson - Utel.doc, 5/9/2005 """~~<'",","-""""-~-'--""''''~',""",._-",-",-",,_..............~.\~, ¿ Disbursement of funds to Utel will be on a reimbursement basis with proof of purchase and certification of deliver of the equipment to the family. o/Utel must submit a six (6) month and twelve (12) month follow-up report to the City indicating the families participation in the Ute! project. . -' Dated: s/lO\o' By: S:\City Mgr\Adrninistration\MA YORCOM\COMMUNITY INVESTMENT 2004-2005\Ferguson _ Utel.doc, 5/9/2005 .. ~ ~ ~~ .. ~.~ == ..... = . .. J, ~ § ~ .. ~ æ = a == ..... ~ = ~ . ~ , - = ~ JI J~ a", ~ = .~ ~ m ~ ~ = ~ .......J ·i ~~ :E 1.1.1 a:: .¡: :J: ....i ..... 0 ~I.I.I ¡ m~~Q ::)~ _ Q) .ë ~ :=j 1.1.1::) ~ i ~ M ~ :E:~ .! ~ c ('t) ::) ~~ i ~~~I' o == ..... >-~ ,,, -= oOIl) ~ ... ~m_ == ;i 7IJ "'0 ~.' ..... ~ (1) 0> <>îoj = O,"(,)U ~, .... 0 r, 0:;1 ....' '" .... ~ õ.. <2 -- ,-,', ".,; r.. 0::....0:: u ~ :;h ...1 ;;. 0 <l) "'0 -"- ~ .:;¡I,' ~ ..:::<;.::. >.t:: Ô .. :~,~. == 0::"'0 0::;;. .:OJ, §b"§ ~ g ~ = ;F:" ..... ....;::: -£ (1) -£ -= ""'" '"-' ;:¡ ....."'0,.... ~\--::I ... O"'",;:¡- :: ""'" .... ,..\ <l) ... .... .- _ ~ 0 ., r.Æ:t=l;:rfJr.n = _ .......... .~ ..., <l) 0 (1) ..." C C .. '" .J:::¡ <l) ° :.:::: ~'h G> G> ... <l) ,.... .- ....... 1= 1= ::I .. >.O::-ZO>= ....- 1::1:: 0 G> ;. o:;Ir/JOI)-~ ~ ~ G>G> >. .eG>(,) ....<l)c...<.¡..:¡ _.. ~~.... .....enl (1):-::ï: ~ (1) .. - 00 5 ~I-Q. ro.--..-", ,.. '"" 0.0....._ "_ to.. ""'-'00 .. 1:"""' EE ._~ UJ ....e~ ~ <l) - ,.....,.. .'!: G> 0 ~ C ,.. .... ,0:;1 L-I "'0 ,.¡::: =..... G> G> C ~ > .... S nI L -"-'.(1)..... .. G>()O CD -0- IIIIII .... (1);;......<+- =-.e.e UJCD _ nI...UJ .. bfJ"'O 0 0:: 0 ,."\ ~\ ........:¡¡ UJ CD :¡:¡ C).~ ~ c .- ¡..,. ;j; 0 ... ........... ~.c ¡ ø := [I'I "E 6 0.... -g ~ ..:: ti. ti. () (,) ã> õ g¡ E JIIIII -' "('~ '"". .eCD.... o.cnl Oc.Eõboo I:""" = ..1-.0;:) .... ~ ~ 00 '" ::!J.....(),-'- -o.c8 _ ~() ()ro '" = ... E·- 0 Q) 0 co", c _ > c () c .. ,.. ,::' () ro -0 c ro Q) CU Qí '" E () õ ~ ,Q CJ')'- > 0 . .;: ..... E.c a..a .c 0 () .)(: .- ..... _ E ,. _ a. ._ >. ~ .= .: 0; Q..O ~ g ~ CD 0 £ 2 0 Q. c :>. g E (j) 13 :5 ~ ~ ~ .~ ~- o>()~_ ~o-"'co.°E~ -£2=-0 !.c2 ,Q I .~CD~ _ ~ · CJ') 0 () ~, CJ) 0 Q. ..... () ro E () CJ') - ..... . _ M .. . .... '. ~ c..... .)(: .S c 2 2 1:' - ..!!! Eo> c CU -0 0 .8 () 1:' gill"': M CD :::: ...i/.~.. ... .. ~. ¡'" ,:1. ~ ° '" .(3 - ro >, ° >, 0 '" () ° - x ..... >, -0 ° _ Q¡ ~ ~ CD / ... .. -c-mc "'c0:5-oo c-o-o..ccu o..~c 0 _ _ Mil) i ! ... ~ () .- .!!! 1!:' CU .S: ° CD ° Q) Q) 0.0 Q) ..... 0 -.,; a. c m ..... ã) -g.c: M' , , = =>:.. .cO-O> -0 () o~ro>,w ~ ~ _ U....M '. 0 r . "'"" :5;; ~s: -0 -* ""(J J? ~ c :£ en 0 ° () '§ 35 7;5 t .~ g,::> ~ m ;:: ~, .... ...~ O....._enCU cc_gcuo ro~>,O_O 08.13 Cl)t: CD- .__-; ~~ .a~m~-o OroÕ .....-~ ~""':£-en~ ena.~ CU ....0 Il)~ ~ .~ CUEgmg ~~>,J?~O~ ~~O~~ go-o E O~ -Il) = ~~~();-o =roen~cOE C~_~Oa. o.Q)2 .» _ ~ ~ ':;If -' E ro .8 .{g ~ .¡: () . ° 0 a. ~ (ij 0 0 ; X CI)..c a. 35 0 "" ~ W 0 . IDt~a.O_ oIDOroro -. m _ ~~£C~ ~-~ OON~ ~'-'~NC- ~~~~ ro ~~U~mæ -~O ~cr OE~~o~ ~om~ ~.. ~C()~Eo ~Eoü.8~() >-oo.~-oE O>,>~ ~.8 <::> I & o ..,p o N 00 G"t .,¡- "0 Q -0 -0 .., B .~ "" ~ s::: ~ 0 ~ Q,¡ q E ~ ~ ~ . ~ 0 = · S .. - < =- Z ~ = Q,¡ .. .... ~ Qí ;., . Qí - ..... -0 u ¡:¡.., . ~ 0) . ~ . s:: '" <>' <> 0 æ ._ <> V' ~ .., !::I;>. - È "" ..0 8 .!::I 2 .::: .;:¡ E þ,J õ) ....~ ..c::~g~oo",cs::q~u~..,o ~.d~..o ..... . "-< ¡::: C -'-' 0 .., a ..c::::I ... - - 8 .. ~ .., ~ a..... g; 32 00 .'" õ) 0.. .., ......b ",.., ~ .., ~ ..0 ~ ~ .~ 0 (/) .5 t "õ 5 d ~ a ~ === ~ E -= QI ..c:: .., 1:: '- - .., ..0 ~ s:::..... ........ <.:;.::: ..:.:..c:: ~ .., .....,..,""..c::o s::;:J..,0..s::>.¡:¡ "'~..o> = ~ 0 ~ ..0 ..c:: 0 ..... '-' 0.. "" .., t: -0 .., 1--.., .., ._._ h 0.. .....0 .....M..c::........8 " -00;> -o¡:¡I2..... ., ... ::: ;:: .~ ~ ~ -g .'" .<;:: ~ ~ ;s.;...g a 1<í 'ÖÌ¡ <Ii ¡:: .g 0 g 00 v......... == ¡:::E-oò;j.....~..,..,:g"'''' "'-0 "'00",,0..-0 -= 0 OJ)o a '" .;;: '" ~ '" ..0 ..0 0 ~ 5 ~ J:j ã ~ 8 0.. a "" 2 .... .... !;j¡ !;j¡ 0 .., '(3'.~ s:: .5 :-2 0.. 0 ..c:: f-o S ö;j 0 ~ .¡;; 8 0.. '"0 v f= .. 0 0 ..... 1: ..... -;::'a -0 '" U c¡;;¡ ..... '" . 0 M V ~ ;:-: .... !=: ..... 0.. ~ ~ '¡::: j5 E .., E ..c:: 0.. :>. ~ ~ o...~ .5 <I:; s:: >. ..... 0 ~ - 0.. -0 S - a .., 0.. .., 0 Õ :::: 0 "" ~ ~ ~ '0) .-t::. ¡:; 0.. -E !:! .., ê ... ß '¡;.;; ~ -= ~ -0 ¡g ..c 1'1 ¡:¡ ~ .~ § ,!.. ~..o § f= S ..r:: ;:: -5 ..... ;s ;.:;J -6'..... 8 s:: ~ a. ~ ~ ~ a i:: <;:;; 'f; ¡¡: 0 E - v .t: - 0 ....... ~ ..... .., <> Þ "" "" .., o....c:: '" "" ..., M ... "" ..... 8 ~.: ~ B ~ . -= ö;j ~ E. ,£ ¡S g '2 õ..5 ;s --< ;; ~ ~ ~. .Š .[ : ~ ..: ö ..... 0 "" ;>. ._ ;>. _ 0 11) _ s:: 0 .., 0 - = t=vOj) M::;~ ~~"'<¡:¡..c::"'--S"'''' -.. ;> C .. ..,"00.. .....0"::::~.......c::1iî -0..<:: .... - OJ) ''¡:;; 0 \oW. ..c:: ~ S 0 S :;;¿ 0 ... ;>. ~ ~ .E .::; .. Q,I Co;) U ''¡:;; f-o O{ <> .~ .., '" ~ ,£ ¡:Q u :.::: S 0 -- ..r:: v C1:! ~ == u;Bu .. coo ~ ;., .., - u v i"I\ Q,I ~ Q,I - .- - ., .... ,. ~ .2 ~ .9-._ ~ '" ~ 0 :: =:: ;:J..o.±::;;:..,.. õ .....!. ~ ~~'ö~ a. ~tø~ <;"';V~bJ} .:5 0 '" ECO}::;«î~S .: 0 -B co.. ....... -5 .ã ö;j :å 0....... :g 8 -5 Ö 0 ! ":! 6 ~. ~. g ~. ~ ë B .§ ß. ~ ~"2 :S' ~ ~ ~ fJ .. .... .-.......c.... 0 0.. '" 1<í ~ .... "" "" ¡:¡ ... -0 ~ íIJ ~ .~ - ::: u .¡;; 0.. ~ 0 ~ iA .; ..... § .., ~ .¡:; ~ ;> G ;!:t.2 ...:E --< !S .g rn ::; tiï ~ :£'1 :!ž ..8 ~ ~ o 0 0 Q :.a 0.... i"I\ quO.., ~ 8 ~ E -0 :.a .., ¡.¡., 8 ,.... :> ;;:..,.2 ., ~ -5 E 'F! ~ ¢: .9-"0 0 ;> J:j '" - :> ..o;:J .. 15 .q- '- <> a ;>. 0 0 ::; --< 0 .~ ..... ~ o r. ~ .. .- ..c:: 6 ,... . . ..., ::::: ... '" <::r . ..... ..c:: M '" ...¡;: ~ .-.;::- ta Cd;: - 0 ~ ~ - ~ (!) t) "'C:) 0 c:: tf: - u ;;:.., ,.... o. -f,i 0 '."0 . 0 r-' '" § s::..,... E .., "" .~ ..... '-\I <l) ~ - {f.)::: ...... 4) cd Cd ......".... ~ Q.) h -:&1""1..0 g "õ"¡:: 8 ~ ~ § ê '2 ~ ~ ~ g :: ~ ~ ~ ~ ~ ~ E ~ @ ~ $ ~ S v s..... ::s 1-'-1 h ..... IJ.) VI t...o "'0 cd - bD ..... 0 V) &-, a.. _ 0 c:: ..... ~ w ~ ::: .2 .., ù ~ Q 5 'õ 8 ... os:: is 0 ~ .¡:; 3 -0 S .~ .., ~ J:j ~ U Co;) . a¡::.....""o...""..._................. ""0 s:::0..c::......c::,....,u.. 1'1) Q) P-a .. ~.""""""o..ou';:::s...o..;.....Jb.Oo..o:>Oa1u+->CI:f~;.>..c:__ t:58B ~ VII.-CODE - LEGAL SETTLEMENT CITY OF BOYNTON BEACH ITEM A. AGENDA ITEM REQUEST FORM Requested City Commission Date Final FOnTI Must be Turned Requested City Commission Date Final FOnTI Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office o April 5,2005 March 14,2005 (Noon.) 0 June 7, 2005 May 16,2005 (Noon) o April 19, 2005 April 4, 2005 (Noon) 0 June 21, 2005 June 6, 2005 (Noon) o May 3, 2005 April 18, 2005 (Noon) 0 July 5, 2005 June 20,2005 (Noon) ¡g¡ May 17,2005 May 2, 2005 (Noon) 0 July 19,2005 July 5, 2005 (Noon) o Administrative 0 Development Plans NATURE OF 0 Consent Agenda 0 New Business ( , AGENDA ITEM 0 Public Hearing 0 Legal:?:':~ ·-1 <.. O Bids 0 Unfinished Business 2:< CJ 'j ~ --'f1 o Announcement 0 Presentation ~< ~ :.:., Code Compliance & Legat~ .~ ~ o City Manager's Report X Settlements ",-.,. ..:-:¡ . .) .'-~ ,,!~2 Lola & Judd Kallan v. City of Bovnton Beach C:) ... ;; Plaintiff Counsels: Richard E. Retamar, Esq. & Edward L. Kind, Esq. '....) ;:::.; rr¡ Defense Counsel: Benjamin Bedard, Esq., Roberts Reynolds Bedard & Tuzzio " ,':, ~ -"- RECOMMENDATION: Motion to pay settlement úom court ordered mediation in the amount of$II,OOO.OO. EXPLANA TION: On October 30, 2002, claimant tripped over a sidewalk at the Tennis Center and injured her right knee, left hand, cheek and nose. Her damages directly related to this fall were approximately $3,000. However, she subsequently suffered coronary difficulties which her attorney and doctor have related back to this fall. Medicals for this were approximately $70,000. We identified previous and subsequent medical histories. Depositions by staff members were not likely to provide supportive statements in court proceedings. Initial demand included coronary related medicals. Mediation was conducted with the above-noted result. PROGRAM IMP ACT: Litigation settlements and judgments of this nature are part of the ongoing responsibilities of the Risk Management Department. FISCAL IMPACT: Settlement will be charged to the Risk Management budget expenses. AL TERNA TIVES: Failure to approve settlement will result in claim being litigated. Value ofthis case at trial is estimated in excess of$15,000. Additional defense trial legal costs are estimated at $25,000. ~ City Mona.,,', SignatU'J RISK MANAGEMENT ~..s ( 1)1 Dep",,",en! Name ~omeY ~"" R" mcc, CjrnlClaimgllKallanLO l.dot S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC The City of Boynton Beach, Florida RISK MANAGEMENT DEPARTMENT COMMISSION AGENDA MEMORANDUM TO: Kurt Bressner City Manager THRU: Wilfred Hawkins Assistant City Manager FROM: Charles J. Magazine Risk Manager DATE: April 27, 2005 SUBJECT: Lola & Judd Kallan v. City of Boynton Beach Date of Loss: October 30, 2002 Risk Management recommends the City Commission ratity the: X Settlement _ Judgement in the above stated manner. RESERVES: Indemnity: $ 20,000 Expenses: $ 50,000 Demand: Original: $ 70,000 Final: $ 12,000 Offer: Original: $ 500 Final: $ 11,000 X SETTLEMENT: $ 11 ,000 NOTE: This settlement is the compromise of a claim for damages. Payment by the City is not to be construed, in any way, as an admission of liability or responsibility for any damages or injuries resulting therefrom. Current Adjustment Fees: $ - Current Legal Fees: $ 19,681 IF NOTBETTLED Projected Legal Fees: $ 25,000 Projected Jury Verdict: $ 15,000 + JUDGEMENT: $ - - Current Adjustment Fees: $ - Current Legal Fees: $- CASE NARRATIVE: On October 30, 2002, claimant tripped over a sidewalk at the Tennis Center and injured her right knee, left hand, cheek and nose. Her damages directly related to this fall were approximately , $3,000. However, she subsequently suffered coronary difficulties which her attorney and doctor have related back to this fall. Medicals for this were approximately $70,000. We identified previous and subsequent medical histories. Depositions by staff members were not likely to provide supportive statements in court proceedings. Initial demand included coronary related medicals. Mediation was conducted with the above-noted result. CjrnlClaimgJlKallanL02.doc '···""''''~'~~_''¡'''''''''''''''''''H._""".-.",>",.~'''''''j.C·__""~.~",...,,,,,-.,",*^'''''''''''''''''~'''c LAW OFFICES ROBERTS, REYNOLDS, BEDARD & TUZZIO, P.A. 470 COLUMBIA DRIVE BUILDING C-IOI WEST PALM BEACH, FL.ORIDA 33409 PARALEGALS GEORGE P. ROBERTS. JR LEEANN WILLIFORD KATHRYN L REEVES LYMAN H. REYNOLDS. JR TELEPHONE (561) 688-6560 SHERRI L. RENNER BENJAMIN L. BEDARD FACSIMILE (561) 688-2343 JENNIFER G. WHITTALL GERARD A. TUZZIO EMAIL: bbedardC!lrrbpa.CDm TINA M. LIVINGSTON LAURA E SCHWARTZ DANNA P CLEMENT ERICA D. KAHN TRISHA A. SMITH JEREMY H PIGOTT SHERRI L RENNER April 27, 2005 Confidential matter exempt from disclosure or inspection per FS 119.07, 768.28 & 768.301. via email MagazineC@ci.boynton-beach_fl.us Mr. Charles Magazine Risk Management Department City of Boynton Beach P.O. Box 310 Boynton Beach, FL 33425-0310 Re: Lola and Judd KaHan vs. City of Boynton Beach Claim No.: 00 1470-000081-GB-0 1 DlLoss: 10/30/02 Our File No.: 104-267 Dear Mr. Magazine: This letter serves to confirm that the above-referenced case has settled at mediation for $11,000.00 plus mediation fees. Please forward your settlement check in said amount to the undersigned made payable to Lola and Judd KaHan, and The Retamar Law Firm their attorneys. Their Tax Identification Number is: 161-65-8900 Weare forwarding the General Release, Disclosure of Lien and Indemnity and Hold Hannless Agreement, Stipulation and Order of Dismissal, §768.28(6)(C)&(D) and W-9 Form onto Plaintiff's counsel for execution. As advised at mediation, this is contingent upon the City Counsel's approval and the matter will be brought before. the City Counsel no later than the first week of June, 2005. Please advise of their decision at that time. Upon receipt of the executed settlement documents and the Court's Order of Dismissal, we will provide you with copies of same. --:ity of Boynton Beach ~azine 7.7,2005 I will continue to keep you advised accordingly. BLB/1ck cc: Gene Montfort, Gallagher Bassett via email only: gene montfort@gbtpa.com IN THE CIRCUIT COURT OF THE Ir~ JUDICIAL CIRCUIT, IN AND FOR ~~ I... '3f-<A [~ COUNTY, FLORIDA CASE NUMBER: ~ 0 ..c)) t.{ cA 0 ~ ì Í> ~ 'M f,- A-o Lò 10>. ~I1QrJ ~.....,..~ ) Qv.dJ lCot ll4 N) ke¡ !.."~.,~ 1) Ç> lCM"J"\ ~f-f.} ) v. . C~~ Of ~~~ &C([ L. ) ) MEMORANDUM OF SETTLEMENT THIS CAUSE, having been submitted to mediation before Rodney Eielson, Mediator, upon Order of the above-styled Court and/or stipulation between the parties, if is hereby stipulated and agreed between said parties that settlement has been reached as follows: OeLJ~ 0\ ":) r-t t> ~ r~ jrll } Wt). Uf) -t,.r ~t, ~ h~ S-p I-I-I~ oi ...,."r.....~.J...·F-PJ I C I£A..~J . (J1~kCf.. v-,tJ ~6"c:....tf c.. ~ ,..2 f~ ~ ~t.1 t., ø.J'...._1 e ) ) n rJ rl e V\A.., .rl- . f~~~ ø b ~ ~ o("'(A ^'Vl- lib V. K \k~ ~ c:~ fIr (~Y"~''-'' ~u-l". ti' c-~h~) VWlt t./ I e.,. ')1.-,--" ~(.~~ . flc.........~ \.ù:U . G\t~1J ) ~.k ... 'P., ~, l,'t..... ~ OtA.t uf 14 ~\rl}t.Q.e J , (J f. Ì\.t. ~t I-~ I e ~ J- . \Þ L ck--L ~ rt..~ 1 ~ r~ ~U "^ ~ ~,~ -{..; u-{I:J -Ke. ~ . \\.,' ~ C{C;)T«-"""J!~ ¡.... . !.'-"~~-L ¡... ìh, c~ Ctr.............({..::... l j CÃ(' nVùl.l~ _ ~ a~.,~~ ",-,,11 ~ \... t,/'k...Jf'dJ (::" t/ ú ..........Ä )- ~ <--c. G.f,~ I V'--') ~kr o..h~_ -I-u. I JI-- lNeeú or JIAJoW 'U>o r. DATED this..1J:. day of A{ìr; 1 . 2005 at ~-'~~k~~ coumel~e~) Co nsel for Plaintiff / h.,~O~ Defe(fþ -9r- ~d ~;>~--e~- B tiff . XI. - NEW BUSINESS 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 o April 5, 2005 March 14,2005 (Noon.) o June 7, 2005 May 16,2005 (Noon) o April 19,2005 April 4, 2005 (Noon) o June 21, 2005 June 6, 2005 (Noon) o May 3, 2005 April J 8,2005 (Noon) o JuJy 5, 2005 June 20, 2005 (Noon) ~ May 17,2005 May 2, 2005 (Noon) o July] 9,2005 July 5, 2005 (Noon) 0 Administrative 0 Development Plans NA TURE OF 0 Consent Agenda ~ New Business AGENDA ITEM 0 Public Hearing 0 Legal 0 Bids 0 Unfinished Business 0 Announcement 0 Presentation 0 City Manager's Report RECOMMENDATION: Please place this request on the May 17,2005 City Commission Agenda under New Business, for policy review and request for direction. The Planning and Development Board at their meeting April 26, 2005 and the Community Redevelopment Agency Board at their meeting April 12,2005, recommended that the subject request be approved, with the Planning and Development Board recommending the following amendments: 1) under the heading of "Special Rear Yard Setback Reductions", to read "Community perimeter walls abutting other than residentially-zoned property"; 2) increase the allowable height for sheds from 7 feet to 8 feet, not 9 feet; 3) require appropriate screening of sheds from adjoining properties and street through the use of hedge, wall or fence material; and 4) increase the maximwn allowable height for hedges, walls and fences to 8 feet in rear and side yards in residential zones. For further details pertaining to the request, see attached Department of Development Memorandwn No. PZ 05-050. EXPLANATION: PROJECT: LDR Revisions (CDRV 05-007) AGENT: City initiated LOCATION: N/A DESCRIPTION: Consider proposed modifications to Land Development Regulations (LDR) relative to residential district building setbacks, and regulations for fences, walls, and sheds. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A Deve pmen \ Departmen irector City Manager's Signature ~t)~~ Planning and Zo . g trector City Attorney / Finance / Human Resources S:\Planning\SHARED\WP\SPECPROJ\CODE REVIEw\CDRV 05-007 LOR Revisions\Agenda Item Request CDRV 05-007 5-17-05 (new bus.).dot S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Fonn Must be Turned Requested City Commission Date Final Fonn Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office o AprilS, 2005 March 14,2005 (Noon.) o June 7,2005 May 16,2005 (Noon) o April 19,2005 April 4, 2005 (Noon) o June 21, 2005 June 6, 2005 (Noon) o May 3, 2005 April 18,2005 (Noon) o July 5, 2005 June 20, 2005 (Noon) [8J May 17, 2005 May 2, 2005 (Noon) o July 19, 2005 July 5, 2005 (Noon) ~ .; -'<; -< .- ¡-~ 0 0 :.:J Administrative Development Plans r',,) :_~) ~- ~ NATURE OF 0 Consent Agenda 0 New Business AGENDA ITEM [8J --. [8J Public Hearing Legal c --' ...10-._ 0 Bids 0 Unfinished Business c..::i ~,~1 ···.-,CJ ---~ rïl 0 Announcement 0 Presentation '.) ':-;; ~~ 0 City Manager's Report .~ RECOMMENDATION: Please place this request on the May 17, 2005 City Commission Agenda under Public Hearing and Legal, Ordinance - First Reading. The Planning and Development Board at their meeting April 26, 2005 and the Community Redevelopment Agency Board at their meeting April 12, 2005, recommended that the subject request be approved, with the Planning and Development Board recommending the following amendments: 1) under the heading of "Special Rear Yard Setback Reductions", to read "Community perimeter walls abutting other than residentially-zoned property"; 2) increase the allowable height for sheds ftom 7 feet to 8 feet, not 9 feet; 3) require appropriate screening of sheds from adjoining properties and street through the use of hedge, wall or fence material; and 4) increase the maximum allowable height for hedges, walls and fences to 8 feet in rear and side yards in residential zones. F or further details pertaining to the request, see attached Department of Development Memorandum No. PZ 05-050. EXPLANATION: PROJECT: LDR Revisions (CDRV 05-007) AGENT: City initiated LOCATION: N/A DESCRIPTION: Consider proposed modifications to Land Development Regulations (LDR) relative to residential district building setbacks, and regulations for fences, walls, and sheds. PROGRAM IMP ACT: N/A FISCAL IMP ACT: N/A ALTERNATIVES: N/A Develo ~ nt epa ent D ector CIty Manager's Signature ÀJ {~ k Planning and Zonin~irector City Attorney / Finance / Human Resources S:\Planning\SHARED\WP\SPECPROJ\CODE REVIEw\CDRV 05-007 LDR Revisions\Agenda Item Request LDR Revisions CDRV 05-007 5-17-05.dot S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 05-050 TO: Chair and Members of Community Redevelopment Agency Board and Planning and Development Board THROUGH: Michael W. Rumpf Director of Planning and Zoning FROM: Ed Breese Principal Planner DATE: March 31, 2005 SUBJECT: CODE REVIEW (CDRV 05-007) Land Development Regulation Revisions (Setbacks, Fences, Accessory Structures) NATURE OF REQUEST Pursuant to desires of the City Commission, staff forwards those portions of the Land Development Regulations currently under review, as an incremental step to updating the zoning regulations. These portions address building setbacks and related issues, and would assist in the ability of homeowners to renovate or construct additions to their homes. These proposed regulations should better accommodate the residents' desire to expand their living area, in many cases, without the need of one or more variances. BACKGROUND There is a high demand for home expansions within the city, as indicated by previous variance applications, and by recent inquiries made to staff and elected officials regarding expansions plans and the variance process. Variances, of course, have the burden of requiring hardship for not conforming to the letter of the law, or in this case, zoning ordinance. In most cases, no peculiarities existed to a given lot or situation, and staff was forced to recommend denial of the request. In some instances, the applicant indicated, though they did not wish to move out of their home or the City, their expansion plans could not be accommodated where they were, under the current land development regulations. With this being the case, staff made the setback issue their number one priority in the revisions to the land development regulations and therefore forwards these amendments first. ANALYSIS Staff reviewed numerous old variance applications to determine the extent to which the requests encroached into the required setbacks. It was determined that the rear setback variance was most frequently requested. This in many ways makes sense, since it is typically the largest area of the yard in which to expand the house, an addition to the rear of the house usually better integrates with the existing floor plan, and the addition would generally be further removed from street noise. Additionally, staff examined the existing land development regulations and those from the previously adopted code to gain a better understanding of the rules under which many of the homes where constructed. This insight into the built environment helped fonn the basis for recommended changes to the land development regulations. Again, Page 2 CDRV 05-007 understanding the Commission's desire to promote home improvements and expansions without a complex process and onerous hardship criteria, without degrading neighborhood quality, staff crafted the following modifications (see also Exhibit "A"): and - Reduction in rear yard setback requirements from 25 feet to 20 feet in all single-family districts. - Creation of an Administrative Adjustment (like currently existing in the code for non- conforming lots) to allow additional reductions in all yard setbacks. The proposed adjustments are minimal, again like those currently in the code for non-conforming lots, and would look something like this for a RlAA single-family lot, platted prior to June 13, 1975: Front Setback - 25 feet. With Administrative Adjustment - 20 feet. Rear Setback - 20 feet. With Administrative Adjustment - 15 feet. Side Setback - 10 feet. With Administrative Adjustment - 8 feet. - Establishment of criteria for the review and approval of Administrative Adjustments (see Exhibit HE "), which pertains to compatibility with the established character of the neighborhood, reasonableness of the request and massing of the building or addition. - Creation of a Special Rear Yard Setback Reduction for properties abutting the railroad rights- of-way, 1-95 rights-of-way, canals, lakes, Intracoastal Waterway, parks. golf courses ,and community perimeter walls; and public use, recreation, commercial and industrial zoning districts. This reduction would decrease the rear setback from 20 feet to 10 feet. This special rear yard setback is applicable to one-story additions only. - The remaining provisions help clarifY certain language already in the code regarding corner lots and through lots, and also denote that these provisions are not applicable to any PUD without formal action of the HOA and a Master Plan Modification. These provisions would also not supercede any setbacks recorded on plats. While reviewing building setbacks, two related issues surfaced that require updating and clarification. The first involves Accessory Buildings (storage structures). Staff regularly receives numerous complaints, from residents desiring to install a shed, regarding both the maximum height regulation (7 feet) and the minimum separation requirement (12 feet) from the principal structure. Very few manufacturers of pre- fabricated sheds make a model that meets the City's height regulation. The few companies that do typically only make one model, thereby limiting consumer choices for storage structures. The second issue involves the separation requirement for accessory structures. This requirement has, in some instances, made it impossible for a homeowner to place a shed on their property. Since a homeowner can now go to a place like Home Depot and buy a shed that physically attaches to the house, our code is fairly outdated. Discussion with the City's Building Code Administrator and the Fire Marshall has confirmed that there are no issues of concern for allowing sheds in close proximity, or attached to a house. As such, staff recommends the following amendments to the code: - Removal of the twelve (J 2) foot separation requirement between accessory structures and the principal structure, thereby allowing storage structures to be immediately adjacent to or attached to the house; and - Allow an increase in maximum height for storage structures from seven (7) feet to nine (9) feet; and. - Retain existing requirements for maximum square footage of storage structures (100 square feet) and minimum setback requirements (three (3) feet from rear and side property lines). The other related issue involves Wall, Fence and Hedge Regulations. In an effort to clarity requirements for walls and fences in Residential Zoning Districts, as to their placement and maximum height dependant upon placement, staff recommends the following minor rewording of the code: ._.~_.,ù.·d_,"'·~_"·,"""""""''''~'_''''''''''''''''''''''''''''''"'"''''''''··'~· Page 3 CDR V 05-007 - Fences, hedges and walls shall not exceed six (6) feet in height, above finished grade, except that in front setbacks, from the building line forward to the property line, the maximum height shall be four (4) feet. On corner lots, both road frontages are subject to the four (4) foot height limitation, in accordance with Chapter 2, Section 4.E., Visual Obstructions. RECOMMENDATION Staff recommends that the proposed amendments to Chapter 2. Zoning of the City's Land Development Regulations, regarding setbacks, accessory structures and fences, walls and hedges, be approved. It is staff's opinion that these amendments will remove barriers to desirable home expansions, provide residents more flexibility in acquiring and siting storage structures, and better regulate the placement of fences and walls, while preserving the integrity of the zoning regulations and neighborhood quality. J:ISHRDATAIPLANNINGISHAREDIWP\PROJECfSICODE REVIEW\LDR Revisions (setbacks) CDRV.DOC ~)( ~~j S' - i\ _Jt. _. / , 5 0 en ~ -_. "0 L C .;..: ~g ~ ~.£V o C .þ _ ~.- (J .c ;; B IIIÕ '6 E"l:I:: ell - .c- (, vroëii 'C M~ ~b~ ã. -... E -mE.£: C ,. I'~ 0 0 ,0 '-_ ~ r'!. 0 0 .....0 _ 0 Q) . ~ c 0 ~..... .000..... -'-.....·000..... -.QC ,,~v C) .~ tOOCDtO .~~OOOOtO IV-o c'" (J. (J).Qc E tOaar--. - -v to a a (7) - -v Q) ~ 00 > B ro.!!,O N N..- 00 ..- N N..- (7) ..- .c '- t> E' - - > 0 E ~g.!leG o.:ö ~E' O .om Oc 0. - =o.E c -0 ro:l ro:J (.) c..... -.. c: > g' E 2 .2 ~ ~ 5 ~ m:l u'!!'ï:: '* ca~ C)~ 0 "'0 >, ==~.- 1ü1O IV"C·- C.J :JcvE t>" i3' CD 1ü ro':J .c.£: ro -= ca:2 ~ 0) 1) ---.... ;; ..> ~ c:: > ð"'tJCO C) i .; III 0 0 III .- ~.I:: .g; 0) 'C i/ .2, c5. CI ~ 5: v·:;;.g> o / Õ .!2Q).S c:l :seQ) o 0 0 C ¡ š!ã ~ :.::..~ 0 ,:.c III to" to- 0" 0- OO~ 1/ OCD CIII =ccccc 0« ~ -c()~ ::s to tOo / '-a: Q)':': 000000 ~ ....>0 N N ..- r--. _ .!!! ï: t> ... :p :p .- :P :P I .~ ro 0 :J o r--...-V 1/ > OIV CDOOÕOO ~ ~ ~.cc .s; e CD£ .c.g.g.g.g.g C - oro:;:> ... 0. "'CD -Q)vvvv.2 ::>. ...."c8 ~ V eel) ....~'-'-'-'-...... 1> Q)O> a. .2 .E:"tJ -E~~~~~.~ =.cC 1/ ... ~.... ~bMbbb g :) ~'êC'O 1/ ui g ...- !:, ~ 10 M 10 10 10 (J) '5 roE v -? C ~ GI _ 0 «(J)._ - ~ C) 0 .0 >C .- :¡ (J)v 'C :P ::I -0 GI 0 1:) ....._ v -c -c o .!!! III ~ ~~::I () - 3 ¡{J2 O 0 0 0 0 :J .....- 0 _"C ~:) - C o 001 ~:J J:N GI :$:1) o.-;ro _ ro ro arooo~ ro ro aaoo~ v e O-.~... 0.... 2-c0.. c NN..-r--.q~tO NN..-(7)q~tO;: 5~ ~0"E O)? tíæ-c f 00..-("1) (7)..-("1)0::: ='0 IV.! IV ~ E g ¡:.>-æ ~ IV.Q >-.- 0 .... 0.... ::s ~ GI *- Gi ~ !ã ~. _ § I ..¡¡¡ (J) g¡ ~ o - .QOIII.c Q)ooE () >. (J).....= == >- 0::> "C :> ... 10 10 .c .- ~..... . .0 ra ....> ....'I""",.-E.:..:. ::: E oJ2£ _ > >-0 E e.ui GlAVOro 0 .~ ro-v (.) 0 o_.~...c u-¡:·· C o.co. .¡: ,¿U '¿u'~':- ëg: õ33-û5~ 0 .~ ~-2>e ûi .- .- ~ 0 ~ O.þ >-ÓÓ ~.g~ 'B g .~o. ._ ~ Õ I º(/ .Q m~ õ Q(/.Q cð ~ ~ ~ III ; cI:. cI:. = E v ro 'èij ~ -c 0) C - -.....0 CP.E: «I:::::...... ro OJ 011>£ Q)EEE Q)EEEN GI~.c- .c.c.c:;:ro~ E C roro o ;;; I ;::;. _ _ ;;::1 0::: III.. - 0 ~ ::; ::; ..... 'õ .¡: .- :9 - E c.... IU'::I::I....~ ~'::I::I "C- -.0 ~::>::>v"'" 0 E v:Jo .- _ '- $ E E .1; - L.. $ E E .1; .E ... ~ ~ CI c !!l !!l Qj ~ %:: .0 ~ ar.l:: C c en Q) c: .- .- x c: ro Q) c: .- .- x (J) !:, CI) ~ c 0 ro ro E E =:J E ro..... (J) o 0 ~oC:C:... OQ)~Oc:c:...O> _0 -cc·¡:.c 0 8·,0)0) N L.. Q) .~ '- .- .-.... '- .~ '- .- .- ", .E E iii iii 1:) ro ro v 0:J.c ~ .c -5 LL a: C/) LL ::E ::E ::E LL a: C/) LL ::E ::E::E ::¡¡¡ ::I .c .. C Ü Ü a. U a.::; co -c :: C ~ E . ~::I ::> C ro .- ~ .- GI~ i: - g ro-cCX) ¡: CIV" (J) -0)..... :z:. '-E 0.0 80> o:~ ¡:o- .- C _.E ::::> ro e ro 0 III E GI IV: c:::: a. 0> -o..E S ~ -S £" =E -..9! ~cv=' _ v 0 III ... 0 ro j! ro'- .c E .. "õ:J .. fI)«J..sf/') c: ,- E>-"ë ell ~ ~ C III GI>- -c v 0 O)ro'- 'C M:~ 00 ~õl~ OOoïii - -ë iæ E 0) -EE C - ~ ..... a 0 0 ~ ::. ~ a 0 0 ~ - ~ ~ .! 0 = >- g-.c .g; (J) ro C) - _ - 0 N 0 - _" to V to 0 E .c ~. 0...... -:= - 0) .:.c E to o to CD - -to to o to CD . -v.... S Q) "C o.ro 0) 0> ëijOlO' NNr--. CD..- NNr--. r--...- :¡¡ Vi 0- gSQ) IV&! ~ ..£: .c-cro-g E E ::I~ IV_III Q) 0''0 (J)~:9- o 0. i3'..... _GlO .0 _:= .:.c vro (.) .Q III 0 ~ :5! Ê >- -ë..5 g -g (J) .~ C) v Q)~ ->.- III ::::> 0) :i5ro.!·- ~ ~ .~ ~ g e Q) E -c .:!is 0) (J) _ :z:. ~ ~ co c ~ ~ ~ ~ .~ ~ :5 =æ g: -! o - -iiiiii 0 c S c==E'c C) u. .!!! ..:.c.c ;: .!!! -.Q 0- 0. 'C .. .S -t:- iii WI III :¡; a. .:) ë5 ¡::ß ~ e o CO') EO .c_1II "C C ::) - oOCa. o "It: 't: III .2 .:.: IV :c .~ c :P C .S! a. _ _ _ OO~ "... OO~oð is -...g ~õõõõ ::;....,g ~.S!....ro III to to ;^ 0 0 0 0 to to to 0 0 to 0 N CI c: fJ! Q) .0 o:p:p:p:¡:¡ ::> 8 'õ Q):>; ~ v ::s NN......COO.qo NNr--.CDqC'o!.0a:: c:::. .ÞE- _0000 j! 3) -c -¡:=-:: o to..-V CD v '-Q) WlOQ) WI:J:J:J:J 0.... ro oro~ëij .s; ..- ~ ~ Q) U III .!! -g ~ -g -g =.;2.... 01 Õ .c CÞ .2.... s:.-c Q'- ~ '- '- ro u 8 c:p:Qrn ... õCl) "'.c~ c~~~~ - co ~ :s:aCOñ; D. ..... .s ": ~ ~ b b b ai·9 (¡) =s -0 ~ .~ 1! -~-8 ...10101010 :E g¡..... .c«~.2! .. c CJ~- .g U) Q) > c"'-;'c co C) - 8IVIII ~ c ¡: rouQ)E __ It) IV .0 >- WI" .~ ro c Gi - v W' ..... ·-....c c~ .9 Œ.1 Of- .-....0. o ~ i : 0 .2 0 VO -c E Qj 0 ß o _ 000 _ 000 - "C- 1:)~ :i5 ~ 2 .g(J)~(J) _ rorotOaOO~ rorotOa0tO~ C"I ~...¡¡ ::1-':": ëD ß Iii c vg's-c C NN,....:coqqo NNr--.CD~C'o!.0 ~ III!:,.!:: "C~ß f! = c ~ 5.'~ c C)t: CD..-v r--...-v ~ :!_::I ! e g¡ g 8: ¡¡¡ a Q)(J)~.!!! ::I Q) C I:T .:.: - 8 .. " ro v.c"" -c ::s -, WlOf t>ï~:ß"" _ õ.o I-'-;oïii o 0 .!!~Q) !!...~.:.clš 0 c> ¡,¡-gQ)(I) _ .... - .0 - 0 c ro ,n C - ro ... .c . ... '¡IJ GiIO-..J"" v ro E ocn:ES .g b I) - ::¡¡ ." cp rü è'~ Q) :2 vi ~ c; _ . . o.~ .cP-.c "C- (J).!!! (J) 0 OI-Q).." (.) > >._ -Dill ..... ea. c c :J8~ o¡: .¿8 .¿8 i~ i-8.:.: !:,.~ .2~ 2·ê eo.lI)~ ûi . _ . _ ~ ~ .2 '> g Ii:::: ~ û5 .~ ~ :S ëD GI - Õ.... :§g.Q« :§g.Q ã.'O ;pe:! f.B e~ e ~ 'Q;'o..E£~ IV E - E ~ EO. Q) - ro a. c. CI CI V 0.... !!2EE::I~ !!2EE::s ~~ 0111111 S{j vO OJ :g¡ ß~õ:S .5 èU::I::IE (¡í'::I::IE _0::> t>&"E ~æ ð¡r ð (J) õ~ëijo C _'- -EE.- _'- -EE.- S.¡.; cm!:, Q.>- j¡.c.c·ë ~VQ)- o C'" Q) C .- .- Xc'" Q) c: .- .- X .. c: 0 ~ en ..... a ro v (\J '-E - > CI.c '"~oC:C:''' '"~0c:C:''' - c'" ro .. Q).c a; roo-cCl N eQ).:=:....·-·-.... eQ).~'-·_·_\" -P _OIV -v C.c- J:. "C ::I.cCllï¡¡ LL~(I)LL::E::E::E LL~C/)LL::E::E::E ~11: ~~! ~o::: :2 1-0 I- « Oro.c.c EXHIBIT B ADMINISTRA TIVE ADJUSTMENT TO MINIMUM YARD SETBACKS INTENT The intent of these provisions is to provide minor reductions to the minimum yard setbacks in order to better facilitate renovation/redevelopment efforts on individual lots in single-family zoning districts. In staff consideration of requests for administrative adjustment to minimum yard setbacks, various criteria will be utilized to detennine compatibility with and impact on the surrounding neighborhood. Staff will review the site constraints, building orientation and floor plan functionality issues that justify the request. Additionally, staff will take into consideration compatibility with the established character of the neighborhood, the massing of the building or addition(s) and reasonableness of the request. SUBMITTAL REQUIREMENTS A. Proof of property ownership by petitioner(s), such as deed or purchase contract agreement. B. Justification statement detailing the need for the setback adjustment, including site constraints, building orientation, floor plan functionality and other restrictions. C. Provision of the following: 1. Two sealed surveys by a registered surveyor in the State of Florida, not over six (6) months old, indicating: A) All property lines B) North arrow C) Existing structures and paving D) Existing elevations E) Rights-of-way, with elevations F) Easements on or adjacent to the site G) Utilities on or adjacent to the site H) Legal Description I) Number of acres to the nearest one-hundredth (1/100) of an acre J) Location sketch of property 2. Two site plans properly dimensioned and to scale depicting the following: A) Location of all existing structures on the property B) Location and dimension of any new construction C) Setback dimensions to all property lines D) Location of, and dimension to, streets, alleys and easements on or adjacent to the property E) Floor plans of proposed addition(s) and of adjacent habitable space in the existing structure F) Location, number and size of existing and proposed parking spaces on the property 3. Photographs depicting the existing conditions on the property, area of the proposed addition(s), and views facing adjacent properties Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida April 12, 2005 Motion Mr. Tillman moved to postpone the matter and direct staff to set up a workshop. Motion seconded by Mr. Barretta and unanimously carried. Mr. Rumpf asked if the Board foresees needing any additional information from them for the workshop. Mr. Hutchinson suggested better maps. 2. Project: LDR Revision (CDRV 05-007) Agent: City initiated location: N/A Description: Request to amend the land Development Regulations (lOR), Chapter 2, Zoning, Section 4.B, 4.J and 5.A- 5.E, relative to residential district building setbacks, and regulations for fences, walls, and sheds. Ed Breese, Principle Planner, informed the Board the item dealt with setbacks in residential districts. The Commission asked staff in its first duty in rewriting the land Development Regulations to look at the setbacks within the residential districts based on the number of variances that have been going through the process. They also asked them to look at the number of phone calls they receive from people who want to add on a family room or extra bedroom, because they have had an addition to their family and they can't fit it within the current Code. What staff did was look at the previous Codes to see what the setbacks were when most of the houses were built. They additionally looked at the variance applications, to see what were the most prevalent types of variances. Staff came up with the following recommendations: . Reduction in rear yard setback requirements from 25 feet to 20 feet in all single-family districts. . Creation of an Administrative Adjustment to allow additional reductions in all yard setbacks. The proposed adjustments are minimal, again like those currently in the Code for non-conforming lots, and would look something like this for a RtM single-family lot, plotted prior to June 13,1975: Front Setback-25 feet. With Administrative Adjustment-20 feet. Rear Setback-20 feet. With Administrative Adjustment-15 feet. Side Setback-tO feet. With Administrative Adjustment-8 feet. . Establishment of criteria for the review and approval of Administrative Adjustments (see Exhibit "B"), which pertains to compatibility with the 14 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida April 12, 2005 established character of the neighborhood, reasonableness of the request and massing of the building or addition. · Creation of a Special Rear Yard Setback Reduction for properties abutting the railroad rights-of-way, 1-95 rights-of-way, canals, lakes, Intracoastal Waterway, parks, golf courses, and community perimeter walls; public use, recreation, commercial and industrial zoning districts. This reduction would decrease the rear setback from 20 feet to 10 feet. This special rear yard setback is applicable to one-story additions only. Mr. Breese stated more than likely the setback is 25 feet and they are suggesting it be 20 feet, and if you are on a lake, you can actually go to 10 feet. The Commission has heard from numerous people who had to sell their houses because they cannot expand. The Code was developed in 1975 and the one before that was 1962, and has not been updated for a long time. There is a need to develop a zoning Code that is more in line with what people want to do today. One of the things they heard from the Commission was they want to make the process simpler. As far as the Accessory Buildings, right now the regulations on the books state the shed must be a minimum of 12 feet away from the principle structure, and could be no higher than 7 feet tall. Mr. Breese stated since a homeowner can now go to a place like Home Depot and buy a shed that physically attaches to the house, the Code is fairly outdated. Discussion with the City's Building Code Administrator and the Fire Marshal has confirmed that there are no issues of concern for allowing sheds in close proximity, or attached to a house. Staff recommends the following amendments to the Code: · Removal of the twelve (12) foot separation requirement between accessory structures and the principal structure, thereby allowing storage structures to be immediately adjacent to or attached to the house. · Allow an increase in maximum height for storage structures from seven (7) feet to nine (9) feet. · Retain existing requirements for maximum square footage of storage structures (100 square feet) and minimum setback requirements (three (3) feet from rear and side property lines). Ms. Horenburger questioned if there was a requirement if your house was situated on a corner and you wanted to build a shed on that side of the house, would it have to be screened? Mr. Breese said to the best of his recollection, sheds could be In any yard except front yards. They can be on a side yard, even if you are on a corner, and he did not think it would be required to screen it. 15 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida April 12, 2005 Mr. Fenton stated if the subdivision does not allow for a shed, you couldn't have a shed. Mr. Breese stated, if it was the desire of the Board that a shed which is not in the rear yard, must be screened, they could add that regulation. Ms. Horenburger felt it should be a requirement to have the shed screened if it is on the street frontage. Mr. Breese stated the other related issue involves wall, fence and hedge regulations. In an effort to clarify some of the language in the Code, staff recommends the following minor rewording of the Code: Fences, hedges and walls shall not exceed six (6) feet in height, above finished grade, except that in front setbacks, from the building line fOlWard to the property line, the maximum height shall be four (4) feet. On corner lots, both road frontages are subject to the four (4) foot height limitation, in accordance with Chapter 2, Section 4.E., Visual Obstructions. Mr. Breese stated most fences are made six (6) feet high. Hedges are more troublesome. There were many historic districts which had high hedges, and the problem for that was relative to reversing out of your driveway. If your neighbor has a six-foot high wall, fence or hedge, you would have trouble seeing any oncoming traffic, or pedestrians. Mr. Barretta stated if they loosened up the requirements for sheds, they would probably see a lot more sheds and they are going to potentially be nine feet. He understood the liability issue in the front setback but wondered if there should be a prohibition against someone who wanted to screen their shed around the side and rear with an eight foot fence or wall. (Mr. DeMarco left the meeting at 8:48 p.m.) Mr. Breese stated if it is the desire of the Board to look at an eight (8) foot height in the rear and side property lines, they could take that fOlWard with a recommendation to the Commission to re-evaluate the six (6) feet. Vice Chair Tillman stated if they are allowing a shed to go from seven (7) feet to nine (9) feet, and on the comer lots, even though the shed is on the back of the property, it is still viewed by the public, the eight (8) foot hedge Is still not going to cover it. He thought there should be some exceptions where there are comers, when dealing with sheds and hedges. Motion Ms. Horenburger moved to approve the amendment of the Land Development Regulations. Motion seconded by Mr. Barretta and unanimously carried. 16 Meeting Minutes Planning and Development Board Boynton Beach, Florida April 26, 2005 Chairman Wische noted there was no one in the public audience to address the issue. Motion Vice Chair Hay moved to approve the request to abandon a portion of an unimproved 3D-foot wide road. Motion seconded by Mr. Casaine and unanimously carried. 8. Code Review 1. Project: LDR Revisions (CDRV 05-007) Agent: City Initiated Location: N/A Description: Proposal to amend the Land Development Regulations, Chapter 2, Zoning, Section 4.B, 4.J, and 5.A-5.E, relative to residential district building setbacks, and regulations for fences, walls, and sheds Ed Breese, Principal Planner, presented the item. ./ Building Setbacks The City Commission requested staff during their review and re-write of the Land Development Regulations (LDR) to look at the setbacks in the residential districts due to the magnitude of variance requests that were coming to the City, most of which dealt with rear yard setbacks. While reviewing rear yard setbacks, staff determined to look at all the setbacks so homeowners would be able to expand their homes to add an additional bedroom, meet expanding family needs, etc. In so doing, families would be able to remain in the City instead of having to move. Staff will be making the recommendations (1) to reduce rear-yard setbacks in all single- family zoning districts from 25' to 20'; and (2) to allow an administrative adjustment for setbacks that could be handled in-house by staff. Mr. Breese reviewed the zoning changes that staff could administratively adjust regarding· setbacks in R-1 AA zoning districts for single-family homes as follows: ./ Front setbacks of 25' with administrative adjustment could go to 20'. ./ Rear setbacks would be 20' in all districts and with an administrative variance it could go to 15'. ./ Side setbacks are currently 10' and, with an administrative adjustmént, could go to 8'. Staff is also recommending the creation of special rear-yard setbacks for properties that abut railroad tracks, 1-95, lakes, the Intracoastal and properties that do not have a "neighbor" in their backyard. In these instances, the rear yard setback could go from 20' to 10'. This category would also include City and private parks. 5 Meeting Minutes Planning and Development Board Boynton Beach, Florida April 26, 2005 close a residence. Sheds, however, are prohibited from being placed in the front yard and must be placed in the rear or side yards. When this issue was brought before the CRA Board, they recommended sheds be screened from the street and view, where possible, and especially on corner lots. This could be done with fencing, a hedge or other type landscaping. Mr. Rodriguez inquired if there would be restrictions on the color and design of the sheds. Staff is not recommending this, since it is not done for residences. Mr. Saberson inquired how close a shed could be built to the rear and side yards. Mr. Breese stated the current code is 3' from any property line. Staffs recommendation contains this, as well as allowing sheds to be a maximum of 100 square feet, which is the current code. Mr. Rodriguez inquired if a permit was necessary for a shed and was informed a permit was required. Mr. Breese pointed out that homeowner association rules and regulations would still prevail over the City's requirements. Ms. Jaskiewicz inquired why this is now being brought up. Mr. Breese stated the City continues to receive complaints from people when they find out they can only have a 7' shed. Also, many people cannot place a shed 12' from their house. As a result, the City felt this needed to be re-addressed. Mr. Breese pointed out the standard for sheds is much larger than what the City allows. Mr. Rodriguez inquired why the City did not recommend 8', which is a standard height for most ranch homes. Mr. Breese pointed out that currently 9' high fountains are permitted in yards. Mr. Rodriguez requested staff to reconsider limiting the height of sheds to 8'. Mr. Casaine pointed out that the standard shed sold at Home Depot is 8'. Mr. Breese was amenable to recommending 8' instead of 9' to the Commission. Mr. Saberson recommended that this bè included in the motion. There was a consensus to go with 8'. ./ Fences, Walls and Sheds The CRA recommended fence heights for side and rear yards be increased from 6' to 8'. Mr. Breese inquired if this Board would also agree with this recommendation. This would include all types of fencing. Board members agreed to increase the height of fences to 8'. Mr. Baldwin inquired where the height of the fence was measured. Mr. Breese pointed out that a fence is measured from the natural ground. Mr. Saberson inquired about having a berm and a 6' wall on top and whether this would still be allowed. Mr. Breese explained PUD's are treated differently and are approved with a master plan. Staff is looking at single-family homes throughout the City. 7 Meeting Minutes Planning and Development Board Boynton Beach, Florida April 26, 2005 accessory buildings would be 8'; and the maximum height for fences, walls and hedges would be 8'. Motion seconded by Mr. Casaine and unanimously carried. 2. Project: Building Colors along selected roadways (CDRV 05-009) Agent: City initiated Location: N/A Description: Proposal to amend the Land Development Regulations, Chapters 4 and 9 to limit building colors, and require the review/approval for changes to building colors for buildings located along Boynton Beach Boulevard, Federal Highway and Congress Avenue Mr. Rumpf reported that this item was not ready to be addressed. Attorney Tolces advised that no action on the Board's part was necessary. 9. Other None 10. Comments by M~mbers None 11. Adjournment . There being no further business, the meeting properly adjourned at 7:47 p.m. Respectfully submitted, ~ }t,.IlL~ Barbara M. Madden Recording Secretary (April 27, 2005) 9 XII. - LEGAL ITEM A.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 D April 5, 2005 March 14,2005 (Noon.) D June 7, 2005 May 16,2005 (Noon) D Apri] ]9,2005 April 4,2005 (Noon) D June 21, 2005 June 6, 2005 (Noon) D May 3, 2005 April 18,2005 (Noon) D July 5, 2005 June 20, 2005 (Noon) Ç) [g May 17, 2005 May 2, 2005 (Noon) D July 19,2005 July 5, 2005 (Noon) C)--I ---. --<: '-, <C::J ¡j -~ ,--'"j D Administrative D Development Plans r·-:¡ ·',C:) cc) -' ....... NATURE OF D Consent Agenda D New Business '''-- . , AGENDA ITEM D Public Hearing [g Legal _~ì C' ~ -.... '-~ ..:>- is "- D Bids D Unfinished Business .. ::'2 :=;:; D D N CJþ Announcement Presentation .¡;:~ i'ì"(-) -..'-..... D City Manager's Report RECOMMENDATION: Please place this request on the May 17, 2005 City Commission Agenda under Legal, Ordinance - Second Reading. On February 1, 2005, the City Commission approved this item (including First Reading of the Ordinance) thereby transmitting the corresponding Land Use Amendment request to the Florida Department of Community Affairs (DCA). That item has returned from DCA so all items are now ready for fmal ordinance processing. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 05-024. EXPLANATION: PROJECT: High Ridge/New Urban Communities (ANEX 05-001) AGENT: Timothy Hernandez and Roger Decapito of New Urban Communities, Inc. OWNER: Paramount Investment Group LOCATION: Northwest comer of High Ridge Road and Miner Road DESCRIPTION: Request to annex ±18.438 acres ofland current designated MR-5 (5 du/ac) and LR-2 (2 du/ac) and zoned RS (Single Family Residential) (Pabn Beach County). PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVE~ N/A 4/~ Develop' ñ, ~P' enflldot itý Manager's Signature ~J Z rt- Planning ând Zo~irector City Attorney / Finance / Human Resources S:\Planning\SHARED\WP\PROJECTS\High Ridge- New Urban Communities\ANEX 05-001 \Agenda Item Request High Ridge.New Urban Comm ANEX 05-001 2nd reading 5-17-05.dot S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC I 1 ORDINANCE NO. 05- (X)B 2 3 AN ORDINANCE OF THE CITY OF BOYNTON 4 BEACH, Fl,ORIDA, ANNEXING 18.44+/- ACRES OF 5 LAND THA T IS CONTIGUOUS TO THE CITY 6 LIMITS \VITHIN P Al,M BEACH COUNTY AND 7 THAT \VILL, UPON ANNEXATION, CONSTITUTE 8 A REASONABLY COMPACT ADDITION TO THE 9 CITY TERRITORY; PROVIDING THAT THE 10 PROPER LAND USE DESIGNATION AND PROPER 11 ZONING OF THE PROPERTY SHALL BE 12 REFLECTED IN SEPARATE ORDINANCES TO BE 13 PASSED SIMUL T ANEOUSI~ Y HEREWITH; 14 PROVIDING FOR CONFLICTS, SEVERABILITY, 15 CODIFICATION AND AN EFFECTIVE DA TE; 16 PROVIDING THAT THIS ORDINANCE SHALL BE 17 FILED WITH THE CLERK OF THE CIRCUIT 18 COURT OF PALM BEACH COUNTY, FLORIDA, 19 UPON ADOPTION. 20 21 WHEREAS, the Comprehensive Plan for the City of Boynton Beach requires the ?~ development of an Annexation Program; and _L. 23 WHEREAS, the owners, Paramount Investment Group and George Kechriotis 24 by and through their agent, New Urban Communities, Timothy L. Hemandéz and Roger 25 Decapito, of the property more particularly described hereinafter, has heretofore filed a 26 Petition, pursuant to Section 9 of Appendix Á-Zoning, of the Code of Ordinances, City 27 of Boynton Beach, Florida, for the purpose of annexing a certain tract of land consisting 28 of approximately 18.44 acres; and 29 WHEREAS, the City of Boynton Beach hereby exercises its option to annex the 30 following tract of land as hereinafter described, in accordance with Article I, Section 7 31 (32) of the Charter of the City and Section 171.044, and 171.062(2), Florida Statutes; 32 and 33 S:\CA\Ordinance3\Planning\Annexations\Annexation - High Ridge New Urban.doc ,,,,,~,,,,;:,____O;¡",,,,...,_,.,._,,....."___'"__''''''''"~'''"''''''''''''~'Ä'''-.,'-"'. 1 \VHEREAS, said tract of land lying and being within Palm Beach County is 2 contiguous to the existing city limits of the City of Boynton Beach, and wiIl, upon its 3 annexation, constitute a reasonably compact addition to the City territory. 4 NO''', THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION 5 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 6 Section I. That each and every Whereas clause is true and correct. 7 Section 2. Pursuant to Article I, Section 7 (32) of the Charter of the City of 8 Boynton Beach, Florida and Section 171.044, Florida Statutes the foIl owing described 9 unincorporated and contiguous tract of land situated and lying and being in the County 10 of Palm Beach, Florida, to wit: 11 See Legal Description attached 12 13 CONT AINfNG APPROXIMA TEL Y 18.44 ACRES OF LAND 14 15 is hereby annexed to the City of Boynton Beach, Florida, and such land so annexed shall 16 be and become part of the City with the same force and effect as though the same had 17 been originally incorporated in the territorial boundaries thereof. 18 Section3 : That Section 6 and 6(a) of the Charter of the City of Boynton Beach, 19 lorida, is hereby amended to reflect the annexation of said tract of land more particularly 20 escribed in Section 2 ofthis Ordinance. 21 Section 4: That by Ordinances adopted simultaneously herewith, the proper City 22 oning designation and Land Use category is being detennined as contemplated in Section 23 71.162(2), Florida Statutes. 24 Section 5. All ordinances or parts of ordinances in conflict herewith are hereby 25 epealed. 26 Section 6: Should any section or provision of this Ordinance or any portion thereof S:\CA\Ordinances\Planning\Annexations\Annexation - High Ridge New Urban.doc 1 e declared by a court of competent jurisdiction to be invalid, such decision shall not affect the 2 remainder of this Ordinance. 3 Section 7: This Ordinance shall not be passed until the same has been advertised 4 r two (2) consecutive weeks in a newspaper of general circulation in the City of Boynton 5 each, Florida, as required by the City Charter and Section 171.044, Florida Statutes. 6 Section 8. This ordinance shall become effective immediately upon passage. 7 Section 9. Specific authority is hereby given to codify this Ordinance. 8 Section 10. This ordinance, after adoption, shall be filed with the Clerk of the 9 Circuit Court of Palm Beach County, Florida. 10 FIRST READING this _L day of Fe.bru.o...ri--,2005. 11 SECOND, FINAL READING and PASSAGE this ~ day of ,2005. 12 CITY OF BOYNTON BEACH, FLORIDA 13 14 15 Mayor 16 17 18 Vice Mayor 19 20 21 Commissioner 22 23 24 Commissioner 25 26 ATTEST: 27 Commissioner 28 29 City Clerk 30 31 S:\CA\Ordinances\planning\Annexations\Annexation - High Ridge New Urban. doc I__AND DESCRIPTION SOUTH 1/2 OF GOVERNMENT LOT 7 (PARCEL 1) and PARCEL 2, ACCORDING TO OFFICIAL RECORDS BOOK 15070, PAGE 1193 AND LOTS 33 THROUGH 36 "PLAT OF HIGH RJDGE SUBDIVISION" PLAT BOOK 22, PAGE 6, PALM BEACH COUNTY RECORDS, ALL BEING A PORTION OF SECTION 8, TOWNSHIP 45 SOUTH, RANGE 43 EAST PARCEL 1 THE SOUTH ONE-HALF (S 'Ii) OF GOVERNMENT LOT 7, IN SECTION 8, TOWNSHIP 45 SOUTH, RANGE 43 EAST, BEING 12 ACRES MORE OR LESS, LYING AND BEING IN PALM BEACH COUNTY, FLORlDA. LESS (LOPl) THE SOUTH 60.00 FEET OF GOVERNMENT LOT 7, SECTION 8, TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORlDA, LESS THE EAST 25.00 FEET THEREOF, MORE PARTICULARl Y DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SECTION 8, TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORlDA; THENCE SOUTH 88°30'45" WEST, ALONG THE SOUTH LINE OF SAID SECTION 8, A DISTANCE OF 25.05 FEET TO A POINT ON A LINE LYING 25.00 FEET WEST OF, WHEN MEASURED AT RlGHT ANGLES, AND PARALLEL WITH THE EAST LINE OF SAID SECTION 8 AND THE POINT OF BEGINNING OF THE PARCEL TO BE HEREIN DESCRlBED; THENCE CONTINUE SOUTH 88°30'45" WEST, ALONG THE SOUTH LINE OF SAID SECTION 8, A DISTANCE OF 361.27 FEET TO A POINT; THENCE NORTH 02°53'24" EAST, A DISTANCE OF 60.18 FEET TO A POINT ON A LINE LYING 60.00 FEET NORTH OF, WHEN MEASURED AT RlGHT ANGLES, AND PARALLEL WITH THE SOUTH LINE OF SAID SECTION 8; THENCE NORTH 88°30'45" EAST, ALONG THE SAID PARALLEL LINE, A DISTANCE OF 360.59 FEET TO A POINT ON A LINE LYING 25.00 FEET WEST OF, WHEN MEASURED AT RlGHT ANGLES, AND PARALLEL WITH THE EAST LINE OF SAID SECTION 8; THENCE SOUTH 02°14'00" WEST, ALONG THE SAID PARALLEL LINE, A DISTANCE OF 60.13 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL. SAID PARCEL CONTAINING 0.4972 ACRES, MORE OR LESS. LESS (LOP2) A TRIANGULAR PARCEL OF LAND FOR ROAD RlGHT OF WAY PURPOSES LYING IN GOVERNMENT LOT 7 OF SECTION 8, TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, STATE OF FLORlDA, MORE P ARTICULARl Y DESCRIBED AS FOLLOWS: FOR THE PURPOSE OF nlIs DESCRIPTION THE SOUTH LINE OF SAID SECTION 8 IS ASSUMED TO BEAR NORTH 89° 16'21" EAST AND ALL BEARINGS RECITED HEREIN ARE RELATIVE THERETO. COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 8; THENCE SOUTH 89°16'21" WEST, ALONG THE SOUTH LINE OF SAID SECTION 8, A DISTANCE OF 25.05 FEET TO THE EXISTING WEST RlGHT OF WAY LINE OF HIGH RlDGE ROAD, BEING A LINE 25.00 FEET WEST OF (AS MEASURED AT RlGHT ANGLES TO) AND PARALLEL WITH THE EAST LINE OF THE SOUTHEAST ONE-QUARTER (SE v..) OF SAID SECTION 8; THENCE NORTH 02°59'35" EAST ALONG SAID WEST RlGHT OF WAY LINE, A DISTANCE OF 60.13 FEET TO A POINT AT THE INTERSECTION WITH A LINE 60.00 FEET NORTH OF (AS MEASURED AT RlGHT ANGLES TO) AND PARALLEL WITH THE SOUTH LINE OF SAID SECTION 8 AND THE POINT OF BEGINNING; THENCE CONTINUE NORTH 02°59'35" EAST ALONG SAID WEST RIGHT OF WAY LINE OF HIGH RlDGE ROAD, A DISTANCE OF 17.41 FEET; THENCE SOUTH 46°07'58" WEST DEPARTING FROM SAID WEST RlGHT OF WAY LINE, A DISTANCE OF 25.41 FEET TO SAID LINE 60.00 FEET NORTH OF AND PARALLEL WITH THE SOUTH LINE OF SECTION 8; THENCE NORTH 89°16'21" EAST ALONG SAID PARALLEL LINE, A DISTANCE OF 17.41 FEET TO THE POINT OF BEGINNING. CONTAINING] 51.3 SQUARE FEET, MORE OR LESS. PARCEL 2 COMMENCING AT THE SOUTHEAST CORNER OF SECTION 8, TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA; THENCE SOUTH 88°30'45" WEST, ALONG THE SOUTH LINE OF SAID SECTION 8, A DISTANCE OF 386.32 FEET TO THE SOUTHWEST CORNER OF GOVER,l\JMENT LOT 7 OF SAID SECTION 8; THENCE NORTH 02°53'24" EAST ALONG THE WEST LINE OF SAID GOVERNMENT LOT 7, A DISTANCE OF 60.18 FEET TO A POINT ON A LINE LYING 60.00 FEET NORTH OF, WHEN MEASURED AT RIGHT ANGLES, AND PARALLEL WITH THE SOUTH LINE OF SAID SECTION 8 AND THE POINT OF BEGINNING; THENCE SOUTH 88°30'45" WEST, ALONG THE SAID PARALLEL LINE, A DISTANCE OF 115.50 FEET TO A POINT; THENCE NORTH 01 °34'02" EAST, A DISTANCE OF 1259.39 FEET TO THE SOUTHWEST CORNER OF LOT 36, ACCORDING TO THE PLAT OF HIGH RIDGE SUBDIVISION, AS RECORDED IN PLAT BOOK 22, PAGE 6, IN AND FOR THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE NORTH 88°38'08" EAST, ALONG THE SOUTH LINE OF SAID LOT 36, A DISTANCE OF 144.63 FEET TO THE NORTHWEST CORNER OF THE SOUTH ONE-HALF (S '12) OF SAID GOVERNMENT LOT 7; THENCE SOUTH 02°53'24" WEST, ALONG THE WEST LINE OF SAID GOVERNMENT LOT 7, A DISTANCE OF 1260.96 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL. SAID PARCEL CONTAINING 3.7549 ACRES, MORE OR LESS. CONTAINING: 607,577 SQUARE FEET (13.948 ACRES), MORE OR LESS. TOGETHER WITH LOTS 33 THROUGH 36, "PLAT OF HIGH RIDGE SUBDIVISION", ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 22, PAGE 6, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. CONTAINING: 195,721 SQUARE FEET (4.493 ACRES), MORE OR LESS. TOTAL CONTAINING: 803,298 SQUARE FEET (18.441 ACRES), MORE OR LESS. DEVELOPMENT DEPARTMENT PLANNING & ZONING DIVISION MEMORANDUM NO. PZ 05-024 TO: Chair and Members Community Redevelopment Agency Board FROM: Hanna Matras 4\ t'\ Planner THROUGH: Michael W. Rumpf Director of Planning and Zoning DATE: January 20, 2005 PROJECT NAME/NUMBER: High Ridge/ANEX 05-001-LUAR 05-002 REQUEST: To annex the property; to amend the Future Land Use Designation from Palm Beach County's MR-5 (Medium Density Residential, maximum 5 dwelling units per acre (du/acre) and LR-2 (Low Density Residential, 2 du/acre) to HDR (High Density Residential, 10.8 du/acre) and rezone from Palm Beach County's Single Family Residential (RS) to Planned Unit Development (PUD). PROJECT DESCRIPTION Property Owner: Paramount Investment Group and George Kechriotis Appl ¡cant/Agent: New Urban Communities/Timothy L. Hernandez and Roger Decapito location: Northwest corner of High Ridge Road and Miner Road (Exhibit "A ") Parcel Size: ±18.44 acres Existing Land Use: Palm Beach County's land use designations of MR-5 Medium Density Residential with an underlying maximum residential density of 5 dwelling units per acre (du/acre) and LR-2 Low Density Residential with an underlying residential density of 2 dwelling units per acre (du/acre) Existing Zoning: RS Single Family Residential (Palm Beach County) Proposed Land Use: High Density Residential (10.8 du/acre) Proposed Zoning: Planned Unit Development Proposed Use: 48 single family homes and 126 townhomes File Number: LUAR 05-002-ANEX 05-001 High Ridge Adjacent Uses: North: Single family homes in unincorporated Palm Beach county, designated LR-2 Low Density Residential (2 du/acre) and zoned RS Single Family Residential. South: The right-of-way of Miner Road, then developed property (flex space warehouse) designated Industrial (I) and zoned M1 Light Industrial; further south a town home development (Canterbury, currently under construction), with a density of approximately 9.9 du/acre, designated Industrial (I) and zoned Planned Industrial Development (PID); to the southwest, undeveloped property within unincorporated Palm Beach County designated Industrial (IND) and zoned Single Family Residential (RS). East: The right-of-way of High Ridge Road, then, to the northeast, Cedar Ridge Estates, with single family homes and town homes (town homes built at 8.04 du/acre), designated Low Density Residential (LDR) and zoned Planned Unit Development (PUD). To the northwest, High Ridge Commerce Park, developed properties designated Industrial (I) and zoned Planned Industrial Development (PID). West: To the west, undeveloped property (High Ridge Country Club) designated Low Density Residential (LDR) and zoned R1AA Single Family Residential. EXECUTIVE SUMMARY Staff recommends approval of the requested annexation, land use amendment and rezoning for the following reasons: 1. The request is consistent with the objectives of the City's annexation program and relevant policies in the Comprehensive Plan. 2. Annexation of the said property will reduce a pocket of an unincorporated county area surrounded on three sides by the City boundary. 3. Even though the requested land use amendment and rezoning is inconsistent with the recommendation of the Land Use Problems and Opportunities section of the Comprehensive Plan's Future Land Use Support Document, which advises Low Density Residential land use designation for the subject parcel, it would not create significant land conflicts. The review of the uses in the surrounding area shows reasonably comparable densities. Moreover, the project design establishes an appropriate transition from non-residential to residential uses and from the higher to the lower residential densities. 2 File Number: LUAR 05-002-ANEX 05-001 High Ridge 4. 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. 5. The proposed development meets the standards for development within the PUD zoning district. PROJECT ANALYSIS The parcels which are the subject of this land use amendment total 18.44 acres; therefore, the proposed land use change qualifies as a large-scale amendment pursuant to Chapter 163 F.S. Following local board review and City Commission public hearing, a "large-scale" amendment is transmitted to the Florida Department of Community Affairs for review for compliance with the state, regional and local comprehensive plans prior to adoption. Following the review period of approximately 60 days, DCA provides the City with a report of their findings in an "Objections, Recommendations and Comments (ORe) Report". The City then has 60 days to either (1) adopt the amendment as transmitted, (2) adopt the amendment with changes in response to the ORC report, or (3) determine not to adopt the amendment and inform DCA of that decision. According to Florida Statutes Chapter 163, large-scale amendments may only be adopted during two amendment cycles each calendar year. This amendment request is a part of the pt round of amendments for the 2005 calendar year. This proposed amendment is being reviewed for transmittal to the Florida Department of Community Affairs (DCA). After transmittal and DCA review, the proposed amendment will be scheduled for adoption in June 2005. The proposed land use amendment is inconsistent with one of the recommendations included in the Comprehensive Plan. The recommendation is advisory and not a part of a plan policy. Nevertheless, staff is required to review the petition against the following eight (8) criteria by which land use amendments and rezonings are to be reviewed as indicated in Section 9.C.7.: a. Whether the proposed rezoning would be consistent with applicable comprehensive plan policies including but not limited to, a prohibition against any increase in dwelling unit density exceeding 50 in the hurricane evacuation zone without wnlten approval of the Palm Beach County Emergency Planning Division and the Citýs risk manager. The planning department shall also recommend limitations or requirements, which would have to be imposed on subsequent development of the property, in order to comply with policies contained in the comprehensive p/an. The aforementioned recommendation is contained in Section VIII, Land Use Problems and Opportunities, of the Future Land Use Support Document. Initially adopted into the Comprehensive Plan with the intent of directing development and redevelopment activities in nine (9) planning areas within the city, recommendations of Section VIII have at present advisory character only. The subject property is located in planning area 5B. The recommendation reads: "The unplatted parcels on the west side of High Ridge Road, immediately north of the Miner Road right-ot-way should be annexed, however, prior to development (...) shou/d be placed in the Low Density Residential Land use category'~ 3 File Number: LUAR 05-002-ANEX 05-001 High Ridge This recommendation is also referenced in the High R/äge Road Corridor Study, published by the Palm Beach County in 1997. The study has not been adopted and it is supposed to be conveyed to the local governments as an informational item to be considered at the time of annexation and lor development approval for any of the reviewed sites. The objectives of the study include maintaining the predominantly residential character of the area, keeping densities and housing types in new residential projects consistent with those in existing developments and limiting access and traffic on High Ridge Road. The subject property is located in the southernmost vicinity of the study, Area 3, and is referred to as Tract B. The proposed use is residential as recommended, but the applicant is requesting High Density Residential land use. However, the proposed use should not create significant land use conflicts given that (1) to the south and southeast, the adjoining properties have an industrial land use designation; (2) there are townhomes to the east of the project, developed at a density of 8.09 dulacre (townhome density only); (3) the R1AA, single family zoning of the property to the west of the project, carries a maximum density of 5.4 du/acre, which corresponds to Moderate Density Residential land use designation, rather than the Low Density Residential actually on the ground and; (4) the applicant proposes single family homes along the west and north perimeter of the project, minimizing the land use conflict with either existing (to the north) or future (to the west) single family homes. Such master plan layout establishes the project as a transition from non-residential to residential uses and from the higher to the lower residential densities west, north and northeast of the property. Finally, the density proposed for the project is 9.44 dulacre, below the maximum of 10.8 du/acre allowed in the High Density Residential land use. A number of comprehensive plan policies of the Future Land Use Element and Housing Element support the amendment. These include: · Urban sprawl-discouraging policies under Objective 1.13 of the Land Use Element, such as Policy 1.13.4: 1.13.4: "7ñe City shall further discourage urban sprawl; (A) Prevent the presence or frequency of the primary indicators of urban sprawl through continuous promotion of compact deve/opments within the City's urban service area~ while requiring the maximization of all public se/Vices for each development in the most cost effective manner possible (..J/ · Policies concerned with housing choices for the community, under Objective 1.19 of the Land Use Element and Objective 6.1 of the Housing Element, such as policy 1.19.1 and policy 6.1.1: 1.19.1: "7ñe City shall continue efforts to encourage a full range of housing choices (..)" 6.1.1: The City shall provide information technical assistance, and explore possible incentives with the private sector to maintain a housing production capacity sufficient to meet the community needs. Possib/e incentive could include (...) density increases"; · Policies promoting the principles of using the New Urbanism in development and redevelopment, under Objective 1.22. The proposed project is a compact, high density, new urban development as promoted by policy 1.13.4. and by policies under Objective 1.22. It would provide 48 single family homes to 4 File Number: LUAR 05-002-ANEX 05-001 High Ridge meet a significant demand for single family product in the environment where the new home market is dominated by townhomes (relatively few single family homes were build in the City in recent years). It will also provide 126 townhomes, a product for which a strong demand continues as demonstrated by sales in recently completed similar projects. The subject property is not located in the hurricane evacuation zone, so the Future Land Use Element Policy 1.12.1 pertaining to residential developments in hurricane evacuation zone does not apply. b. Whether the proposed rezoning would be contrary to the established land use pattem/ or would create an isolated district unrelated to adjacent and nearby distric~ or would constitute a grant of special privilege to an individual property owner as contrasted with the protection of the public welfare. The proposed rezoning will not be contrary to the established land use pattern, will not create an isolated district, nor will it constitute a grant of special privilege to the owner. As argued in item (a) above, the applicant proposes single family homes along the north and the west perimeters of the property, where either developed single family homes or vacant single family lots abut the property. Similarly, Cedar Ridge Estates, east of the property, is developed with both townhomes and single family homes, the latter being specifically placed to transition unit type and density to the single family homes north of the project in the unincorporated county. Cedar Ridge townhomes are developed at the density of 8.09 du/acre (as compared with the 9.44 du/acre for the proposed project). Another townhome development, Canterbury, a recently approved project with a density of 9.9 du/acre, is located about 1,350 feet (1/4 of a mile) south from the subject property. c. Whether changed or changing conditions make the proposed rezoning desirable. There have been changes that make the proposed land use amendment and zoning desirable. The population growth rates within the county and the city have been significantly higher than expected over the past decade, fuelling a very strong demand for housing. Increasing the density when it is feasible is one way to accommodate this demand. Land is becoming increasingly scarce; few larger parcels of 2 or more acres for residential devèlopment exist in the city. Consequently, land prices escalated; the need to assemble parcels has further increased the development costs. As a result, a townhome has become a preferred residential product, and it has been readily embraced by the market as part of an urban lifestyle. The product is desirable in view of the scarcity of land and anti-sprawl and transit-oriented development increasingly promoted in South Florida and reflected in the city's Comprehensive plan. The Tri-Rail station is located approximately V2 mile from the proposed development; a bus stop is located nearby on High Ridge Road. These changes have taken hold since the Comprehensive Plan was amended through 1998 EAR. The transformation of Quantum from an Industrial Park into a mixed use area with 1000 residential units illustrates the trend. Some 426 of these units are townhomes; as indicated in (b), Canterbury, a recently approved Quantum townhome project with a density of 9.9 dujacre, is located about 1,350 feet south from the subject property. The proposed use of the property will represent a transition from the multifamily, commercial and industrial uses south and southeast of the property to low density residential to the west 5 File Number: LUAR 05-002-ANEX 05-001 High Ridge and north. Moreover, the industrial and commercial development (either existing or recently approved) in close proximity of the project will provide employment opportunities. d. Whether the proposed use would be compatib/e with utility systems/ roadway~ and other public facilities. The applicant has provided a traffic analysis that indicates that if the property were redeveloped with single family homes under the current county land use designation, it would generate 750 average daily trips as compared to 1,362 average daily trips generated by the proposed project (a mix of single family detached-attached dwellings), or 612 more trips per day. If the maximum density at the proposed land use designation were utilized, 1,393 average daily trips would be generated, an increase of 643 trips over the existing land use potential. The review of the existing traffic conditions on the directly impacted link, High Ridge Road, indicates that the number of average daily trips in 2003 (with the peak season factored in) was 5,312, while the capacity at the level of service "D" on the said link was 15,400. Therefore, a significant unused capacity exists; in fact, the road is effectively operating at a level of service "B". The analysis shows volume-to capacity ratios for High Ridge Road (at the level of service "D'') in 2008 and 2025 at 0.47 and 0.54, respectively. The ratios indicate that, on the long run, the road would still be operating at the better level of service "B". At present, the Palm Beach 2030 Transportation Proposed Cost Feasible Plan shows High Ridge Road at two lanes; the previous county recommendation to widen the right-of-way to four lanes has been revised. 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 demand is expected to be 78,648 gallons for water and 35,392 GPCD for sewer service. The City's utility plants currently have unreserved capacity to serve the projected demands of the proposed project. Required infrastructure improvements will include a pump station for sewer; water access is adjacent to the property. 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 la-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 January 7, 2005, 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. e. Whether the proposed rezoning would be compatible with the current and future use of adjacent and nearby propertie~ or would affect the property values of adjacent or nearby properties. The proposed rezoning will be compatible with adjacent and nearby properties, and will only serve to increase the value of these properties. The projected unit pricing ranges from $300- to $400 thousand for the townhomes and from $400- to $600 thousand for the single family homes. 6 File Number: LUAR 05-002-ANEX 05-001 High Ridge f. Whether the property is physica//y and economica//y deve/opable under the existing zoning. With annexation into the City, the Palm Beach County land use designation and zoning must be changed to the city land use designation and zoning district. Physically, the property could be developed with single family homes under the city's Low- or Moderate Density Residential land use designations and corresponding single family zoning districts. However, the current economics of the market (chiefly very high land prices) could make it unfeasible for the property to be developed at a significantly lower density. 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 is reasonably related to both (see above section "c". h. Whether there are adequate sites elsewhere in the city for the proposed use/ in districts where such use is already allowed. There are currently no vacant residential lots within the city to accommodate a project of the proposed scale and density. MASTER PLAN ANALYSIS 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, amenities and landscape design. To that end, all applications for rezoning to a PUD Planned Unit Development must be accompanied by a detailed master plan. The maximum density allowed by the High Density Residential land use classification is 10.8 du/acre; the applicant proposes a density of 9.44 du/acre. The master plan (Exhibit "B'') shows forty-eight (48) single family lots and 126 townhomes in 19 structures. The average unit size would be 1,900 square feet for the townhomes and 2,600 square feet for the single family homes. The townhome buildings extend along the south and east perimeters of the property. A drainage lake at the property's center incorporates a recreation area; the pool and cabana are located on a small peninsula. The lake tract occupies approximately 2.45 acres. The master plan shows three access points, all from High Ridge Road. This is contrary to the recommendation of the High Ridge Corridor Study for primary access for the subject property to be on Miner Road. However, given the property configuration (the lot frontage at Miner Road is only 458 feet) and the proximity of the Miner Road/High Ridge Road intersection, the feasibility of this recommendation is questionable. The study also recommends that any secondary access on High Ridge Road be aligned with the entrance to the Cedar Ridge PUD. The master plan shows the suggested alignment for the primary access point. The proposed master plan reflects the basic tenets of the New Urbanism; in fact, the development would be the first new urban community in Boynton Beach containing detached single family homes. 7 File Number: LUAR 05-002-ANEX 05-001 High Ridge The new urban design features include: 1. Smaller building setbacks The proposed building setbacks are generally smaller that those in existing or approved PUDs (see below). Such setbacks foster proximity between the public and private realms, thus facilitating closer interactions among inhabitants and creation of a real community in a social sense of this term. Building setbacks are as follows: For the single family homes: Front: 15 feet (as opposed to 20-25 feet in other PUDs) Side 5 feet (as opposed to 6-15 feet in other PUDs) Rear 10 feet (as opposed to 15-25 feet in other PUDs) For town home structures: Front: 10 feet (up to 20 in other PUDs) Side 5 feet (up to 10 in other PUDs) Rear 5 feet (up to 10 in other PUDs) 2. Rear garages accessed from alleys This feature contributes to a pedestrian-friendly environment which downplays the role of an automobile. 3. Front porches and balconies These features also facilitate creation of a more friendly community, offering opportunities for people to get to know others in the neighborhood. 4. Spatially defined open spaces Likewise, these facilitate community interactions. For example, the lake resides completely in the public realm, with no private access for any of the residences. S. A non-gated community CONCLUSIONS/RECOMMENDAnONS The request is consistent with the objectives of the City's annexation program and relevant policies in the Comprehensive Plan. Even though it is inconsistent with the recommendation of the Land Use Problems and Opportunities of the Comprehensive Plan's Future Land Use Support Document, which advises Low Density Residential land use designation for the subject parcel, it would not create significant land conflicts and is justified in part by current land development trends and characteristics within the area and in Quantum Park. 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 esthetically and a development that meets the standards expected in the PUD zoning district. Therefore, staff recommends that the subject request be approved. 8 File Number: LUAR 05-002-ANEX 05-001 High Ridge If the Community Redevelopment Agency Board or the City Commission recommends conditions, they will be included within Exhibit "C", ATIACHMENTS S:\Plannlng\SHARED\WP\PROJECTS\Hlgh Rldge- New Urban Communltles\LUAR OS-002\STAFF REPORT High Rldge.doc 9 HIGH RIDGE Exhibit A New Urban Communities LUAR 05-002-ANEX 05-001 .'. ----.-- .......- --~---_._-- ------.-- -.......... ------............--......_-.............~ --- - -- ....~....-.".-..._~... ..__...~.-,.-~...--_... ~- - --- - -.--....-.--.- .. I I I ¡ i i I i I I I I i i ! I i i I ! I I I I I I ...--- y ....._.~-_._...... -- r- -- ------I-~--·_·-- -.--.-..--.- "'"'-'- " ""/-} i ( i --. [;r ._u._ ..._~-' C~J ,-......-..-...-- 590 295 0 590 Feet N A Ii Ii IIi II II 'Ii /III I¡ ill ¡Iii 1111111 { II ! !I ¡II ¡ II I¡IIII II /.II ! IIII!I ~ ~ :J: ! ¡ !IIIIIII! !II I! /1 11111111111 - Dr - ... ~ i Ig a q ~ Ii , I Q~¡p ª~ Ii . ~ i /: Ii ~: ð~ t ;1 h!.q ilf øf f I f ~ II ¡ h ~1~ @. a . ~ æ1 im ~ ~ '. 1IlIIIIIif IliljlllUlfll1U ; UII f~ f¡,~ I I ! !II ~ ~ il~1 · &7 Jf¡ h J j ~ ~. i!ù' ! I i l " H" ,wl 11m m.;~ HP hi ¡ ! ~ I 11i'" ...." ! "If .... H! ,jIb '~Ø¡¡'i~ '1,"-8j~ 1~§~'· 1~1E~i ~ ~ ~ ~ ã ~.. ~...j .. I'll ¡i·· I' ~ ~ ~¡;s ~Iz ~æ¡;¡~~,~ æ~r'~ æ iIi , 'I(j H§~~i~ ~~~.ï¡. H ¡!i ~id~j¡r -. ~ ·ao~~i· 2·'~ ¥E ¡ § ~ ~ !E~~ ~~t~~~ _:L ~CJ ~~ð_:~ .rrnO ... i!;':: t . < ~ ';><P r 8 ::¡ : ~¡ ~ ill . ~ ~ a ¡;¡ I~ ~ - ¡;¡" ~a o~ Jrl~l~i~F:"-~' rt:~~~:;_. ~ t: ~-~ ~ .-.-".""~"'.'.-" " "~'.I Ii) ii~r ~~~ ~ , J - ~" UJqi; ~ µJ;¡:.... :!: ,~; . r- i; -< " '" m ~ If) .::-.:}IIq R ~ I~~ ~ ~ J x '; , ~ .p" ~ "~ ~ ~ @~ , ,--ô ~ f""' ~ mm ¡ ~ S 2.~ ¡ ª ' ,~ .í "illl Hígh Rídge if!f nIl &g. 1.. , I, 1¥ '/i New Urban Communities ~I i I f !.g 1£ ~tll ~ I d ,!. Boynton Beach, Florida ~ Meeting Minutes City Commission Boynton Beach, Florida February 1, 2004 Vice Mayor McCray concurred with Mr. Norem's remarks. He had served on the Cemetery Board and recalled that the earlier survey had not been accepted because the feeling was that they wanted to get rid of the existing field before finding a new one. The study group had wanted the Commission to go out and find a place for a new little League Field. Motion Vice Mayor McCray moved to approve Consent Agenda Item VLF, to ratify the City Managers action to accept a proposal from C. R. Dunn, Inc. at a cost of $53,930 to replace the lights at the Little League Park. Commissioner Ferguson seconded the motion. Vice Mayor McCray suggested that the term "not to exceed" be included in the motion with reference to the price. Vice Mayor McCray and Commissioner Ferguson agreed to add "not-to-exceed" before $53,930. The motion passed unanimously. VII. CODE COMPUANCE .. LEGAL SETTLEMENTS: None VIII. PUBLIC HEARING: 7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS Mayor Taylor announced the first reading of Proposed Ordinance No. 05-008. City Attorney Cherof read Proposed Ordinance No. 05-008 by title only. City Attorney Cherof administered the oath to all who planned to testify during the public hearing. At Mayor Taylor's request, and with the permission of the applicant and all interested parties, aU three High Ridge agenda items were discussed concurrently. A. Project: High Ridge/New Urban Communities (ANEX 05-001) Agent: Timothy Hernandez and Roger Decapito of New Urban Communities, Inc. Owner: Paramount Investment Group Location: Northwest corner of High Ridge Road and Miner Road Description: Request to annex ±18.438 acres of land currently designated MR-5 (5 du/ac) and LR-2 (2 du/ac) and zoned RS (Single Family Residential) (Palm Beach County) (1ST READING OF PROPOSED ORDINANCE NO. 05-008) 18 Meeting Minutes City CommiS5ion February 1,2004 Boynton Beach, Florida 8-1. Project : High Ridge/New Urban Communities (LUAR 05-002) Agent: Timothy Hernandez and Roger Decaplto of New Urban Communities, Inc. Owner: Paramount Investment Group Location: Northwest corner of High Ridge Road and Miner Road Description: Request to amend ± 18.438 acres of land on the Comprehensive Plan Future Land Use Map from Medium Density Residential (Palm Beach County) to High Density Residential (HDR) (JST READING OF PROPOSED ORDINANCE NO. 05-009), and B-2. Request to rezone from Single-family Residential (RS) (Palm Beach County) to Planned Unit Development (PUD) (zST READING OF PROPOSED ORDINANCE NO. 05-010), Proposed Use: Single-family residential and townhouse community Tim Hernandez, Principal of New Urban Communities, Inc., owner of the property located at the northwest corner of Miner Road and High Ridge Road, addressed the Commission. He briefly outlined the history of his organization, stating that they had been focused on doing infill redevelopment and traditional neighborhood development projects throughout South Florida, in Broward and Palm Beach Counties. Mr. Hernandez explained the design practices of his group. He cited a Quote from Mike Bush of the Treasure Coast Regional Planning Council, where he said that of all the people who were building in his area, New Urban Communities, Inc. was about the best for infiU development. Mr. Hernandez showed aerial views of the property. He stated that High Ridge Road was a mixed-use area already. They were proposing two different things: 1) town homes of Mediterranean and Anglo-Caribbean style ranging form 1,850 to 2,000 square feet under air, with a total square footage including garage and balconies averaging 2,200 to 2,500 square feet. The lowest priced one will be $325,000 and go up to $400,000; 2) single family homes of 2,200 to 4,000 square feet, three to five bedrooms. Mr. Hernandez showed a copy of the site plan. Town homes are sited along the edge of High Ridge and Miner Roads and going to the north, the homes are all single-family detached. There is a Recreation Center in the middle surrounded by a lake. Streets were provided along the west edge of the property for future interconnectivity to the property to the west and to the north, when they are developed. 19 Meeting Minutes City Commission Boynton Beach, Florida February 1, 2004 New Urban Communities was requesting three things, 1) annexation to Boynton Beach; 2) a Land Use Plan Amendment from Palm Beach County Medium Density Residential and Low Density Residential to Boynton Beach Medium Density Residential (They had originally applied for High Density, but at the Planning & Development meeting the previous week, had agreed to do Medium Density); 3) rezoning from Palm Beach County RS to Boynton Beach PUD, and Master Plan approval. Mr. Hernandez displayed a list of land use/rezoning justifications. Using conservative pricing and considering the current millage rate of Boynton Beach, Mr. Hernandez stated that this project would generate over $lM in additional property taxes for the City of Boynton Beach each year. This includes deducting the Homestead exemption and assuming that the properties are appraised at 850/0 of fair market value. Also, according to the Business Development Board of Palm Beach County, 10% of the house value is what the average household spends in the local community. If this were applied to this development, there would be about $6M per year of additional spending in Boynton Beach. They had met with the Cedar Ridge Homeowners Association and he thought it had been mutually beneficial. Hanna Matras, Planner, commented about the Land Use and Opportunities Section of the Comprehensive Plan Future Land Use Support document, saying that there was a section advising Low Density Residential Land Use on this particular parcel. She stressed that this section was part of the Comprehensive Plan and had been adopted by reference, but since last year, it was no longer part of the Comprehensive Plan. Staff has done a more detailed review of the surrounding land uses. Having done that they think that there would be no significant Land Use conflicts. About 30% of the perimeter of the project is bordered by Industrial uses and the density of the town homes in Cedar Ridge are built at a little over 9 dwelling units/acre (du/aae). About 1,300 feet south of the subject property, Canterbury is built at over 9 du/acre. Staff believes the applicant has done an outstanding job of providing a perfect transition for this area. The staff report discusses this project in depth and is available from the City Clerk's office as a public record. Staff recommended approval of all three requests. Mayor Taylor opened the Public Hearing. Herb Suss, citizen of Boynton Beach, was in favor of the project, but asked how many units were anticipated. Ms. Matras responded, 174 units. Mr. Suss thought that with two cars per family on average, that this would increase the traffic in the area by 300 cars. 20 Meeting Minutes City Commission February 1, 2004 Boynton Beach, Florida Mayor Taylor responded that the County had looked at this and while there was heavy traffic in the morning and afternoon, it was still 350/0 of the traffic that was allowed on High Ridge Road. Mr. Hernandez stated that it was actually 380/0 of capacity for the road and that a two-lane arterial road in Palm Beach County has a capadty of 14,900 cars per day. The 2004 traffic counts showed 5,700 a day on High Ridge Road. The traffic could be tripled on this road, and it would still be under capacity. Ms. Matras commented that the only potential crisis area was the intersection of Hypoluxo and High Ridge Roads, which was close to capacity during the peak morning and evening hours. The formal analysis of the impact of the project on the intersections will come with the site plan. The County Traffic Engineer assured Ms. Matras that there was no way that one project could tip this into the failing intersection state. Richard Levy, 1973 Tom a Toe Road, Boynton Beach, FI 33426, read a letter from Susan Larsen, another resident from his street, who felt as he and most of the others on the road did that if development had to occur, it should be at low density only. Also, this project would change the rural character of the area to an urban one, something that no one wanted. Where would the ingresses and egresses be to the property? Would they aU be on High Ridge Road? How much green space was the developer offering? Would the pine trees be kept? What would happen to the horse cemetery on the site of the stables? The City could buy this property for a nice l8-acre park. The City seems to be aI/owing more and more density without concern for green space, parks, recreational facilities, and traffic. He referred to a conversation with County Commissioner Warren Newell, who believed that this area should have low density. Karen Garren, High Ridge Road, expressed concern about the amount of traffic this project would generate. Although the speed limit was 30 mph, the actual traffic went much faster than that. She was concerned about what it would do to her property values. Also, she would be .personally affected if High Ridge Road needed to be widened. She asked for low density in any development in the area. Danny Underwood, 28 Maplewood Court, Boynton Beach, lives directly east of the proposed project. He was impressed with it, having visited some of the other developments in Defray Beach and Jupiter that this developer had completed. This site was not suitable for a park because a park woufd bring in and out traffic whereas the proposed project would only have destination traffic. Michael King, 10 Redwood Court, Boynton Beach, President of the Cedar Ridge HOA and President of the Community Master Association, present with several Board members and neighbors. He thanked the developer for meeting with them and addressing their concerns. Most of the 30-40 people who attended were in favor of the project. Most peopfe were primarify concerned with the increase in traffic 21 Meeting Minutes City Commission Boynton Beach, Florida February 1, 2004 from the many developments taking place at the southern end of High Ridge Road and the Publix complex planned for Gateway just to the west. Adding the proposed project to it would increase traffic hazards in some places. This would worsen with the opening of the Canterbury project. Several Planning & Development Board members expressed concern about the peak hour rush traffic, which was already unacceptable. It was now necessary to sit through 2 or 3 generations of a light before being able to go through the intersection in the morning. The Intersection of Gateway Boulevard and High Ridge Road was also too close to the southern on ramp for 1-95. Mr. King asked Ms. Matras whether she had compared the density of the proposed project with the town home community of Cedar Ridge. Ms. Matras said that was correct, and that the proposed project was only consistent with the town home portion of the Cedar Ridge PUD, not when the entire Cedar Ridge PUD was considered. Mr. King stated that the entire Cedar Ridge PUD was built out at 4.6 to 4.8 dujacre. The Cedar Ridge PUD was low density, and Mr. King's point was that it was not consistent with the medium density project that was proposed. Ms. Matras contended that density was a relative thing - ;t had a visual component and a mathematicaf one. The town homes in the Cedar Ridge PUD were developed at 9.06 du/acre. That made it of comparable density to the planned project. A resident of Cedar Ridge stated that it was a rural, country-style living community that was consistent with the City's Land Use Development Plan. They wanted to see the densities come down to maintain the open and spacious feel that was part of what the area offered. That is why they bought there and their property values had increased significantly because of the low-density land use, which many desired, but few could find. What was fiscally beneficial to the city came with a price and that was the privacy and space for which many people purchased homes in this area. That privacy and space was slowly being eroded. The City had to balance high and low density to give people who want to raise families more choices instead of less. Bob Crissey, 7521 High Ridge Road, Boynton Beach, asked how many people would be living in the new development. Mr. Hernandez responded that there would be about 250 people in the town homes and around 300 In the singJe-family homes. Mr. Crissey thought this would mean about 700 more cars. He also commented on the extremely busy nature of the road and the long light at Gateway Boulevard and High Ridge Road. He wanted the number of people and the number of cars to be made public in detail. He wanted to see some fairness. He had invested a lot of money and had to decide whether he wanted to keep his property or not. Jeanette Tortora, 1801 Tom a Toe Road, Boynton Beach, was concerned about the Increased density of people and traffic. She also complained about the traffic light 22 Meeting Minutes City Commission February 1, 2004 Boynton Beach, Florida on Gateway and High Ridge. She hoped that the City would try to keep High Ridge Road as a little bit of country In the City. Victor Notfus, 261 N. Palm Drive, Boynton Beach travers on High Ridge Road and finds it congested already, even before the developments are finished. Timothy Lamb, 1860 Tom a Toe Road, Boynton Beach, felt that urbanism was wonderful- for downtown Delray Beach. This was country, 18 acres of green land. He mentioned the many accidents at Gateway and 1-95 and that any traffic study did not take the new developments into consideration. Rob Goodman, 1961 Tom a Toe Road, Boynton Beach, echoed all the sentiments of those against this project. He felt that the increase in development was creating an atmosphere for disaster. He asked about the City's plans for traffic after the Publix complex on Gateway was finished. Tara Archer, 7383 High Ridge Road, Boynton Beach gave the history of the area when it was a dead-end country road with one-acre lots. She is President of the Great Southern High Ridge Property Owners Association south of Hypoluxo and spoke for them also. They would approve a low-density project like Cedar Ridge but without the town homes. She asked if the town homes would be three stories high. Also, the lake Worth Christian High School was adding an elementary and middle school to its complex on High Ridge Road. Where would all the children go to school? Ms. Archer wanted to see detailed traffic statistics of how many drivers actually use High Ridge Road per day. Tim Morrell, 1933 Tom a Toe Road, Boynton Beach, expressed concern about the intersection of Hypoluxo Road and High Ridge Road, which would suffer with more traffic. Mr. Morrell viewed infill development as fixing up a blighted area of the City and this area was not like that. He compared it to farm country. He called the proposed project, "urban sprawl." I Mr. Hernandez stated that the Proposed property was a stable for horses and had never been a farm. He commented that an area within one harf mile of an Interstate Highway Interchange, on a Palm Tran bus route and in dose proximity to Tri-Rall, was not a good place for one-acre lots. They had already begun to see the conversion of the uses along High Ridge Road. He felt that the value of the land would outstrip the value of the houses in the next year, if it had not happened already. The further development of High Ridge Road was a reality that time would bring. He realized that it was distressing to have the character of an area change. 23 Meeting Minutes City Commission Boynton Beach, Florida February 1, 2004 Mr. Hernandez addressed the traffic concerns of the residents. He stressed that High Ridge Road was being used at 38% of its capacity and still functioned well even at peak hours and even at Gateway Boulevard. If traffic became an issue, the County might decide to widen High Ridge Road. However, to get enough volume on High Ridge Road to justify widening it would take a great deal more development than the one currently under consideration. Alicia Levy, 1973 Tom a Toe Road, Boynton Beach, asked where the children would go to school. She felt that it was not possible to widen High Ridge Road since many property lines were right on the road. The road had never been improved and she felt the project would create congestion. Ms. Matras stated that the project had obtained concurrency from the Palm Beach County School Board. She advised that the peak traffic on High Ridge Road, morning and evening, had been measured at 779 and 559 cars respectively, and the cap was 1,450 cars. Commission Comments Commissioner Ferguson felt that one issue was density and the other was traffic. He felt that the traffic issue could be solved with the County. He could definitely foresee that Gateway Boulevard and High Ridge Road might be widened in the not-too-distant future. Mayor Taylor stated that the project had to meet traffic performance standards and school requirements before it could even appear before the Commission. He offered to ask the County's head Engineer to look at the light on Gateway Boulevard and High Ridge Road to see if the cycle time could be improved. Having to wait through two light c.ydes was a problem that could possibly be adjusted. Mayor Taylor advised that if the County wanted to widen the road, it would do so. It could take the homes that abut it by eminent domain and pay the owners for their property. An area resident stated that the concurrency for the road showed no widening. Also, there was a 3S-acre natural scrub area that could not be changed. Mayor Taylor said that it would be a misconception to believe that things could never change. In regard to County Commissioner Newell's letter, Mayor Taylor had spoken to hrm and advised him of the Planning & Development's condition that the development change from high to medium density. Commissioner Newell was relieved to hear that this was the case. 24 Meeting Minutes City Commission Boynton Beach, Florida February 1, 2004 Mayor Taylor commented that his agenda item said High Density for this item and he wanted it on the record that he would not approve of anything more than at most, medium density and that would be a condition of his approval. Mr. Hernandez responded that this was their original application, but they had agreed at the Planning & Development Board meeting to change to medium density. Commissioner Ensler asked the applicant if they had discussed what could be built on this site with the County before coming to the Oty of Boynton Beach. Mr. Hernandez responded that the County would allow 5 du/acre, but he never talked to them since they wanted to be part of Boynton Beach. Commissioner Ensler did not understand why the Proposed development was not compared to the Cedar Ridge PUD in its entirety, and not just to the town home portion. He was concerned about compatibility between zoning and a reasonable transition between zoning. A property of 9+ du/acre was not compatible with the 4.6- 4.8 du/acre to the east and the 2 du/acre to the north, and the 9.9 du/acre to the south. Commissioner Ensler read some points from County Commissioner Newelf's letter dated January 24, 2005 and asked staff to comment on them. 1) "The proposed high-density housing project is incompatible with the surrounding properties to the north. The project is also in conftict with the adopted High Ridge Road Corridor Study." Ms. Matras responded that they had not heard from the County that the Corridor Study had been adopted. But, the main point was that the recommendation for low density residential was not the recommendation of the County, but the County's reference to the City's earlier Comprehensive Plan, which had included a recommendation for low density residential for this area. As mentioned earlier, that was no longer part of the Comprehensive Plan. 2) "The Plan (The High Ridge Road Corridor Study), which was developed with input from residents and the City of Lake Worth, Town of Lantana and the City of Boynton Beach, requires primary access for Tract B (the Proposed site) onto Miner Road. Any secondary access to High Ridge Road should be shared with any new development to the north, and aligned with the entrance to the Cedar Ridge PUD if possible." Commissioner Ensler asked Ms. Matras if the proposed project met that condition. Ms. Matras responded that it did not. The shape of the parcel was a consideration. Also, access would be too close to the intersection if the platted road the appIJcant referred 25 Meeting Minutes City Commission Boynton Beach, Florida February 1, 2004 to immediately to the west of the proposed project became an access for it. The access to this project from High Ridge Road would be in line with the Cedar Ridge development entrance. Commissioner Ensler felt that the density should be compatible with the density to the east, or something like 5 dujacre. Mike Rumpf, Planning & Zoning Director, added that this contradicted the original direction established in the 1989 Comprehensive Plan that was written several years ago. He did not recall what the basis was for having such an abrupt transition from industrial land to the residential community. Today, the greater development in the area, especially that of Quantum Park, had influenced the picture. He saw this as a transition from higher density in the industrial area down to the lower density of the residential. Zoning was not a science and there was no pat, textbook answer. The City had not totally overlooked the High Ridge Communities and the older County zoning, but was trying to find a middle ground. Staff believecl that the proposed project met the City's master plan requirements in an ideal sense. Commissioner McKoy inquired about the traffic situation, and Ms. Matras stated that the full traffic concurrency would be done at the site plan stage of the project. At that point, any mitigation of traffic impact will be discussed. Mayor Taylor announced the first reading of Proposed Ordinance No 05-008. City Attorney re-read Proposed Ordinance No. 05-008 (Annexation) by title only. Motion Commissioner Ferguson moved to approve Proposed Ordinance No. 05-008 (ANEX 05- 001). Commissioner McKoy seconded the motion. City Clerk Prainito called the roll and the motion passed 4-1, Vice Mayor McCray dissenting. B~l High Ridge/New Urban Communities (LUAR 05-002) Request to amend :i:18.438 acres of land on the Comprehensive Plan Future Land Use Map from Medium Density Residential (Palm Beach County) to High Density Residential (MDR) (1ST READING OF PROPOSED ORDINANCE NO. 05-009) Mayor Taylor announced that this was the first reading of Proposed Ordinance No. 05- 009. Mayor Taylor had verified with the applicant earlier In the discussion that the 26 Meeting Minutes City Commission February 1, 2004 Boynton Beach, Florida applicant had agreed to Medium Density Residential as opposed to the High Density Residential shown in the Item's title on the agenda. The applicant reconfirmed this. City Attorney Cherof read Proposed Ordinance No. 05-009 by title only. Commissioner Ensler asked how many units were allowed per acre for Medium Density. Ms. Matras responded that it was 9.68 du/acre. Motion Commissioner Ferguson moved to approve Proposed Ordinance No. 05-009 (LUAR 05- 002). Commissioner McKoy seconded the motion. City Clerk Prainito called the roll and the motion passed 3-2, Wee Mayor McCray and Commissioner Ensler dissenting. B-2 High Ridge/New Urban Communities Request to rezone from Single-family Residential (RS) (Palm Beach County) to Planned Unit Development (PUD) (1ST READING OF PROPOSED ORDINANCE NO. 05-010) Mayor Taylor announced the first reading of Proposed Ordinance No. 05-010. Oty Attorney Cherof read Proposed Ordinance No. 05-010 by title only. Motion Commissioner Ferguson moved to approve Proposed Ordinance No. 05-010. Commissioner McKoy seconded the motion. City Clerk Prainito called the roll and the motion passed 4-1, Vice Mayor McCray dissenting. THE MEE77NG RECESSED A T 9:08 P.M. AND RESUMED AT 9::18 P.M. C. Project: Knollwood Groves (LUAR 05-001) Agent: Chip Bryan, Julian Bryan & Associates, Inc. Owner: Knoflwood Groves, Inc. Location: 8053 Lawrence Road, west side of Lawrence Road at the intersection of Miner Road Descrtptlon: ReQ~ to amend ±30.683 acres of land on the Comprehensive Plan Future Land Use Map from Agriculture (A) to Low Density Residential (LDR) (:1ST READING OF PROPOSED ORDrNANCE NO. 05-0~1); and 27 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 D April 5, 2005 March 14,2005 (Noon.) D June 7, 2005 May 16,2005 (Noon) D April 19,2005 April 4,2005 (Noon) o June 21,2005 June 6, 2005 (Noon) D May 3, 2005 April 18,2005 (Noon) D JuJy 5, 2005 June 20, 2005 (Noon) ~ May 17,2005 May 2,2005 (Noon) o July 19, 2005 July 5, 2005 (Noon) i... ~) D Administrative 0 Development Plans ':-) --I ,. ~:-ì ~-~~ -< D --:--,... -., (::~ NATURE OF 0 Consent Agenda New Business }:-;::;'I ) ¡-1 ~~ AGENDA ITEM 0 Public Hearing ~ Legal ! ----CO) (~ 0 0 .¡:- -- Bids UnfInished Business 0 D Presentation -0 ('-, ---i Announcement ....:lh.. CJ 0 ~2 :::: City Manager's Report ~ -~';m .. -rrl r',) çJ J> RECOMMENDATION: Please place this request on the May 17, 2005 City Commission Agenda under Ì7egal,;7l ~ Ordinance - Second Reading. On February 1,2005, the City Commission approved this item (including First Reading of the Ordinance) thereby transmitting it to the Florida Department of Community Affairs (DCA). This item has been returned ftom the DCA and is now ready for final ordinance processing. Please recall that the Commission approved the land use reclassification to Medium Density Residential (as indicated in the proposed ordinance) in lieu of High Density Residential land use as requested by the applicant (see original description below). For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 05-024. EXPLANATION: PROJECT: High Ridge/New Urban Communities (LUAR 05-002)) AGENT: Timothy Hernandez and Roger Decapito of New Urban Communities, Inc. OWNER: Paramount Investment Group LOCATION: Northwest corner of High Ridge Road and Miner Road DESCRIPTION: Application is a request to amend ±18.438 acres ofland on the Comprehensive Plan Future Land Use Map ftom Medium Density Residential (Palm Beach County) to High Density Residential (HDR). See recommendation above. Proposed use: Single-family residential and townhouse community. PROGRAM IMPACT: FISCAL IMPACT: AL TERNATIVES: ~ City Manager's Signature Planning and Zo rrector City Attorney / Finance / Human Resources S:\Planning\SHARED\ WP\PROJECT igh Ridge- New Urban Communities\LUAR 05-002\Agenda Item Request High Ridge.New Urban Comm LUAR 05-002 amend 2nd reading 5-17-05.dot S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC 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 o Apri] 5, 2005 March 14,2005 (Noon.) o June 7, 2005 May ]6,2005 (Noon) o April 19, 2005 April 4, 2005 (Noon) o June 21, 2005 Junc 6,2005 (Noon) o May 3, 2005 Apri] ]8,2005 (Noon) o Ju]y 5, 2005 June 20, 2005 (Noon) 1:8] May 17, 2005 May 2, 2005 (Noon) o July 19,2005 July 5, 2005 (Noon) ) +~ --~ .._.J¡ -<..-. <,---- ., 0 Administrative 0 Development Plans r·~·) NATURE OF 0 Consent Agenda 0 New Business ~..+~ AGENDA ITEM - ----:I j-i 0 Public Hearing 1:8] Legal 0 Bids 0 Unfmished Business ., -,,- 0 0 "0) o 'J> Announcement Presentation ;:1(} 0 City Manager's Repðrt RECOMMENDATION: Please place this request on the May 17, 2005 City Commission Agenda under Legal, Ordinance - Second Reading. On February 1, 2005, the City Commission approved this item (including First Reading of the Ordinance) thereby transmitting it to the Florida Department of Connnunity Affairs (DCA). This item has been returned from the DCA and is now ready for fmal ordinance processing. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 05-024. EXPLANATION: PROJECT: High Ridge/New Urban Communities (LUAR 05-002» AGENT: Timothy Hernandez and Roger Decapito of New Urban Connnunities, Inc. OWNER: Paramount Investment Group LOCATION: Northwest corner of High Ridge Road and Miner Road DESCRIPTION: Request to amend ±18.438 acres ofland on the Comprehensive Plan Future Land Use Map from Medium Density Residential (Palm Beach County) to High Density Residential (HDR). Proposed use: Single-family residential and townhouse connnunity. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A Develop t epa ent Directo City Manager's Signature Pllc¿)d~/ City Attorney I Finance / Human Resources annmg an omn lTector S:\P]anning\SHARED\WP\PROJECTS\High Ridge- New Urban Communities\LUAR 05-002\Agenda Item Request High Ridge.New Urban Comm LUAR 05-002 amend 2nd reading 5-] 7 -05.dot S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC 1 ORDINANCE NO. 05- 00<1 2 3 AN ORDINANCE OF THE CITY OF BOYNTON 4 BEACH, FLORIDA, AMENDING ORDINANCE 5 89-38 BY AMENDING THE FUTURE LAND USE 6 ELEMENT OF THE COMPREHENSIVE PLAN 7 FOR A PARCEL OWNED BY PARAMOUNT 8 INVESTMENT GROUP AND GEORGE 9 KECHRlOTIS, AND LOCATED ON THE 10 NORTHEWEST CORNER OF HIGH RIDGE 11 ROAD AND MINER ROAD; CHANGING THE 12 LAND USE DESIGNA TION FROM MEDIUM 13 DENSITY RESIDENTIAL AND LOW DENSITY 14 RESIDENTIAL (PALM BEACH COUNTY) TO 15 MEDIUM DENSITY RESIDENTIAL (MDR); 16 PROVIDING FOR CONFLICTS, SEVERABILITY, 17 AND AN EFFECTIVE DATE. 18 19 WHEREAS, the City Commission ofthe City of Boynton Beach, Florida has 20 adopted a Comprehensive Future Land Use Plan and as part of said Plan a Future Land 21 Use Element pursuant to Ordinance No. 89-38 and in accordance with the Local 22 Government Comprehensive Planning Act; and 23 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 two (2) public hearings the City Commission acting in its 27 dual capacity as Local Planning Agency and City Commission finds that the 28 amendment hereinafter set forth is consistent with the City's adopted Comprehensive 29 Plan and deems it in the best interest of the inhabitants of said City to amend the 30 aforesaid Element ofthe Comprehensive Plan as provided. 31 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 32 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: S:\CA\Ordinances\Flanning\Land Use\High Ridge New Urban.doc I I 1 Section 1: The foregoing WHEREAS clauses are true and correct and 2 incorporated herein by this reference. 3 Section 2: Ordinance No. 89-38 of the City is hereby amended to reflect the 4 foHowing: 5 That the Future Land Use of the fol1owing described land located on the 6 Northwest comer of High Ridge Road and Miner Road in Boynton Beach, Florida shal1 7 be changed horn Medium Density Residential and Low Density Residential (Palm 8 Beach County) and shaH now be designated as Medium Density Residential (MDR): 9 See Legal Description attached 10 11 12 Subject to easements, restrictions, reservation and rights of way of record. 13 14 15 Section 3: That any maps adopted in accordance with the Future Land Use Element 16 of the Future Land Use Plan shaH be amended accordingly. 17 Section 4: All ordinances or parts of ordinances in conflict herewith are hereby 18 repeal ed. 19 Section 5: Should any section or provision ofthis Ordinance or any portion thereof 20 be declared by a court of competent jurisdiction to be invalid, such decision shall not affect 21 the remainder of this Ordinance. 22 Section 6: This Ordinance shall take effect on adoption, subject to the review, 23 challenge, or appeal provisions provided by the Florida Local Government Comprehensive 24 Planning and Land Development Regulation Act. No party shall be vested of any right by 25 virtue ofthe adoption ofthis Ordinance until all statutory required review is complete and 26 all legal challenges, including appeals, are exhausted. In the event that the effective date is S:\CA\Ordinances\Planning\Land Use\High Ridge New Urban. doc 1 established by state law or special act, the provisions of state act shall control. 2 FIRST READING this Ì- day of Febru{:tr 1 ,2005. 3 SECOND, FINAL READING and PASSAGE this ~ day of , 4 2005. 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 ATTEST: 22 23 24 City Clerk 25 26 (Corporate Seal) 27 S:\CA\Ordinances\Planning\Land Use\High Ridge New Urban. doc LAND DESCRIPTION SOUTH 1/2 OF GOVERNMENT LOT 7 (PARCEL 1) and PARCEL 2, ACCORDING TO OFFICIAL RECORDS BOOK 15070, PAGE 1193 AND LOTS 33 THROUGH 36 "PLAT OF HIGH RIDGE SUBDIVISION" PLAT BOOK 22, PAGE 6, PALM BEACH COUNTY RECORDS, ALL BEING A PORTION OF SECTION 8, TOWNSHIP 45 SOUTH, RANGE 43 EAST PARCEL 1 THE SOUTH ONE-HALF (S Y» OF GOVERNMENT LOT 7, IN SECTION 8, TOWNSHIP 45 SOUTH, RANGE 43 EAST, BEING 12 ACRES MORE OR LESS, LYING AND BEING IN PALM BEACH COUNTY, FLORIDA. LESS (LOPt) THE SOUTH 60.00 FEET OF GOVERNMENT LOT 7, SECTION 8, TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORmA, LESS THE EAST 25.00 FEET THEREOF, MORE P ARTICULARL Y DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SECTION 8, TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA; THENCE SOUTH 88°30'45" WEST, ALONG THE SOUTH LINE OF SAID SECTION 8, A DISTANCE OF 25.05 FEET TO A POINT ON A LINE LYING 25.00 FEET WEST OF, WHEN MEASURED AT RIGHT ANGLES, AND PARALLEL WITH THE EAST LINE OF SAm SECTION 8 AND THE POINT OF BEGINNING OF THE PARCEL TO BE HEREIN DESCRIBED; THENCE CONTINUE SOUTH 88°30'45" WEST, ALONG THE SOUTH LINE OF SAm SECTION 8, A DISTANCE OF 361.27 FEET TO A POINT; THENCE NORTH 02°53'24" EAST, A DISTANCE OF 60.18 FEET TO A POINT ON A LINE LYING 60.00 FEET NORTH OF, WHEN MEASURED AT RIGHT ANGLES, AND PARALLEL WITH THE SOUTH LINE OF SAID SECTION 8; THENCE NORTH 88°30'45" EAST, ALONG THE SAm PARALLEL LINE, A DISTANCE OF 360.59 FEET TO A POINT ON A LINE LYING 25.00 FEET WEST OF, WHEN MEASURED AT RIGHT ANGLES, AND PARALLEL WITH THE EAST LINE OF SAm SECTION 8; THENCE SOUTH 02°14'00" WEST, ALONG THE SAm PARALLEL LINE, A DISTANCE OF 60.13 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL. SAm PARCEL CONTAINING 0.4972 ACRES, MORE OR LESS. LESS (LOP2) A TRIANGULAR PARCEL OF LAND FOR ROAD RIGHT OF WAY PURPOSES LYING IN GOVERNMENT LOT 7 OF SECTION 8, TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, STATE OF FLORIDA, MORE P ARTICULARL Y DESCRIBED AS FOLLOWS: FOR THE PURPOSE OF THIS DESCRIPTION THE SOUTH LINE OF SAm SECTION 8 IS ASSUMED TO BEAR NORTH 89° 16'21" EAST AND ALL BEARINGS RECITED HEREIN ARE RELATIVE THERETO. COMMENCING AT THE SOUTHEAST CORNER OF SAm SECTION 8; THENCE SOUTH 89°16'21" WEST, ALONG THE SOUTH LINE OF SAm SECTION 8, A DISTANCE OF 25.05 FEET TO THE EXISTING WEST RIGHT OF WAY LINE OF HIGH RmGE ROAD, BEING A LINE 25.00 FEET WEST OF (AS MEASURED AT RIGHT ANGLES TO) AND PARALLEL WITH THE EAST LINE OF THE SOUTHEAST ONE-QUARTER (SE 1.) OF SAm SECTION 8; THENCE NORTH 02°59'35" EAST ALONG SAID WEST RIGHT OF WAY LINE, A DISTANCE OF 60.13 FEET TO A POINT AT THE INTERSECTION WITH A LINE 60.00 FEET NORTH OF (AS MEASURED AT RIGHT ANGLES TO) AND PARALLEL WITH THE SOUTH LINE OF SAm SECTION 8 AND THE POINT OF BEGINNING; THENCE CONTINUE NORTH 02°59'35" EAST ALONG SAm WEST RIGHT OF WAY LINE OF HIGH RlDGE ROAD, A DISTANCE OF 17.41 FEET; THENCE SOUTH 46°07'58" WEST DEPARTING FROM SAm WEST RIGHT OF WAY LINE, A DISTANCE OF 25.41 FEET TO SAID LINE 60.00 FEET NORTH OF AND PARALLEL WITH THE SOUTH LINE OF SECTION 8; THENCE NORTH 89°16'21" EAST ALONG SAID PARALLEL LINE, A DISTANCE OF 17.41 FEET TO THE POINT OF BEGINNING. CONTAINING 151.3 SQUARE FEET, MORE OR LESS. PARCEL 2 COMMENCING AT THE SOUTHEAST CORNER OF SECTION 8, TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA; THENCE SOUTH 88°30'45" WEST, ALONG THE SOUTH LINE OF SAID SECTION 8, A DISTANCE OF 386.32 FEET TO THE SOUTHWEST CORNER OF GOVERNMENT LOT 7 OF SAID SECTION 8; THENCE NORTH 02°53'24" EAST ALONG THE WEST LINE OF SAID GOVERNMENT LOT 7, A DISTANCE OF 60.18 FEET TO A POINT ON A LINE LYING 60.00 FEET NORTH OF, WHEN MEASURED A T RIGHT ANGLES, AND PARALLEL WITH THE SOUTH LINE OF SAID SECTION 8 AND THE POINT OF BEGINNING; THENCE SOUTH 88°30'45" WEST, ALONG THE SAID PARALLEL LINE, A DISTANCE OF 115.50 FEET TO A POINT; THENCE NORTH 01 °34'02" EAST, A DISTANCE OF 1259.39 FEET TO THE SOUTHWEST CORNER OF LOT 36, ACCORDING TO THE PLAT OF HIGH RIDGE SUBDIVISION, AS RECORDED IN PLAT BOOK 22, PAGE 6, IN AND FOR THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE NORTH 88°38'08" EAST, ALONG THE SOUTH LINE OF SAID LOT 36, A DISTANCE OF 144.63 FEET TO THE NORTHWEST CORNER OF THE SOUTH ONE-HALF (S Yz) OF SAID GOVERNMENT LOT 7; THENCE SOUTH 02°53'24" WEST, ALONG THE WEST LINE OF SAID GOVERNMENT LOT 7, A DISTANCE OF 1260.96 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL. SAID PARCEL CONTAINING 3.7549 ACRES, MORE OR LESS. CONTAINING: 607,577 SQUARE FEET (13.948 ACRES), MORE OR LESS. TOGETHER WITH LOTS 33 THROUGH 36, "PLAT OF HIGH RIDGE SUBDIVISION", ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 22, PAGE 6, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. CONTAINING: 195,721 SQUARE FEET (4.493 ACRES), MORE OR LESS. TOTAL CONTAINING: 803,298 SQUARE FEET (18.441 ACRES), MORE OR LESS. DEVELOPMENT DEPARTMENT PLANNING & ZONING DIVISION MEMORANDUM NO. PZ 05-024 TO: Chair and Members Community Redevelopment Agency Board FROM: Hanna Matras ~ K Planner THROUGH: Michael W. Rumpf Director of Planning and Zoning DATE: January 20, 2005 PROJECT NAME/NUMBER: High Ridge/ANEX 05-001-LUAR 05-002 REQUEST: To annex the property; to amend the Future Land Use Designation from Palm Beach County's MR-5 (Medium Density Residential, maximum 5 dwelling units per acre (du/acre) and LR-2 (Low Density Residential, 2 du/acre) to HDR (High Density Residential, 10.8 du/acre) and rezone from Palm Beach County's Single Family Residential (RS) to Planned Unit Development (PUD). PROJECT DESCRIPTION Property Owner: Paramount Investment Group and George Kechriotis Applicant/Agent: New Urban Communities/Timothy L. Hernandez and Roger Decapito Location: Northwest corner of High Ridge Road and Miner Road (Exhibit "A'') Parcel Size: ±18.44 acres Existing Land Use: Palm Beach County's land use designations of MR-5 Medium Density Residential with an underlying maximum residential density of 5 dwelling units per acre (du/acre) and LR-2 Low Density Residential with an underlying residential density of 2 dwelling units per acre (du/acre) Existing Zoning: RS Single Family Residential (Palm Beach County) Proposed Land Use: High Density Residential (10.8 dujacre) Proposed Zoning: Planned Unit Development Proposed Use: 48 single family homes and 126 townhomes File Number: LUAR Os-002-ANEX 05-001 High Ridge Adjacent Uses: North: Single family homes in unincorporated Palm Beach county, designated LR-2 Low Density Residential (2 du/acre) and zoned RS Single Family Residential. South: The right-of-way of Miner Road, then developed property (flex space warehouse) designated Industrial (I) and zoned M1 Light Industrial; further south a town home development (Canterbury, currently under construction), with a density of approximately 9.9 du/acre, designated Industrial (I) and zoned Planned Industrial Development (PID); to the southwest, undeveloped property within unincorporated Palm Beach County designated Industrial (IND) and zoned Single Family Residential (RS). East: The right-oF-way of High Ridge Road, then, to the northeast, Cedar Ridge Estates, with single family homes and town homes (town homes built at 8.04 du/acre), designated Low Density Residential (LDR) and zoned Planned Unit Development (PUD). To the northwest, High Ridge Commerce Park, developed properties designated Industrial (1) and zoned Planned Industrial Development (PID). West: To the west, undeveloped property (High Ridge Country Club) designated Low Density Residential (LDR) and zoned R1AA Single Family Residential. EXECUTIVE SUMMARY Staff recommends approval of the requested annexation, land use amendment and rezoning for the following reasons: 1. The request is consistent with the objectives of the City's annexation program and relevant policies in the Comprehensive Plan. 2. Annexation of the said property will reduce a pocket of an unincorporated county area surrounded on three sides by the City boundary. 3. Even though the requested land use amendment and rezoning is inconsistent with the recommendation of the Land Use Problems and Opportunities section of the Comprehensive Plan's Future Land Use Support Document, which advises Low Density Residential land use designation for the subject parcel, it would not create significant land conflicts. The review of the uses in the surrounding area shows reasonably comparable densities. Moreover, the project design establishes an appropriate transition from non-residential to residential uses and from the higher to the lower residential densities. 2 File Number: LUAR 05-002-ANEX 05-001 High Ridge 4. 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. 5. The proposed development meets the standards for development within the PUD zoning district. PROJECT ANALYSIS The parcels which are the subject of this land use amendment total 18.44 acres; therefore, the proposed land use change qualifies as a large-scale amendment pursuant to Chapter 163 F.S. Following local board review and City Commission public hearing, a "large-scale" amendment is transmitted to the Florida Department of Community Affairs for review for compliance with the state, regional and local comprehensive plans prior to adoption. Following the review period of approximately 60 days, DCA provides the City with a report of their findings in an "Objections, Recommendations and Comments (ORe) Report". The City then has 60 days to either (1) adopt the amendment as transmitted, (2) adopt the amendment with changes in response to the ORC report, or (3) determine not to adopt the amendment and inform DCA of that decision. According to Florida Statutes Chapter 163, large-scale amendments may only be adopted during two amendment cycles each calendar year. This amendment request is a part of the 1st round of amendments for the 2005 calendar year. This proposed amendment is being reviewed for transmittal to the Florida Department of Community Affairs (DCA). After transmittal and DCA review, the proposed amendment will be scheduled for adoption in June 2005. The proposed land use amendment is inconsistent with one of the recommendations included in the Comprehensive Plan. The recommendation is advisory and not a part of a plan policy. Nevertheless, staff is required to review the petition against the following eight (8) criteria by which land use amendments and rezonings are to be reviewed as indicated in Section 9.C.7.: a. Whether the proposed rezoning would be consistent with applicable comprehensive plan policies including but not limited to, a prohibition against any increase in dwelling unit density exceeding 50 in the hurricane evacuation zone without written approval of the Palm Beach County Emergency Planning Division and the City's risk manager. The planning department shall also recommend limitations or requirements, which would have to be imposed on subsequent development of the property, in order to comply with policies contained in the comprehensive plan. The aforementioned recommendation is contained in Section VIII, Land Use Problems and Opportunities, of the Future Land Use Support Document. Initially adopted into the Comprehensive Plan with the intent of directing development and redevelopment activities in nine (9) planning areas within the city, recommendations of Section VIII have at present advisory character only. The subject property is located in planning area 5B. The recommendation reads: "The unp/atted parce/s on the west side of High Ridge Roael, immediate/y north of the Miner Road right-ot-way should be annexed, however, prior to development (...) shou/d be p/aced in the Low Density Residential Land use category'~ 3 File Number: LUAR 05-002-ANEX 05-001 High Ridge This recommendation is also referenced in the High Ridge Road Corridor Study, published by the Palm Beach County in 1997. The study has not been adopted and it is supposed to be conveyed to the local governments as an informational item to be considered at the time of annexation and lor development approval for any of the reviewed sites. The objectives of the study include maintaining the predominantly residential character of the area, keeping densities and housing types in new residential projects consistent with those in existing developments and limiting access and traffic on High Ridge Road. The subject property is located in the southernmost vicinity of the study, Area 3, and is referred to as Tract B. The proposed use is residential as recommended, but the applicant is requesting High Density Residential land use. However, the proposed use should not create significant land use conflicts given that (1) to the south and southeast, the adjoining properties have an industrial land use designation; (2) there are townhomes to the east of the project, developed at a density of 8.09 du/acre (townhome density only); (3) the R1AA, single family zoning of the property to the west of the project, carries a maximum density of 5.4 du/acre, which corresponds to Moderate Density Residential land use designation, rather than the Low Density Residential actually on the ground and; (4) the applicant proposes single family homes along the west and north perimeter of the project, minimizing the land use conflict with either existing (to the north) or future (to the west) single family homes. Such master plan layout establishes the project as a transition from non-residential to residential uses and from the higher to the lower residential densities west, north and northeast of the property. Finally, the density proposed for the project is 9.44 du/acre, below the maximum of 10.8 du/acre allowed in the High Density Residential land use. A number of comprehensive plan policies of the Future Land Use Element and Housing Element support the amendment. These include: . Urban sprawl-discouraging policies under Objective 1.13 of the Land Use Element, such as Policy 1.13.4: 1.13.4: "7ñe City shall further discourage urban sprawl; (A) Prevent the presence or frequency of the primary indicators of urban sprawl through continuous promotion of compact developments within the City's urban service areas, while requiring the maximization of all public services for each development in the most cost effective manner possible (...); . Policies concerned with housing choices for the community, under Objective 1.19 of the Land Use Element and Objective 6.1 of the Housing Element, such as policy 1.19.1 and policy 6.1.1: 1.19.1: "7ñe City shall continue efforts to encourage a fu/I range of housing choices (..)" 6.1.1: tñe City sha// provide information, technical assistance, and explore possible incentives with the private sector to maintain a housing production capacity sufficient to meet the community needs. Possible incentive could include (....) density increases"; . Policies promoting the principles of using the New Urbanism in development and redevelopment, under Objective 1.22. The proposed project is a compact, high density, new urban development as promoted by policy 1.13.4. and by policies under Objective 1.22. It would provide 48 single family homes to 4 File Number: LUAR 05-002-ANEX 05-001 High Ridge meet a significant demand for single family product in the environment where the new home market is dominated by townhomes (relatively few single family homes were build in the City in recent years). It will also provide 126 townhomes, a product for which a strong demand continues as demonstrated by sales in recently completed similar projects. The subject property is not located in the hurricane evacuation zone, so the Future Land Use Element Policy 1.12.1 pertaining to residential developments in hurricane evacuation zone does not apply. b. Whether the proposed rezoning would be contrary to the established land use pattern or would create an isolated district unrelated to adjacent and nearby districts, or would constitute a grant of special privIlege to an individual property owner as contrasted with the protection of the public welfare. The proposed rezoning will not be contrary to the established land use pattern, will not create an isolated district, nor will it constitute a grant of special privilege to the owner. As argued in item (a) above, the applicant proposes single family homes along the north and the west perimeters of the property, where either developed single family homes or vacant single family lots abut the property. Similarly, Cedar Ridge Estates, east of the property, is developed with both townhomes and single family homes, the latter being specifically placed to transition unit type and density to the single family homes north of the project in the unincorporated county. Cedar Ridge townhomes are developed at the density of 8.09 du/acre (as compared with the 9.44 du/acre for the proposed project). Another townhome development, Canterbury, a recently approved project with a density of 9.9 du/acre, is located about 1,350 feet (1/4 of a mile) south from the subject property. c. Whether changed or changing conditions make the proposed rezoning desirable. There have been changes that make the proposed land use amendment and zoning desirable. The population growth rates within the county and the city have been significantly higher than expected over the past decade, fuelling a very strong demand for housing. Increasing the density when it is feasible is one way to accommodate this demand. Land is becoming increasingly scarce; few larger parcels of 2 or more acres for residential development exist in the city. Consequently, land prices escalated; the need to assemble parcels has further increased the development costs. As a result, a townhome has become a preferred residential product, and it has been readily embraced by the market as part of an urban lifestyle. The product is desirable in view of the scarcity of land and anti-sprawl and transit-oriented development increasingly promoted in South Florida and reflected in the city's Comprehensive plan. The Tri-Rail station is located approximately V2 mile from the proposed development; a bus stop is located nearby on High Ridge Road. These changes have taken hold since the Comprehensive Plan was amended through 1998 EAR. The transformation of Quantum from an Industrial Park into a mixed use area with 1000 residential units illustrates the trend. Some 426 of these units are townhomes; as indicated in (b), Canterbury, a recently approved Quantum townhome project with a density of 9.9 du/acre, is located about 1,350 feet south from the subject property. The proposed use of the property will represent a transition from the multifamily, commercial and industrial uses south and southeast of the property to low density residential to the west 5 File Number: LUAR OS-002-ANEX 05-001 High Ridge and north. Moreover, the industrial and commercial development (either existing or recently approved) in close proximity of the project will provide employment opportunities. d. Whether the proposed use wou/d be compatible with utility systems, roadways, and other public facilities. The applicant has provided a traffic analysis that indicates that if the property were redeveloped with single family homes under the current county land use designation, it would generate 750 average daily trips as compared to 1,362 average daily trips generated by the proposed project (a mix of single family detached-attached dwellings), or 612 more trips per day. If the maximum density at the proposed land use designation were utilized, 1,393 average daily trips would be generated, an increase of 643 trips over the existing land use potential. The review of the existing traffic conditions on the directly impacted link, High Ridge Road, indicates that the number of average daily trips in 2003 (with the peak season factored in) was 5,312, while the capacity at the level of service "0" on the said link was 15,400. Therefore, a significant unused capacity exists; in fact, the road is effectively operating at a level of service "B". The analysis shows volume-to capacity ratios for High Ridge Road (at the level of service "D'') in 2008 and 2025 at 0.47 and 0.54, respectively. The ratios indicate that, on the long run, the road would still be operating at the better level of service "B". At present, the Palm Beach 2030 Transportation Proposed Cost Feasible Plan shows High Ridge Road at two lanes; the previous county recommendation to widen the right-of-way to four lanes has been revised. Based on the City's adopted Levels of Service (LOS) for potable water (200 gallons per capita per day (GPCO) and sewer service (90 GPCD), the projected demand is expected to be 78,648 gallons for water and 35,392 GPCO for sewer service. The City's utility plants currently have unreserved capacity to serve the projected demands of the proposed project. Required infrastructure improvements will include a pump station for sewer; water access is adjacent to the property. 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 la-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 January 7, 2005, 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. e. Whether the proposed rezoning wou/d be compatib/e with the current and future use of adjacent and nearby properties, or wou/d affect the property va/ues of adjacent or nearby properties. The proposed rezoning will be compatible with adjacent and nearby properties, and will only serve to increase the value of these properties. The projected unit pricing ranges from $300- to $400 thousand for the townhomes and from $400- to $600 thousand for the single family homes. 6 File Number: LUAR 05-002-ANEX 05-001 High Ridge f. Whether the property is physica//y and economical/y developab/e under the existing zoning. With annexation into the City, the Palm Beach County land use designation and zoning must be changed to the city land use designation and zoning district. Physically, the property could be developed with single family homes under the city's Low- or Moderate Density Residential land use designations and corresponding single family zoning districts. However, the current economics of the market (chiefly very high land prices) could make it unfeasible for the property to be developed at a significantly lower density. 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 is reasonably related to both (see above section "c". h. Whether there are adequate sites elsewhere in the city for the proposed use/ in districts where such use is already a/lowed. There are currently no vacant residential lots within the city to accommodate a project of the proposed scale and density. MASTER PLAN ANALYSIS 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, amenities and landscape design. To that end, all applications for rezoning to a PUD Planned Unit Development must be accompanied by a detailed master plan. The maximum density allowed by the High Density Residential land use classification is 10.8 du/acre; the applicant proposes a density of 9.44 du/acre. The master plan (Exhibit "BfI) shows forty-eight (48) single family lots and 126 townhomes in 19 structures. The average unit size would be 1,900 square feet for the townhomes and 2,600 square feet for the single family homes. The town home buildings extend along the south and east perimeters of the property. A drainage lake at the property's center incorporates a recreation area; the pool and cabana are located on a small peninsula. The lake tract occupies approximately 2.45 acres. The master plan shows three access points¡ all from High Ridge Road. This is contrary to the recommendation of the High Ridge Corridor Study for primary access for the subject property to be on Miner Road. However, given the property configuration (the lot frontage at Miner Road is only 458 feet) and the proximity of the Miner Road/High Ridge Road intersection, the feasibility of this recommendation is questionable. The study also recommends that any secondary access on High Ridge Road be aligned with the entrance to the Cedar Ridge PUD. The master plan shows the suggested alignment for the primary access point. The proposed master plan reflects the basic tenets of the New Urbanism; in fact, the development would be the first new urban community in Boynton Beach containing detached single family homes. 7 File Number: LUAR 05-002-ANEX 05-001 High Ridge The new urban design features include: 1. Smaller building setbacks The proposed building setbacks are generally smaller that those in existing or approved PUDs (see below). Such setbacks foster proximity between the public and private realms, thus facilitating closer interactions among inhabitants and creation of a real community in a social sense of this term. Building setbacks are as follows: For the single family homes: Front: 15 feet (as opposed to 20-25 feet in other PUDs) Side 5 feet (as opposed to 6-15 feet in other PUDs) Rear 10 feet (as opposed to 15-25 feet in other PUDs) For town home structures: Front: 10 feet (up to 20 in other PUDs) Side 5 feet (up to 10 in other PUDs) Rear 5 feet (up to 10 in other PUDs) 2. Rear garages accessed from alleys This feature contributes to a pedestrian-friendly environment which downplays the role of an automobile. 3. Front porches and balconies These features also facilitate creation of a more friendly community, offering opportunities for people to get to know others in the neighborhood. 4. Spatially defined open spaces Likewise, these facilitate community interactions. For example, the lake resides completely in the public realm, with no private access for any of the residences. 5. A non-gated community CONCLUSIONS/RECOMMENDATIONS The request is consistent with the objectives of the City's annexation program and relevant policies in the Comprehensive Plan. Even though it is inconsistent with the recommendation of the Land Use Problems and Opportunities of the Comprehensive Plan's Future Land Use Support Document, which advises low Density Residential land use designation for the subject parcel, it would not create significant land conflicts and is justified in part by current land development trends and characteristics within the area and in Quantum Park. 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 and a development that meets the standards expected in the PUD zoning district. Therefore, staff recommends that the subject request be approved. 8 File Number: LUAR 05-002-ANEX 05-001 High Ridge If the Community Redevelopment Agency Boa rd or the City Commission recommends conditions, they will be included within Exhibit "C". ATTACHMENTS S:\Plannlng\SHARED\WP\PROJECTS\Hlgh Ridge- New Urban Communltles\LUAR 05-002\STAFF REPORT High Ridge,doc 9 HIGH RIDGE Exhibit A New Urban Communities LUAR 05-002-ANEX 05-001 --- - -- - --- ----- --- ---- I I, I I i I I i . I I I >- f ' ... /------ II ,1 --~/ -.------.---- ----._____ I C ------ /, I :I ----------- i . 0 ---. I I r:. (I 5 I __ _ _ ____J L_ I I Y --_. -----1- _.- .-- .. -.-.-.-.-.-.- --- " u_... ""......... -.--' ~ .-.'- III " C :I _..- 0 ID ."....-. b Ü -.--...-. 590 295 0 590 Feet N A IPIIII ill III,' IlIi II ili 1IIIIIill II ( II nIdi Ii II II¡II! !¡I'I!!. hllPI ~ ~ ij i hf :~ c ~ U ~ii ~~ ¡i I·~J I ö~~i 'I :z: f i ~111}i I j If il! h Ii ili Ilhi 1.1 ~ ~ i ~~ ! ~ ~ ~~ Ii ~ II Qi,1 ) ,~~; Ii . ¡ ; Ii ~ P ~: h I i¡ h!J i !II ~ ! II ~ I! ¡ ~ Ii ¡!~ ~ ~~. 1IIII '1IIf 'li1hll!!l11 I~IU ; II II I ~ I¡~ ! i !~ ,II ~ ~! i 151 · & !!i ~ h! ~ ~ ~ I &1- ~ I ~ . i ; .. . . 102'1 ----I am ¡m;§ , UP . ,,' . f ~ "1,1 ----111m Hii;1 ! '.~" ~.~ '1- - gic 1"">1~ "~iI! æ'2 .... ., ,"¡§~I.,¡¡ ~.. í~~,.· ¡i5 ~~c 'c ~¡i ~ ~!Iñls¡;;'~ ~S~I¡;;!C s~ss Ssilí 'm <;¡ H8!'1"i~ ~¡;!I! Î.!§ HUI ~~.ii..~.."" .~ >¡;;,» ~~~ , t~~2g "I~ii'~·:¡. ~I I¡ §a~ ~ ~I~I i~I!~:~ ~<~ \1!,~ ;.~. ~8i~ \1 Š ~~ ,Q g.õ/1 e '" ~ ~ ffi ~ I-~~ ¡; - ~~ *: ;: '\f~~"W-, ~f!1~IØ~ b' "'":~~-, ¡~~.I &¡ ~~;r:~;;Œ~~;~j~ï i "f: . 0--"""I11'ik,-,,~,.~~.I~'~ic'''''' l.~Z,~!f~CJ~~ ~~~~q r- i. ..,q.. ~ ¡":"~'i:'" ~. .. ¡=, -<I r @ ~1.~ Q !if II .iI~ I ~. ~ ......I~ I. )< ..... , i I ~;~ ~ q ~.. · I~ ..!¡ ..~ "i ~ ..II~ ~ ~ ~. ~ ! I'I~ jJ II ~~iUIII High Rídge II!! nIl ~g. . .: G I IIOPII,.·I New Urban Comm~nities r. r I f g. ~ ¡, I d..iu Boynton Beach, Florida ; 00. XII. - LEGAL ITEM A.3 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Fonn Must be Turned Requested City Commission Date Final Fonn Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office o April 5, 2005 March 14,2005 (Noon.) o June 7, 2005 May 16,2005 (Noon) o April 19,2005 April 4, 2005 (Noon) o June 21,2005 June 6, 2005 (Noon) o May 3, 2005 April IS, 2005 (Noon) o July 5, 2005 June 20, 2005 (Noon) rg May 17, 2005 May 2, 2005 (Noon) o July 19,2005 JuJy 5, 2005 (Noon) Ç) ';;--1 .--: -< ::::-:11 <C1 0 ~-- ;:J )~ 0 Administrative Development Plans ::<) 0 0 ("'J NATURE OF Consent Agenda New Business C() .. ~- AGENDA ITEM 0 rg "--- Public Hearing Legal - (::J 0 Bids 0 UnfInished Business ~J -,-~ (:::J -:¡~ 0 Announcement 0 Presentation :'" ~'::~ 0 City Manager's Report 0.,) ;:~~ ::c RECOMMENDATION: Please place this request on the May 17,2005 City Commission Agenda under Legal, Ordinance - Second Reading. On February 1,2005, the City Commission approved this item (including First Reading of the Ordinance) thereby transmitting the corresponding Land Use Amendment request to the Florida Department ofConnnunity Affairs (DCA). That item has been returned from the DCA so all items are now ready for fInal ordinance processing. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 05-024. EXPLANATION: PROJECT: High Ridge/New Urban Communities (LUAR 05-002» AGENT: Timothy Hernandez and Roger Decapito of New Urban Connnunities, Inc. OWNER: Paramount Investment Group LOCATION: Northwest corner of High Ridge Road and Miner Road DESCRIPTION: Request to rezone from Single Family Residential (RS) (Palm Beach County) to Planned Unit Development (PUD). Proposed use: Single-family residential and townhouse community. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A ~:"'ge<" S;gna"; Develop nt epa Lt) -Z Ø- Planning ãnd ZO~Dlfector City Attorney / Finance / Human Resources S:\Planning\SHARED\ WP\PROJECTS\High Ridge- New Urban Communities\LUAR 05-002\Agenda Item Request High Ridge.New Urban Comm LUAR 05-002 rezone 2nd reading 5- J 7-05.dot S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC 1 2 3 ORDINANCE NO. 05- 0'0 4 5 6 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, 7 FLORIDA, REGARDING THE APPLICATION OF NE\V 8 URBAN COMMUNITIES, TIMOTHY L. HERNANDEZ i 9 AND ROGER DECAPITO, ON BEHALF OF 10 PARAMOUNT INVESTMENT GROUP AND GEORGE 11 KECHRI OTIS, TO REZONE A PARCEL OF LAND, 12 AMENDING ORDINANCE 02-013 TO REZONE A 13 PARCEL OF LAND ON THE NORTH\VEST CORNER OF 14 HIGH RIDGE ROAD AND MINER ROAD FROM SINGLE 15 FAMILY RESIDENTIAL (RS) TO PLANNED UNIT 16 DEVELOPMENT (PUD); PROVIDING FOR CONFLICTS, 17 SEVERABILITY, AND AN EFFECTIVE DATE. 18 19 20 WHEREAS, the City Commission of the City of Boynton Beach, Florida has adopted 21 Ordinance No. 02-013, in which a Revised Zoning Map was adopted for said City; and 22 WHEREAS, Paramount Investment Group and George Kechriotis, owner of the 23 property located on the Northwest corner of High Ridge Road and Miner Road in 24 Boynton Beach, Florida, as more particularly described hereinafter, has heretofore filed a 25 Petition, through its agent, New Urban Communities, Timothy L. Hernandez and Roger 26 Decapito, pursuant to Section 9 of Appendix A-Zoning, of the Code of Ordinances, City 27 of Boynton Beach, Florida, for the purpose of rezoning a parcel of land, said land being 28 more particularly described hereinafter, from Single Family Residential (RS) to Planned 29 Unit Development (PUD); and 30 WHEREAS, the City Commission conducted a public hearing and heard 31 testimony and received evidence which the Commission finds supports a rezoning for the S:\CA\Ordinances\PIanning\Rezoning\Rezoning - High Ridge New Urban.doc 1 property hereinafter described; and 2 \VHEREAS, the City Commission, acting in its dual capacity as Local Planning 3 Agency and City Commission has found that the proposed rezoning is consistent with an 4 amendment to the Land Use which was contemporaneously considered and approved at 5 the public hearing heretofore referenced; and 6 WHEREAS, the City Commission deems it in the best interests of the inhabitants 7 of said City to amend the aforesaid Revised Zoning Map as hereinafter set forth. 8 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION 9 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 10 Section L The foregoing Whereas dauses are true and correct and incorporated 11 herein by this reference. 12 Section 2. The foHowing described land, located on the Northwest comer of 13 High Ridge Road and Miner Road in the City of Boynton Beach, Florida, as set forth as 14 foHows: 15 {See Legal Description attached} 16 17 18 be and the same is hereby rezoned from Single Family Residential (RS) to Planned Unit 19 Development (PUD). A location map is attached hereto as Exhibit "A" and made a part of this 20 Ordinance by reference. 21 Section 3. That the aforesaid Revised Zoning Map of the City shaU be amended 22 accordingly. 23 Section 4. AU ordinances or parts of ordinances in conflict herewith are hereby 24 repealed. S:ICA 10rdinances\PJanningIRezoninglRezoning - High Ridge New Urban. doc 1 Section 5. Should any section or provision of this Ordinance or any portion thereof be 2 declared by a court of competent jurisdiction to be invalid, such decision shall not affect the 3 remainder of this Ordinance. 4 Section 6. This ordinance shall become effective immediately upon passage. 5 FIRST READING this I day of Fe..brULJ.,(''f ' 2005. 6 SECOND, FINAL READING and PASSAGE this .___._ day of ~______, 2005. 7 CITY OF BOYNTON BEACH, FLORIDA 8 9 10 Mayor 11 12 13 Vice Mayor 14 15 16 Commissioner 17 18 19 Commissioner 20 21 22 ATTEST: Commissioner 23 24 25 City Clerk 26 27 (Corporate Seal) S:\CA \Ordinances\PJanning\Rezoning\Rezoning - High Ridge New Urban.doc LAND DESCRIPTION SOUTH 1/2 OF GOVERNMENT LOT 7 (PARCEL 1) and PARCEL 2, ACCORDING TO OFFICIAL RECORDS BOOK] 5070, PAGE]] 93 AND LOTS 33 THROUGH 36 "PLAT OF HIGH RIDGE SUBDIVISION" PLAT BOOK 22, PAGE 6, PALM BEACH COUNTY RECORDS, ALL BEING A PORTION OF SECTION 8, TOWNSHIP 45 SOUTH, RANGE 43 EAST PARCEL] THE SOUTH ONE-HALF (S Yz) OF GOVERNMENT LOT 7, IN SECTION 8, TOWNSHIP 45 SOUTH, RANGE 43 EAST, BEING 12 ACRES MORE OR LESS, LYING AND BEING IN PALM BEACH COUNTY, FLORIDA. LESS (LOP]) THE SOUTH 60.00 FEET OF GOVERNMENT LOT 7, SECTION 8, TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, LESS THE EAST 25.00 FEET THEREOF, MORE P ARTICULARL Y DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SECTION 8, TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA; THENCE SOUTH 88°30'45" WEST, ALONG THE SOUTH LINE OF SAID SECTION 8, A DISTANCE OF 25.05 FEET TO A POINT ON A LINE LYING 25.00 FEET WEST OF, WHEN MEASURED AT RIGHT ANGLES, AND PARALLEL WITH THE EAST LINE OF SAID SECTION 8 AND THE POINT OF BEGINNING OF THE PARCEL TO BE HEREIN DESCRIBED; THENCE CONTINUE SOUTH 88°30'45" WEST, ALONG THE SOUTH LINE OF SAID SECTION 8, A DISTANCE OF 361.27 FEET TO A POINT; THENCE NORTH 02053'24" EAST, A DISTANCE OF 60.18 FEET TO A POINT ON A LINE LYING 60.00 FEET NORTH OF, WHEN MEASURED AT RIGHT ANGLES, AND PARALLEL WITH THE SOUTH LINE OF SAID SECTION 8; THENCE NORTH 88°30'45" EAST, ALONG THE SAID PARALLEL LINE, A DISTANCE OF 360.59 FEET TO A POINT ON A LINE LYING 25.00 FEET WEST OF, WHEN MEASURED AT RIGHT ANGLES, AND PARALLEL WITH THE EAST LINE OF SAID SECTION 8; THENCE SOUTH 02°14'00" WEST, ALONG THE SAID PARALLEL LINE, A DISTANCE OF 60.13 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL. SAID PARCEL CONTAINING 0.4972 ACRES, MORE OR LESS. LESS (LOP2) A TRIANGULAR PARCEL OF LAND FOR ROAD RIGHT OF WAY PURPOSES LYING IN GOVERNMENT LOT 7 OF SECTION 8, TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, STATE OF FLORIDA, MORE P ARTICULARL Y DESCRIBED AS FOLLOWS: FOR THE PURPOSE OF THIS DESCRIPTION THE SOUTH LINE OF SAID SECTION 8 IS ASSUMED TO BEAR NORTIl 89°16'21" EAST AND ALL BEARINGS RECITED HEREIN ARE RELA TIVE THERETO. COMMENCING AT THE SOUTHEAST COR.~ER OF SAID SECTION 8; THENCE SOUTH 89°16'21" WEST, ALONG THE SOUTH LINE OF SAID SECTION 8, A DISTANCE OF 25.05 FEET TO TIlE EXISTING WEST RIGHT OF WAY LINE OF HIGH RIDGE ROAD, BEING A LINE 25.00 FEET WEST OF (AS MEASURED AT RIGHT ANGLES TO) AND PARALLEL WITH THE EAST LINE OF TIlE SOUTHEAST ONE-QUARTER (SE Y..) OF SAID SECTION 8; THENCE NORTH 02°59'35" EAST ALONG SAID WEST RIGHT OF WAY LINE, A DISTANCE OF 60.13 FEET TO A POINT AT TIIE INTERSECTION WITH A LINE 60.00 FEET NORTIl OF (AS MEASURED AT RIGHT ANGLES TO) AND PARALLEL WITH THE SOUTH LINE OF SAID SECTION 8 AND THE POINT OF BEGINNING; THENCE CONTINUE NORTH 02°59'35" EAST ALONG SAID WEST RIGHT OF WAY LINE OF HIGH RIDGE ROAD, A DISTANCE OF 17.41 FEET; TIIENCE SOUTH 46°07'58" WEST DEPARTING FROM SAID WEST RIGHT OF WAY LINE, A DISTANCE OF 25.41 FEET TO SAID LINE 60.00 FEET NORTH OF AND PARALLEL WITH THE SOUTH LINE OF SECTION 8; THENCE NORTH 89°16'21" EAST ALONG SAID PARALLEL LINE, A DISTANCE OF 17.41 FEET TO THE POINT OF BEGINNING. CONTAINING 151.3 SQUARE FEET, MORE OR LESS. PARCEL 2 COMMENCING AT THE SOUTHEAST CORNER OF SECTION 8, TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA; THENCE SOUTH 88°30'45" WEST, ALONG THE SOUTH LINE OF SAID SECTION 8, A DISTANCE OF 386.32 FEET TO THE SOUTHWEST CORNER OF GOVERNMENT LOT 7 OF SAID SECTION 8; THENCE NORTH 02°53'24" EAST ALONG THE WEST LINE OF SAID GOVERNMENT LOT 7, A DISTANCE OF 60.18 FEET TO A POINT ON A LINE LYING 60.00 FEET NORTH OF, WHEN MEASURED AT RIGHT ANGLES, AND PARALLEL WITH THE SOUTH LINE OF SAID SECTION 8 AND THE POINT OF BEGINNING; THENCE SOUTH 88°30'45" WEST, ALONG THE SAID PARALLEL LINE, A DISTANCE OF 115.50 FEET TO A POINT; THENCE NORTH 01°34'02" EAST, A DISTANCE OF 1259.39 FEET TO THE SOUTHWEST CORNER OF LOT 36, ACCORDING TO THE PLAT OF HIGH RIDGE SUBDIVISION, AS RECORDED IN PLAT BOOK 22, PAGE 6, IN AND FOR THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE NORTH 88°38'08" EAST, ALONG THE SOUTH LINE OF SAID LOT 36, A DISTANCE OF 144.63 FEET TO THE NORTHWEST CORNER OF THE SOUTH ONE-HALF (S 1;2) OF SAID GOVERNMENT LOT 7; THENCE SOUTH 02°53'24" WEST, ALONG THE WEST LINE OF SAID GOVERNMENT LOT 7, A DISTANCE OF 1260.96 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL. SAID PARCEL CONTAINING 3.7549 ACRES, MORE OR LESS. CONTAINING: 607,577 SQUARE FEET (13.948 ACRES), MORE OR LESS. TOGETHER WITH LOTS 33 THROUGH 36, "PLAT OF HIGH RIDGE SUBDIVISION", ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 22, PAGE 6, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. CONTAINING: 195,721 SQUARE FEET (4.493 ACRES), MORE OR LESS. TOTAL CONTAINING: 803,298 SQUARE FEET (18.441 ACRES), MORE OR LESS. HIGH RIDGE Exhibit A New Urban Communities LUAR 05-002-ANEX 05-001 í' / / -- m__ - .m___ . -- ': :---~_LiL_~ I 1 ! f-~---m -11 ; '- ------------ l-~----]r - ------ , .m .. .___m_ ; I r-'+=t===¡ ,-:;__m~;;.~- --T r--' -- . 11, lQy/ ¡gL ! ',,1- r- . --- --------î n-Jg I r-imm Q I ?-t-\ r . . '"_m~__,--~ I ' . " II I, I I . ¡--rem-celli ' ----a, '..--uw----m¡ - II wlC-l, j, i..: '---«,. \ '-. '-: ~-.EORE I ! J/.':>j~ Ï7ii~~-'?---; ,L.../ r' I/Ulp . ~~' , -. . ¡! (/. "'\ "~'"(. /1 f!!.I' ¡ ....Iii) K'--,Y' " , . ,;.'. '-- WJ-"·- 1 ¡--.....-.--.¡-- . I /'-/ , f i"~~ '! !$J; r--~1' . - - ~¡ /'/ i "'-" i i rìlffji4f:ll~;:z~: ~bAR-RI~GI!,,¿j! í! ! ¡} 1'>-/,:'::::: ~::'---~;;;=:;:=L!'--<; ! I t;:t=:) ¡ In 1111_ '" '\~;L==-=':=-Û ,,'-- --__L, '~' 1-- --f.-.:::J I ¡--__< ~-..s. UCE" -.____j , ! : ,r....---- -j -;-~-t----=.~""L-7 I I ' '" I", ':', '1 'lllif"''''c> ' ~J. -l.l--~L_d_' , ¡ i ¡ ¡ J '¡ ", , ,.:.:<é: , I .....-.J. ,,' u_' ,,_ ¡-- - ----- - ---1 - --,-- --.~ ~ W i i ~ r ,'I 'v/ car :s .... , J 0=, ~ -.:È~ -=__ ___-=-:-- cbMM~RC£L- .- ø r f I 1---1 u, /_.! I ! ' I Xii : ! I ; I " " , :. '. . ; i !! ; ¡I; i ¡ , i · I I ¡ I ¡ ! I i J i ¡ 'c.m.. ~'----- .'-_--'------'______1__ -=-----T--T-~f~I,œ11 U'l- - .. ----1~ 'I I ¡ , " ! I ¡ ¡ , ! t ¡, ! I I i '. I ; , , " .. " I ""-"" __1 ~ ' t! I ¡ i ~ In "- ---'" I " " I ',--- J.:¡ ,ili! ~ ¡ 'e, ,~ i ! ¡ I / :J ; ! i -----.Ck INDUS."r : 0 i , I -.-----... --- . : t I ~ t : ¡ , r------r------y (----r 1 .., ! i , . 'J ' - , , 'Ii:" i U + ¡ j . ! ! i I ¡ I ! w I '--._.. I . , , ':e ' ! i t !Ii ~---,¡ i_me_my , ! I i L-~ ! ¡--I-- i, ,¡ . I 1.-------8 ~---j [ , ! i 'r--, ,-----_=: 590 295 0 590 Feet + - DEVELOPMENT DEPARTMENT PLANNING & ZONING DIVISION MEMORANDUM NO. PZ 05-024 TO: Chair and Members Community Redevelopment Agency Board FROM: Hanna Matras ,~\"\ Planner THROUGH: Michael W. Rumpf Director of Planning and Zoning DATE: January 20, 2005 PROJECT NAME/NUMBER: High Ridge/ ANEX 05-001-LUAR 05-002 REQUEST: To annex the property; to amend the Future Land Use Designation from Palm Beach County's MR-5 (Medium Density Residential, maximum 5 dwelling units per acre (du/acre) and LR-2 (Low Density Residential, 2 du/acre) to HDR (High Density Residential, 10.8 du/acre) and rezone from Palm Beach County's Single Family Residential (RS) to Planned Unit Development (PUD). PROJECT DESCRIPTION Property Owner: Paramount Investment Group and George Kechriotis Applicant/Agent: New Urban CommunitiesjTimothy L. Hernandez and Roger Decapito Location: Northwest corner of High Ridge Road and Miner Road (Exhibit "A ") Parcel Size: ±18.44 acres Existing Land Use: Palm Beach County's land use designations of MR-5 Medium Density Residential with an underlying maximum residential density of 5 dwelling units per acre (du/acre) and LR-2 Low Density Residential with an underlying residential density of 2 dwelling units per acre (du/acre) Existing Zoning: RS Single Family Residential (Palm Beach County) Proposed Land Use: High Density Residential (10.8 du/acre) Proposed Zoning: Planned Unit Development Proposed Use: 48 single family homes and 126 townhomes File Number: LUAR OS-002-ANEX 05-001 High Ridge Adjacent Uses: North: Single family homes in unincorporated Palm Beach county, designated LR-2 Low Density Residential (2 du/acre) and zoned RS Single Family Residential. South: The right-of-way of Miner Road, then developed property (flex space warehouse) designated Industrial (I) and zoned Ml Light Industrial; further south a townhome development (Canterbury, currently under construction), with a density of approximately 9.9 du/acre, designated Industrial (I) and zoned Planned Industrial Development (PID); to the southwest, undeveloped property within unincorporated Palm Beach County designated Industrial (IND) and zoned Single Family Residential (RS). East: The right-of-way of High Ridge Road, then, to the northeast, Cedar Ridge Estates, with single family homes and town homes (townhomes built at 8.04 dujacre), designated Low Density Residential (LOR) and zoned Planned Unit Development (PUD). To the northwest, High Ridge Commerce Park, developed properties designated Industrial (I) and zoned Planned Industrial Development (PID). West: To the west, undeveloped property (High Ridge Country Club) designated Low Density Residential (LDR) and zoned R1AA Single Family Residential. EXECUTIVE SUMMARY Staff recommends approval of the requested annexation, land use amendment and rezoning for the following reasons: 1. The request is consistent with the objectives of the City's annexation program and relevant policies in the Comprehensive Plan. 2. Annexation of the said property will reduce a pocket of an unincorporated county area surrounded on three sides by the City boundary. 3. Even though the requested land use amendment and rezoning is inconsistent with the recommendation of the Land Use Problems and Opportunities section of the Comprehensive Plan's Future Land Use Support Document, which advises Low Density Residential land use designation for the subject parcel, it would not create significant land conflicts. The review of the uses in the surrounding area shows reasonably comparable densities. Moreover, the project design establishes an appropriate transition from non-residential to residential uses and from the higher to the lower residential densities. 2 File Number: LUAR 05-002-ANEX 05-001 High Ridge 4. 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. 5. The proposed development meets the standards for development within the PUD zoning district. PROJECT ANALYSIS The parcels which are the subject of this land use amendment total 18.44 acres; therefore, the proposed land use change qualifies as a large-scale amendment pursuant to Chapter 163 F.5. Following local board review and City Commission public hearing, a "large-scale" amendment is transmitted to the Florida Department of Community Affairs for review for compliance with the state, regional and local comprehensive plans prior to adoption. Following the review period of approximately 60 days, DCA provides the City with a report of their findings in an "Objections, Recommendations and Comments (ORe) Report". The City then has 60 days to either (1) adopt the amendment as transmitted, (2) adopt the amendment with changes in response to the ORC report, or (3) determine not to adopt the amendment and inform DCA of that decision. According to Florida Statutes Chapter 163, large-scale amendments may only be adopted during two amendment cycles each calendar year. This amendment request is a part of the 1st round of amendments for the 2005 calendar year. This proposed amendment is being reviewed for transmittal to the Florida Department of Community Affairs (DCA). After transmittal and DCA review, the proposed amendment will be scheduled for adoption in June 2005. The proposed land use amendment is inconsistent with one of the recommendations included in the Comprehensive Plan. The recommendation is advisory and not a part of a plan policy. Nevertheless, staff is required to review the petition against the following eight (8) criteria by which land use amendments and rezonings are to be reviewed as indicated in Section 9.C.7.: a. Whether the proposed rezoning would be consistent with applicable comprehensive plan policies including but not limited to/ a prohibition against any increase in dwelling unit density exceeding 50 in the hurricane evacuation zone without written approval of the Palm Beach County Emergency Planning Division and the Citys risk manager. The planning department shall also recommend limitations or requirement~ which would have to be imposed on subsequent development of the prope~ in order to comply with policies contained in the comprehensive plan. The aforementioned recommendation is contained in Section VIII, Land Use Problems and Opportunities, of the Future Land Use Support Document. Initially adopted into the Comprehensive Plan with the intent of directing development and redevelopment activities in nine (9) planning areas within the city, recommendations of Section VIII have at present advisory character only. The subject property is located in planning area 5B. The recommendation reads: "The unplatted parcels on the west side of High Ridge Road, immediately north of the Miner Road right-of-way should be annexed, however, prior to deve/opment (...) should be placed in the Low Density Residential Land use category/~ 3 File Number: LUAR 05-002-ANEX 05-001 High Ridge This recommendation is also referenced in the High Ridge Road Corridor Study, published by the Palm Beach County in 1997. The study has not been adopted and it is supposed to be conveyed to the local governments as an informational item to be considered at the time of annexation and lor development approval for any of the reviewed sites. The objectives of the study include maintaining the predominantly residential character of the area, keeping densities and housing types in new residential projects consistent with those in existing developments and limiting access and traffic on High Ridge Road. The subject property is located in the southernmost vicinity of the study, Area 3, and is referred to as Tract B. The proposed use is residential as recommended, but the applicant is requesting High Density Residential land use. However, the proposed use should not create significant land use conflicts given that (1) to the south and southeast, the adjoining properties have an industrial land use designation; (2) there are townhomes to the east of the project, developed at a density of 8.09 du/acre (townhome density only); (3) the R1AA, single family zoning of the property to the west of the project, carries a maximum density of 5.4 du/acre, which corresponds to Moderate Density Residential land use designation, rather than the Low Density Residential actually on the ground and; (4) the applicant proposes single family homes along the west and north perimeter of the project, minimizing the land use conflict with either existing (to the north) or future (to the west) single family homes. Such master plan layout establishes the project as a transition from non-residential to residential uses and from the higher to the lower residential densities west, north and northeast of the property. Finally, the density proposed for the project is 9.44 du/acre, below the maximum of 10.8 du/acre allowed in the High Density Residential/and use. A number of comprehensive plan policies of the Future Land Use Element and Housing Element support the amendment. These include: . Urban sprawl-discouraging policies under Objective 1.13 of the Land Use Element, such as Policy 1.13.4: 1.13.4: ''The Ol:y shall further discourage urban sprawl/ (A) Prevent the presence or frequency of the primary indicators of urban sprawl through continuous promotion of compact developments within the Citys urban selVice areas, while requiring the maximization of all public selVices for each development in the most cost effective manner possible (..)/ . Policies concerned with housing choices for the community, under Objective 1.19 of the Land Use Element and Objective 6.1 of the Housing Element, such as policy 1.19.1 and policy 6.1.1: 1.19.1: "The City shall continue efforts to encourage a full range of housing choices (..)" 6.1.1: The City shall provide information/ technical assistance/ and explore possible incentives with the private sector to maintain a housing production capacity sufficient to meet the community needs. Possible incentive could include (...) density increases/;' . Policies promoting the principles of using the New Urbanism in development and redevelopment, under Objective 1.22. The proposed project is a compact, high density, new urban development as promoted by policy 1.13.4. and by policies under Objective 1.22. It would provide 48 single family homes to 4 File Number: LUAR 05-002-ANEX 05-001 High Ridge meet a significant demand for single family product in the environment where the new home market is dominated by townhomes (relatively few single family homes were build in the City in recent years). It will also provide 126 townhomes, a product for which a strong demand continues as demonstrated by sales in recently completed similar projects. The subject property is not located in the hurricane evacuation zone, so the Future Land Use Element Policy 1.12.1 pertaining to residential developments in hurricane evacuation zone does not apply. b. Whether the proposed rezoning would be contrary to the established land use pattern or would create an isolated district unrelated to adjacent and nearby districts/ or would constitute a grant of special privilege to an individual property owner as contrasted with the protection of the public welfare. The proposed rezoning will not be contrary to the established land use pattern, will not create an isolated district, nor will it constitute a grant of special privilege to the owner. As argued in item (a) above, the applicant proposes single family homes along the north and the west perimeters of the propertyr where either developed single family homes or vacant single family lots abut the property. Similarly, Cedar Ridge Estates, east of the property, is developed with both townhomes and single family homes, the latter being specifically placed to transition unit type and density to the single family homes north of the project in the unincorporated county. Cedar Ridge townhomes are developed at the density of 8.09 du/acre (as compared with the 9.44 du/acre for the proposed project). Another townhome development, Canterbury, a recently approved project with a density of 9.9 du/acre, is located about 1r350 feet (1/4 of a mile) south from the subject property. c. Whether changed or changing conditions make the proposed rezoning desirable. There have been changes that make the proposed land use amendment and zoning desirable. The population growth rates within the county and the city have been significantly higher than expected over the past decade, fuelling a very strong demand for housing. Increasing the density when it is feasible is one way to accommodate this demand. Land is becoming increasingly scarce; few larger parcels of 2 or more acres for residential development exist in the city. Consequently, land prices escalated; the need to assemble parcels has further increased the development costs. As a result, a townhome has become a preferred residential product, and it has been readily embraced by the market as part of an urban lifestyle. The product is desirable in view of the scarcity of land and anti-sprawl and transit-oriented development increasingly promoted in South Florida and reflected in the city's Comprehensive plan. The Tri-Rail station is located approximately 1/2 mile from the proposed development; a bus stop is located nearby on High Ridge Road. These changes have taken hold since the Comprehensive Plan was amended through 1998 EAR. The transformation of Quantum from an Industrial Park into a mixed use area with 1000 residential units illustrates the trend. Some 426 of these units are town homes; as indicated in (b), Canterburyr a recently approved Quantum townhome project with a density of 9.9 du/acrer is located about 1,350 feet south from the subject property. The proposed use of the property will represent a transition from the multifamily, commercial and industrial uses south and southeast of the property to low density residential to the west 5 File Number: LUAR 05-002-ANEX 05-001 High Ridge and north. Moreover, the industrial and commercial development (either existing or recently approved) in close proximity of the project will provide employment opportunities. d. Whether the proposed use would be compatible with utility system~ roadway~ and other public facilities. The applicant has provided a traffic analysis that indicates that if the property were redeveloped with single family homes under the current county land use designation, it would generate 750 average daily trips as compared to 1,362 average daily trips generated by the proposed project (a mix of single family detached-attached dwellings), or 612 more trips per day. If the maximum density at the proposed land use designation were utilized, 1,393 average daily trips would be generated, an increase of 643 trips over the existing land use potential. The review of the existing traffic conditions on the directly impacted link, High Ridge Road, indicates that the number of average daily trips in 2003 (with the peak season factored in) was 5,312, while the capacity at the level of service "D" on the said link was 15,400. Therefore, a significant unused capacity exists; in fact, the road is effectively operating at a level of service "B". The analysis shows volume-to capacity ratios for High Ridge Road (at the level of service "D") in 2008 and 2025 at 0.47 and 0.54, respectively. The ratios indicate that, on the long run, the road would still be operating at the better level of service "B". At present, the Palm Beach 2030 Transportation Proposed Cost Feasible Plan shows High Ridge Road at two lanes; the previous county recommendation to widen the right-of-way to four lanes has been revised. 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 demand is expected to be 78,648 gallons for water and 35,392 GPCD for sewer service. The City's utility plants currently have unreserved capacity to serve the projected demands of the proposed project. Required infrastructure improvements will include a pump station for sewer; water access is adjacent to the property. 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 January 7, 2005, 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. e. Whether the proposed rezoning would be compatible with the current and future use of adjacent and nearby propertie~ or would affect the property values of adjacent or nearby properties. The proposed rezoning will be compatible with adjacent and nearby properties, and will only serve to increase the value of these properties. The projected unit pricing ranges from $300- to $400 thousand for the townhomes and from $400- to $600 thousand for the single family homes. 6 File Number: LUAR 05-002-ANEX 05-001 High Ridge f. Whether the property is physically and economically developable under the existing zoning. With annexation into the City, the Palm Beach County land use designation and zoning must be changed to the city land use designation and zoning district. Physically, the property could be developed with single family homes under the city's Low- or Moderate Density Residential land use designations and corresponding single family zoning districts. However, the current economics of the market (chiefly very high land prices) could make it unfeasible for the property to be developed at a significantly lower density. 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 is reasonably related to both (see above section "c". h. Whether there are adequate sites elsewhere in the city for the proposed use, in districts where such use is already allowed. There are currently no vacant residential lots within the city to accommodate a project of the proposed scale and density. MASTER PLAN ANALYSIS 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, amenities and landscape design. To that end, all applications for rezoning to a PUD Planned Unit Development must be accompanied by a detailed master plan. The maximum density allowed by the High Density Residential land use classification is 10.8 du/acre; the applicant proposes a density of 9.44 du/acre. The master plan (Exhibit "B'') shows forty-eight (48) single family lots and 126 townhomes in 19 structures. The average unit size would be 1,900 square feet for the townhomes and 2,600 square feet for the single family homes. The townhome buildings extend along the south and east perimeters of the property. A drainage lake at the property's center incorporates a recreation area; the pool and cabana are located on a small peninsula. The lake tract occupies approximately 2.45 acres. The master plan shows three access points, all from High Ridge Road. This is contrary to the recommendation of the High Ridge Corridor Study for primary access for the subject property to be on Miner Road. However, given the property configuration (the lot frontage at Miner Road is only 458 feet) and the proximity of the Miner Road/High Ridge Road intersection, the feasibility of this recommendation is questionable. The study also recommends that any secondary access on High Ridge Road be aligned with the entrance to the Cedar Ridge PUD. The master plan shows the suggested alignment for the primary access point. The proposed master plan reflects the basic tenets of the New Urbanism; in fact, the development would be the first new urban community in Boynton Beach containing detached single family homes. 7 File Number: LUAR 05-002-ANEX 05-001 High Ridge The new urban design features include: 1. Smaller building setbacks The proposed building setbacks are generally smaller that those in existing or approved PUDs (see below). Such setbacks foster proximity between the public and private realms, thus facilitating closer interactions among inhabitants and creation of a real community in a social sense of this term. Building setbacks are as follows: For the single family homes: Front: 15 feet (as opposed to 20-25 feet in other PUDs) Side 5 feet (as opposed to 6-15 feet in other PUDs) Rear 10 feet (as opposed to 15-25 feet in other PUDs) For townhome structures: Front: 10 feet (up to 20 in other PUDs) Side 5 feet (up to 10 in other PUDs) Rear 5 feet (up to 10 in other PUDs) 2. Rear garages accessed from alleys This feature contributes to a pedestrian-friendly environment which downplays the role of an automobile. 3. Front porches and balconies These features also facilitate creation of a more friendly community, offering opportunities for people to get to know others in the neighborhood. 4. Spatially defined open spaces Likewise, these facilitate community interactions. For example, the lake resides completely in the public realm, with no private access for any of the residences. 5. A non-gated community CONCLUSIONS/RECOMMENDATIONS The request is consistent with the objectives of the City's annexation program and relevant policies in the Comprehensive Plan. Even though it is inconsistent with the recommendation of the Land Use Problems and Opportunities of the Comprehensive Plan's Future Land Use Support Document, which advises Low Density Residential land use designation for the subject parcel, it would not create significant land conflicts and is justified in part by current land development trends and characteristics within the area and in Quantum Park. 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 and a development that meets the standards expected in the PUD zoning district. Therefore, staff recommends that the subject request be approved. 8 File Number: LUAR 05-002-ANEX 05-001 High Ridge If the Community Redevelopment Agency Boa rd or the City Commission recommends conditions, they will be included within Exhibit "C". ATTACHMENTS S:\Plannlng\SHARED\WP\PROJECfS\Hlgh Rldge- New Urban Communitles\lUAR 05-002\STAFF REPORT High Rldge.doc 9 " HIGH RIDGE Exhibit A New Urban Communities LUAR 05-002-ANEX 05-001 r=~·-==~~= ---------- .. ---""-....--...,- ---- --- --- -~.._~- I I ; I I I ; "~// -- ---------- ----------------------------.------------ / I I I .......--- I I I ! ... _________1 ""-....--. -. .- -. - ......-....--..-..- ----r---- .--.- ......, '_n. "............... ----- ~ III "CI C ::I .-... . 0 CD ...-.......- ~ ü ._-_...~. "-'-"--- .M.._....._. 590 295 0 590 Feet N Â -~ Ii Ii Iii ~i II In 1m ¡I i~1 nli I mll~ f III ill II ¡ ¡ 1IIIIII1 II I¡!I ! ilil II ~ ~ ij di ~ I ~ ~ q h I~II ~ II ::t - ¡ I 'II III! I! Ii! Î! ¡I ¡Ii q¡¡. h m :¡ ¡ ¡ ¡I! P ¡! II I 41!111 !i!li ~ f II ~ :1 ~ h ~!~ ~ a t ¡~. ¡ ~' ~ - 11111 11111'li'lll~mli ¡III ; un I~ I¡~ ! ¡ ! '!I ~ ~ i I Ii · & ~Ii B ,i ~ ~ ~.. I !it ~ i ~ § i . . 102'1-···1 ::m m¡;~ UP ¡,. ¡ f ~ I I 11'.' ...-,~ ! M. _.-- ~I IS',,! P~¡¡~!i ~~~~§¡~ ~~g~i~ ~~iI ~!l ~ ."1 .¡;;,;; ~I~I¡;;I ~~.', 11: iIi ~ !:j H¡¡~i¡~ ~~~ il§ H~i!g ~i~l~ n: ~E ~¡ §a~ ~ §~~~ ~ ~I~ ~ , . ~ \! ~,~ m 0 ~ a' ~ ;, 'R m: ;,~. g 8 ~ \!' ~~,~ §. ~ ,.. "~ ~ ~!! ¡; - iii' .~ o~ If) ..:::-J. q ~ IrJl~ I ~ ", I 'I 2 \~ ~~I~ q [ij ~ ~ ..;¡ i r '" S ......... ~ ~ ! ~. ~ ! ª ,~ .I '1111~1 Hígh Rídge ~¡~r 11'1 ~8. 1, : I i n I i g.ft f~ I I ~/¡Ul New Urban Communities t¡: U Boynton Beach, Florida ~ í J oo.Ei ~, ~ 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 D April S, 200S March 14, 200S (Noon.) D June 7, 200S May 16, 200S (Noon) D April 19, 200S Apri14,200S (Noon) D June 21, 200S June 6, 200S (Noon) D May 3, 200S April 18, 200S (Noon) D July S, 200S June 20, 200S (Noon) C) 00 ) -4 [g May] 7, 200S D July 19, 200S "~ ~1 . ---...... May 2, 200S (Noon) July S, 200S (Noon) --, "1::'-" ,~ -':1 " -'1 7J ""GJ í"") 0 D Administrative D Development Plans .-~-,"'t ~ --.:-,: NATURE OF D Consent Agenda D New Business ~:~ '.)-1 . CJ AGENDA ITEM D [g -=:;.z Public Hearing Legal C) ~o.J .:": rr1 D Bids D Unfinished Business ", ~J> ';" 10 D Announcement D Presentation ..;... D City Manager's Report RECOMMENDATION: Please place this request on the May 17,2005 City Commission Agenda under Legal, Ordinance - Second Reading. On February I, 2005, the City Commission approved this item (including First Reading of the Ordinance) thereby transmitting it to the Florida Department of Community Affairs (DCA). This item has been returned from the DCA and is now ready for final ordinance processing, For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 05-022. EXPLANATION: PROJECT: Knollwood Groves (LUAR 05-001) AGENT: Chip Bryan, Julian Bryan & Associates, Inc. OWNER: Knollwood Groves, Inc. LOCATION: 8053 Lawrence Road, west side of Lawrence Road at the intersection of Miner Road DESCRIPTION: Request to amend ±30.683 acres ofland on the Comprehensive Plan Future Land Use Map from Agriculture (A) to Low Density Residential (LDR). Proposed use: Single-family residential community. PROGRAM IMPACT: FISCAL IMPACT: ALTERNATIVES: ~, Developmen a ent Direct City Manager's Signature LUL ? Planning ãnd ZonintDirector City Attorney / Finance / Human Resources S:\Planning\SHARED\WP\PROJECTS\Knollwood Groves PUD\LUAR OS-OOI\Agenda Item Request Knollwood Groves LUAR OS-OOI amend 2nd reading S-17-0S.dot S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC 1 ORDINANCE NO. 05- Cll 2 3 AN ORDINANCE OF THE CITY OF BOYNTON 4 BEACH, FLORIDA, AMENDING ORDINANCE 5 89-38 BY AMENDING THE FUTURE LAND USE 6 ELEMENT OF THE COMPREHENSIVE PLAN 7 FOR A PARCEL O\VNED BY KNOLL WOOD 8 GROVES, IN c., AND LOCATED ON THE 9 SOUTH\VEST CORNER OF THE 10 INTERSECTION OF LA \VRENCE ROAD AND 11 THE LWDD L-20 CANAL (APPROXIMATELY 1 12 MILE SOUTH OF HYPOLUXO ROAD); 13 CHANGING THE LAND USE DESIGNATION 14 FROM AGRICULTURE (A) TO LOW DENSITY 15 RESIDENTIAL (LDR); PROVIDING FOR 16 CONFLICTS, SEVERABIlJTY, AND AN 17 EFFECTIVE DATE. 18 19 WHEREAS, the City Commission of the City of Boynton Beach, Florida has 20 adopted a Comprehensive Future Land Use Plan and as part of said Plan a Future Land 21 Use Element pursuant to Ordinance No. 89-38 and in accordance with the Local 22 Government Comprehensive Planning Act; and 23 \VHEREAS, 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 two (2) public hearings the City Commission acting in its 27 dual capacity as Local Planning Agency and City Commission finds that the 28 amendment hereinafter set forth is consistent with the City's adopted Comprehensive 29 Plan and deems it in the best interest of the inhabitants of said City to amend the 30 aforesaid Element of the Comprehensive Plan as provided. 31 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 32 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: S:\CA\Ordinances\planning\Land Use\Knollwood.doc 1 Section 1: The foregoing ~WHEREAS clauses are true and correct and 2 incorporated herein by this reference. 3 Section 2: Ordinance No. 89-38 of the City is hereby amended to reflect the 4 following: 5 That the Future Land Use of the following described land located on the 6 Southwest comer of the intersection of Lawrence Road and the L WDD L-20 Canal 7 (Approximately 1 mile south of Hypoluxo Road) in Boynton Beach, Florida shall be 8 changed from Agriculture (A) and shall now be designated as Low Density Residential 9 (LDR): 10 The North one-half of the Northeast one-quarter ofthe northeast one- 11 quarter, and the northeast one-quarter ofthe Northwest one-quarter of 12 the northeast one-quarter of Section 13, Township 45 south, range 42 13 east, Palm Beach County, Florida. 14 15 Less and Except 16 17 The North 40.00 feet thereof and the East 40.00 feet of said north 18 one-half of the Northeast one-quarter of the northeast one-quarter. 19 Said lands situate in the city of Boynton Beach, Palm Beach County, 20 Florida, and contain 30.683 acres, more or less. 21 22 23 Subject to easements, restrictions, reservation and rights of way of record. 24 25 26 Section 3: That any maps adopted in accordance with the Future Land Use Element 27 of the Future Land Use Plan shall be amended accordingly. 28 Section 4: All ordinances or parts of ordinances in conflict herewith are hereby 29 repealed. 30 Section 5: Should any section or provision of this Ordinance or any portion thereof 31 be declared by a court of competent jurisdiction to be invalid, such decision shall not affect S:\CA\Ordinances\Planning\Land Use\Knollwood.doc 1 the remainder of this Ordinance. 2 Section 6: This Ordinance shall take effect on adoption, subject to the review, 3 challenge, or appeal provisions provided by the Florida Local Government Comprehensive 4 Planning and Land Development Regulation Act. No party shall be vested of any right by 5 virtue ofthe adoption ofthis Ordinance until all statutory required review is complete and 6 all legal challenges, including appeals, are exhausted. In the event that the effective date is 7 established by state law or special act, the provisions of state act shall control. 8 FIRST READING this ~ day of re..brua..r,/_,2005. 9 SECOND, FINAL READING and PASSAGE this _ day of , 10 2005. 11 CITY OF BOYNTON BEACH, FLORIDA 12 13 14 Mayor 15 16 17 Vice Mayor 18 19 20 Commissioner 21 22 23 Commissioner 24 25 26 Commissioner 27 ATTEST: 28 29 30 City Clerk 31 32 (Corporate Seal) 33 S:\CA\Ordinances\Planning\Land Use\Knollwood.doc DEVELOPMENT DEPARTMENT PLANNING & ZONING DIVISION MEMORANDUM NO. PZ 05-022 TO: Chair and Members Planning and Development Board and Mayor a~mlSSion FROM: Dick Huds , CP Senior Planner THROUGH: Michael W. Rumpf Director of Planning and Zoning DATE: January 12, 2005 PROJECT NAME/NUMBER: Knollwood Groves PUD/LUAR 05-001 REQUEST: Amend the future land use designation from Agriculture (A) to Low Density Residential and rezone from AG Agricultural to PUO Planned Unit Development PROJECT DESCRIPTION Property Owner: Knollwood Groves, Inc. Applicant! Agent: DRHI, Inc./Julian Bryan & Associates, Inc. Location: Southwest corner of the intersection of Lawrence Road and the LWDD L-20 Canal (Approximately 1 mile south of Hypoluxo Road) (Exhibit "A") Parcel Size: ±30.683 acres Existing Land Use.: Agriculture (A) Existing Zoning: AG Agricultural Proposed Land Use: Low Density Residential (LOR) Proposed Zoning: PUO Planned Unit Development Proposed Use: 145 single-family homes Adjacent Uses: North: Right-of-way of the LWDD L-20 Canal then single family residential development (Manor Forest) designated Low Density Page 2 File Number: LUAR 05-001 Knollwood Groves PUD Residential and zoned PUD Planned Unit Development South: To the southeast, developed single family residential (Nautica) designated Low Density Residential and zoned PUD Planned Unit Development. To the southwest, vacant land in unincorporated Palm Beach County designated MR-5 Single Family Residential (5 du/ac) and zoned AR-Agricultural Residential East: Right-of-way of Lawrence Road then single family residential development (Citrus Glen) designated Low Density Residential and zoned PUD Planned Unit Development West: To the northwest, vacant land in unincorporated Palm Beach County designated MR-5 Single Family Residential (5 du/ac) and zoned AR-Agricultural Residential. To the southwest, single family residential development (Sunset Cay) also located in unincorporated Palm Beach County, designated RTU Residential Transitional Urban district. EXECUTIVE SUMMARY Staff recommends approval of the requested land use amendment and rezoning for the following reasons: 1. The requested land use amendment is consistent with the City's adopted Comprehensive Plan, including the requirements for concurrency; 2. The requested land use and zoning are consistent with surrounding development; however, 3. While the proposed Master Plan meets the minimum requirements of the code, there are several issues that must be worked out with the County; therefore, 4. Staff would require that a final Master Plan, to be approved prior to final adoption of the rezoning, will address the issues of right-of-way width for the continuation of Miner Road and the provision of access and utility connections for an adjacent isolated parcel to the southwest, lying in the unincorporated area. PROJECT ANALYSIS The parcels, which are the subject of this land use amendment, total ±30.683 acres. Because of the size of the property under consideration, the Florida Department of Community Affairs classifies this amendment as a "large-scale" amendment. Following local board review and City Commission public hearing, a "large-scale" amendment is transmitted to the Florida Department of Community Affairs (DCA) for review for compliance with the state, regional and local comprehensive plans prior to adoption. Following the review period of approximately 60 days, DCA provides the City with a report of their findings in an "Objections, Recommendations and Comments (ORe) Report". The City then has 60 days to either (1) adopt the amendment as transmitted, (2) adopt the amendment with changes in response to the ORC report, or (3) Page 3 File Number: LUAR 05-001 Knollwood Groves PUD determine not to adopt the amendment and inform DCA of that decision. According to Florida Statutes Chapter 163, large-scale amendments may only be adopted during two amendment cycles each calendar year. This request is part of cycle 1 for calendar year 2005. Master Plan Reauirements The regulations for the Planned Unit Development zoning district require that a master plan, including multi-year phases be submitted and reviewed for approval at the time of rezoning to PUD. The Master Plan accompanying the application is preliminary only. There are several issues to be resolved before a final Master Plan can be approved, which will occur prior to final adoption of the land use amendment and rezoning. The primary issues involve with Palm Beach County's requirement for right-of-way dedication for the continuation of Miner Road westward to Military Trail. Currently, Minor Road stops at Lawrence Road; however, the County's Long-Range Transportation Improvement Plan calls for a right-of-way of 110 feet along the north boundary of the property, while the Master Plan shows a dedication of only 80 feet. The requested dedication would not align with the improved portion of the roadway. Both the proposed right- of-way width and alignment are under discussion with the County. These issues must be settled prior to submittal of the revised Master Plan. Currently, the Master Plan shows one entrance off Miner Road. A 25-foot wide landscape buffer separates the residential lots from Minor Road and la-foot landscape buffer easements are provided on the other three sides of the development. A lake/water management tract of 5.37 acres is located along Lawrence Road, and a 0.69-acre recreation area is centered on the entrance and double loop roads, which are shown with 40-foot right-of-way widths that provide circulation through the development. Individual lots are not shown but are noted as having a typical size of 45 feet by 107 feet. The preliminary master plan included with the application, meets only the minimum criteria for submittal, and will be revised and reviewed again prior to adoption for details such as setbacks, preliminary drainage plans and specific consistency with adjacent planned developments. Staff has identified a potentially landlocked parcel in the unincorporated area abutting the subject property to the southwest. The County is requesting that the proposed development provide a 50-foot access easement and utility connections to the landlocked parcel. These provisions should be a condition of zoning approval. Review Based on Criteria The criteria used to review Comprehensive Plan amendments and rezonings are listed in the Land Development Regulations, Chapter 2, Section 9, Administration and Enforcement, Item C. Comprehensive Plan Amendments: Rezonings. These criteria are required to be part of a staff analysis when the proposed change includes an amendment to the Comprehensive Plan Future Land Use Map. a. Whether the proposed rezoning would be consistent with applicable comprehensive plan policies including but not limited to/ a prohibiüon against any increase in dwelling unit density exceeding 50 in the hurricane evacuaüon zone without written approva/ of the Palm Beach County Emergency Planning Division and the City's risk Page 4 File Number: LUAR 05-001 Knollwood Groves PUD manager. The planning department sha// a/so recommend /imitations or requirements/ which wou/d have to be imposed on subsequent deve/opment of the prope~ in order to comply with policies contained in the comprehensive plan. The subject property is not located in the hurricane evacuation zone, therefore the referenced policy is not applicable; however, other applicable objectives and policies contained in the comprehensive plan include: ''Policy 1.17.5 The City shall continue to maintain and improve the character of existing single-family and lower-density neighborhoods, by preventing conversions to higher densities/ except when consistent with adjacent land use~ or with implementing redevelopment plans including the Boynton Beach 20/20 Redevelopment Master Plan. Policy 1.19.1 The City shall continue efforts to encourage a full range of housing choice~ by allowing densities which can accommodate the approximate number and type of dwellings for which the demand has been projected in the Housing and Future Land Use E/ements/' The subject property is located outside the area of the City covered by the Bovnton Beach 20/20 Redevelooment Master Plan; however, the proposed development is similar in density and type of development to the developments surrounding it. Therefore it is consistent with the directions of Policy 1.17.5. The provision of single family homes, as proposed on this site, offsets the recent trend in the City to develop multi-family projects and townhouses, thereby increasing the range of housing choices available to the market, and providing consistency with Policy 1.19.1. b. Whether the proposed rezoning would be contrary to the established land use pattern or would create an isolated district unrelated to adjacent and nearby districts, or would constitute a grant of special privilege to an individual property owner as contrasted with the protection of the public welfare. The proposed rezoning would not create an isolated district, but would relate to the adjacent developments surrounding the site. c. Whether changed or changing conditions make the proposed rezoning desirable. It is unfortunate that this is the last agricultural parcel left in the City and has been viewed as somewhat of an institution; however, the costs of agricultural production and the fluctuating market conditions, have taken their toll on small grove operations throughout the state. The proposed land use amendment and rezoning are the minimum changes to the property, and are consistent with surrounding land uses and zonings, both in the City and the adjacent unincorporated area. d. Whether the proposed use wou/d be compatible with utility systems/ roadways/ and other public facilities. Page 5 File Number: LUAR 05-001 Knollwood Groves PUD 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 demand is expected to be 72,600 gallons for water and 32,670 GPCD for sewer service based on an average of 2.5 persons-per- household and 145 houses in the development. The City's utility plants currently have unreserved capacity to serve the projected demands of the proposed project. Traffic analysis prepared by the applicant's consultants, shows that the proposed land use designation is consistent with the Transportation Element of the Palm Beach County Comprehensive Plan. The County Engineer has stated that the Traffic Division has no objections to the proposed change in land use. 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 lO-year planning period. The School District of Palm Beach County has reviewed the application and has determined that adequate capacity exists to accommodate the resident population. Lastly, drainage will also be reviewed in detail as part of the review of the conditional use application, and must satisfy all requirements of the city and local drainage permitting authorities. e. Whether the proposed rezoning would be compatible with the current and future use of adjacent and nearby propertie~ or would affect the property values of adjacent or nearby properties. The compatibility of the requested land use designation and rezoning has been discussed above. With the requested land use amendment, the property becomes more compatible with adjacent properties but would probably have a value-neutral effect on adjacent properties. f. Whether the property is physically and economically developable under the existing zoning. The property is currently in use as an agribusiness and has been for many years. It could continue as such, and the site could also be developed with one accessory residence. The pressures currently affecting agribusiness are briefly discussed above; therefore, it may not be economically feasible for the property to continue under this use. 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 size of the subject parcel will afford a development similar in nature to surrounding residential development and will contribute to the range of housing opportunities available in the City. h. Whether there are adequate sites e/sewhere in the city for the proposed use, in districts where such use is already a/lowed. This is one of the last parcels of such size left in the city that could be developed for single family detached residences. Only one other parcel of similar size, the property surrounding the High Ridge Country Club, is designated for low density resIdential development. Page 6 File Number: LUAR 05-001 Knollwood Groves PUD CONCLUSIONS/RECOMMENDATIONS As indicated herein, this request is consistent with the intent of the Comprehensive Plan; will not create additional impacts on infrastructure that cannot be accommodated by the City at present; will be compatible with adjacent land uses and will contribute to the overall economic development of the City. While the proposed Master Plan meets the minimum requirements of the code, there are several issues that must be resolved with the County; therefore, staff would require that a final Master Plan, to be approved prior to final adoption of the rezoning, must address the issues of right-of-way width for the continuation of Miner Road and the provision of access and utility connections for the parcel to the southwest, lying in the unincorporated area. If the Planning and Development Board or the City Commission recommends conditions, they will be included within Exhibit "B". ATTACHMENTS S:\Plannlng\SHARED\WP\PROJECTS\Knollwood Groves PUD\LUAR OS-OOl\STAFF REPORT Knollwood PUD.doc Exhibit A Knollwood Groves PUD LUAR 05-001 I, \l-W.Y 1= t: ~ ~ Ht ~~~ ~r ~ gE~ - I- . R F!Nìl..N ~ n Ë= t= ~ t:= ~K 0j At-:. '- ~ / _ n ---¡ r=;~ '1-- 1=1 ~ '/ II~ ~ ¡'I I I l II "" ~ ~ rl ~ ",111111111 /~\ '---., r ~~ t----" "f- /1111111 .-t--- 11= v j, ~ 111/ II COL I f- - ~ J I!]; ~ » \:: §<1 .~¡.;.:: ,,\, ~ ¡:: t:::\ l[~ ~ (J;j IIJF 3 ~ "fi == ¡Pm J,..:: ...... '<'~ !m:: ,,,-~ ~ ~ 'I- µ.J f- f- '- JL' '-ZJ. t:= t: f-.:: ~T ~ I ~I ~ !!lIe ":-: 1 r=: ,<\i == ~ U:::I '---- J:: ngn III II WJ.J.J.1,,¡ t:= ::¡ ~ t¡ ~"9õ ~~ ~TTIlI I II~" ~ ~ I! == tj ::: f- J! I SHERATON BOANU Fï : i\j ;;¡ EDMAN ~ i ~:rrrr;f ;:J[fI~ ~ ~~~ ¡::: KEN.KILL KIRKWOOD ¡;; I Fffff 1 ~ ~1&G~\\ ~ ~ ) HALLMARK G""\''-' S 79TH R~ ¡, \- f--1 Iii /' ~ NEW a OON :Ii '- (A '------¡ III ~~, I AROS PATRICIAN ~ (/ ~ ,,,,, I r \\' '/I 'III ~ OTH __ ._ ._._._ ._ ._....1 / :J"'/..I ~ ., ¿VZ~¿ "., ill~ 'rI ¡"k. ,J~þ~6 ~ 'J III II =F ÌAJ)~ "0' ,~ I': ;'~Á '-.- ~ --::::;::;: ~ ~N 12 ~ ~~ "'~//. ~ ~'l~ - - ^'" ~ V":~ > -rTt- ~ ~ ~ I " r- ~ \\ìï ~ I I I Il J. J.1 I I I I I IlIJi /, \ J ~ I ilftI ~ ~JHER I f- Ij- / 'I ~ 311r III I "" /,1 ~H~" I'--- -Ml TT I / ~ '\ ~, E Fe, ~ ñi f- f-" I~ ~v = I t- I I I illl '> : ..---~ T"E~ r::: t-r'''< 1.., 1= l- E == w. ~)- '- / I- ::-= i.UtLEN~ I I ~ ~ ~ ~ 1\'\ 11111\\ I I-f- I- ~ 6 ~~ ~ '¿: " ~ ~B~ :=;= SUN TREE -.;P"" _l- t:: !/II(II//I/I ;g 0- -I t- !t!tJ.¡;¡;¡ ~ SUN I- III II \I III \ 'I ill mil" ~,,\ \J I I Id!TdH r-- r-- ,.- tpil!11I 1/ 'i _ '" I IllJJ rt J'r ~ 1111111 J:- :i IJ7 z § f= II ~7T111111111 ~ ,I' /!\.y S ~ ATT N 1,100 550 0 1,100 Feet A Meeting Minutes City COmmission Boynton Beach, Florida February 1, 2004 applicant had agreed to Medium Density Residential as opposed to the High Density Residential shown in the Item's title on the agenda. The applicant reconfirmed this. City Attorney Cherof read Proposed Ordinance No. 05-009 by title only. Commissioner Ensler asked how many units were allowed per acre for Medium Density. Ms. Matras responded that it was 9.68 du/acre. Motion Commissioner Ferguson moved to approve Proposed Ordinance No. 05-009 (LUAR 05- 002). Commissioner McKoy seconded the motion. City Clerk Prainito called the roll and the motion passed 3-2, Vice Mayor McCray and Commissioner Ensler dissenting. B-2 High Ridge/New Urban Communities Request to rezone from Single-family Residential (RS) (Palm Beach County) to Planned Unit Development (PUD) (1ST READING OF PROPOSED ORDINANCE NO. 05-010) Mayor Taylor announced the first reading of Proposed Ordinance No. 05-010. City Attorney Cherof read Proposed Ordinance No. 05-010 by title only. Motion CommIssioner Ferguson moved to approve Proposed Ordinance No. 05-010. Commissioner McKoy seconded the motion. City Clerk Prainito called the roll and the motion passed 4-1, Vice Mayor McCray dissenting. THE MEE77NG RECESSED AT 9:08 P.M. AND RESUMED AT 9:18 P.M. C. Project: Knollwood Groves (LUAR 05-001) Agent: Chip Bryan, Julian Bryan & Associates, Inc. Owner: Knollwood Groves, Inc. Location: 8053 Lawrence Road, west side of Lawrence Road at the intersection of Miner Road Description: Request to amend ±30.683 acres of land on the Comprehensive Plan Future Land Use Map from Agriculture (A) to Low Density Residential (LDR) (1ST READING OF PROPOSED ORDINANCE NO. 05-011), and 27 Meeting Minutes City Commission February 1, 2004 . Boynton Beach, Florida Request to rezone from ~ricultural (AG) to Planned Unit Development (PUD) (1 READING OF PROPOSED ORDINANCE NO, 05-0J2) Proposed use: Single-family Residential community City Attorney Cherof swore in the persons who would be speaking on this item and requested that the residents try not to repeat what others had said, if possible. Mayor Taylor suggested that the discussion cover Proposed Ordinances No. 05-011 and 05-012 concurrently, and the applicant did not object. Dick Hudson, Senior Planner, stated that the request was consistent with the intent of the Comprehensive Plan, would not create additional impacts on infrastructure that could not be accommodated by the City at present, would be compatible with adjacent land uses, and would contribute to the overall economic development of the City. While the proposed Master Plan met the minimum requirements of the Code, there were several issues that had to be resolved with the County; therefore, staff would require that a final Master Plan, to be approved prior to tinal adoption of the rezoning, must address the issues of right-of-way width for the continuation of Miner Road and the provision of access and utility connections for the parcel to the southwest. The Planning & Development Board recommended at its January 25, 2005 meeting that this request be denied, until a complete master plan could be submitted. Michael Weiner, 209 S. Seacrest Boulevard, Boynton Beach, appeared on behalf of D. R. Horton, an organization that had completed five other projects in the Oty. Mr. Weiner felt that Staff's Report had covered all the salient points and proved the case for the developer. He reviewed each of the eight criteria that had to be met in the staff report. After the Planning & Development Board meeting, D.R. Horton went back to the drawing board to address some of the concerns of the residents. Most importantly, Mr. Bryan would be displaying the "filled-in" master plan. An aerial photograph was displayed, which showed that the zoning on each side of this project was 5 du/acre and this project was less than that. Mr. Weiner referred to the concerns of the community, as expressed at the Planning & Development Board meeting. He assured those who were present that this action was merely for a transmIttal to the Department of Community Affairs. If the residents had 28 Meeting Minutes City Commission Boynton Beach, Florida February 1, 2004 more questions, there would be another opportunity to air them and try to resolve them. The issue of Miner Road and the UO-foot right-of-way was discussed. Mr. Weiner believed that the developer and the residents should join forces to ask the County why it wanted to maintain an 110 foot long right-of-way on a road that was not going to be an east-west collector. If it went to Military Trail, it would be at an odd angle and would create other problems. He had spoken to County Commissioner Warren Newell's office about this and Commissioner Newell was aware that this was a community issue. The issue of this project changing the rural character of the area was discussed. Mr. Weiner indicated that the developer would be required to meet all applicable standards with regard to the sUlvey of the remaining trees, regulations concerning the cutting and placement of trees, and the use and re-use of the indigenous species. This project would bring expansive lakes for drainage purposes, and some views and vistas that would be good for the residents of the project and the neighbors to the north. Therefore, they did not feel they were Impacting the rural nature of the community and believed that they would be a better neighbor than a nursery or an agricultural use. Julian Bryan of Julian Bryan&. Associates, Inc., represented the applicant and displayed the master plan for the project. He commented that this project exemplified the lowest density of any project in the City, 4.84 du/acre maximum. This plan was proposed for about 140 units, which would be approximately 4.50 du/acre. Over the next couple of months, the site plan and engineering plan would be developed and the lot sizes and locations would be identified. Dick Hudson commented that the five-acre landlocked parcel had been addressed in the Staff Report, which set forth a requirement that the developer provide access to this and sub outs for utilities, and they had taken care of that. Staff recommended approval. Vice Mayor McCray asked if the fruit trees that he referred to as having canker had been tagged by the Agriculture Department. Mr. Weiner did not know, but said Mr. Goldesitch, the developer's environmental consultant, had tagged them. Jim Goldesitch, President of Goldesitch & Associates, a biological consulting firm, said his firm had done the environmental assessment on the proposed site. Vice Mayor McCray asked if the Agriculture Department had been notified about the canker situation at Knollwood Groves. Mr. Goldesitch responded that the developer had not notified the Agriculture Department. Mayor Taylor opened the Public Hearing. 29 Meeting Minutes City Commission February 1, 2004 Boynton Beach, Florida Sergio Casaine, 13 Meadows Park Lane, Boynton Beach, a member of the Planning & Development Board, stated that the Initial proposal had been voted down at the Planning & Development Board since no master plan was available. They had also received a dear message from the developer that no master plan was ready because staff insisted that Miner Road be included in the master plan. That had now been explained. There was some feeling on the Board, also, that the serious concerns of the community required respectful consideration and address. He felt that the Commission needed to consider the needs of the citizens, along with the requirements of the various codes. The reason Mr. Casalne had changed his mind and now supported the project, was that he had learned that the developer had taken the homeowners' concerns very seriously and that they were not interested in including Miner Road as part of the project. Mr. Casaine felt that it was important for the Oty to consider the traffic situation citywide. Richard Nevitt, 7964 Old Military Trail, commented that his neighborhood to the north of the Proposed project was a wonderful place to live, with kids, dogs, and horses. There were three horse farms, a dog-training farm, a tree farm, and a lot of properties where it was possible to literally play in the streets. If Miner Road were built through the grove and then through his yard, it would seriously impact the quality of life in the area, poSSibly tripling the number of cars on the road. If the road were not continued, they would be happy with this project as a neighbor. Mayor Taylor commented that Miner Road could go through regardless of what was now there and this development did not make Miner Road either go away or get built. For the record, Mr. Nevitt wanted it known that they objected to the rezoning, if it involved this roacJ. Mayor Taylor reiterated that either way, that road was not part of this parcel. The City courd put a park there and the County could still run the road through it. Melissa Delisa, 7915 Manor Forest Boulevard, Boynton Beach, fives in the development just north of Knollwood Groves. She asked the City to preserve this land and POssibly make it into a park. She felt that they could accept the removal of the orange trees if necessary; however, they wanted the City to consider the wildlife on the property, much of which was protected by Federal regulations. She commented on the number of buses that come to Knollwood Groves for educational purposes. It was sad to see this lost to their children. Knoffwood Groves sells organic food that they grow on their property, much of it pesticide free. She asked the Commissioners to take a tour through Knoflwood Groves. With the two local schools already overcrowded, this plan did not make sense. She asked the City to save some green space and reconsider the rezoning. 30 Meeting Minutes City Commission Boynton Beach, Florida February 1, 2004 Matthew Maxwell, 7939 Manor Forest Boulevard, mentioned the untouched, natural hammocks on this property that were some of the few remaining hammocks in south Florida. He pointed out that Knollwood Groves had been an institution and a tourist attraction in the area for over 70 years. Losing it would impact the tourism industry and what those tourists bring to the City. He believed that the City, the County, or the State should purchase this property and make a preserve of it. Roger Williams, 4540 White Feather Trail, lives on two acres on the property to the west of the proposed project. He asked the Commission to help the residents make their case to the County about not developing the Miner Road extension. Donna Hawkins, 7895 Manor Forest Boulevard, resides in the Lawrence Oaks Subdivision near the proposed project. Ms. Hawkins spoke of the Knollwood Grove area as a natural wildlife habitat. She was able to sit on her porch and view endangered species from her back yard. This area was part of the ecosystem of the State of Rorida. If it had canker, then get rid of the orange trees but not the 1,000 year-old water oak tree, the 75 year-old gumbo Umbo trees, five acres of jungle hammocks. The Audubon Society did a survey in Knollwood Groves in December of 2004 and found 23 endangered species of birds in residence on this property. If the property is going to be destroyed, some rules should be set. She spoke of the developer's plans to have two water retention areas and buffers. She saw their development down the road and she had seen what they called retention areas. She asked that they leave the two natural lakes already on the property for that purpose. This was the last stronghold for the environment in this area, and she asked that the environment not be destroyed. Beth Day, 4283 Redding Road, Boynton Beach, lives to the north side of the 5- acre landlocked piece of land. Her home had an easement for ingress/egress to the landlocked five acres. She was concerned after hearing that this piece of land was sold to the developer. She explained all she had done by way of checking into her rights at the time of purchasing her home. She did not believe that public access to that area would be allowed. Also, there was a 20-foot utility easement for the people that live on the north side of Redding Road. How close would the developer build to this easement? Were they planning on building one or two-story homes? Dennis Clark, 4376 Redding Road, Boynton Beach, stated that there was a piece of property to the north of Nautica on Lawrence Road that was supposed to be a dvic center. The developer was supposed to give this land when the property was developed. It was an open area that would normally be used for a park. He understood this had been tumed into a cachement basin for water with a walk around It. The Lawrence Oaks Subdivision had private property that was supposed to be used for their recreational area that the City would not let them build on because of the trees on the property. They were without a recreational area in that subdivision. To his knowledge, 31 Meeting Minutes City Commission February 1, 2004 Boynton Beach, Florida there were no parks set aside for the northwest section and he wanted to see the City address that issue. He thought that if the County were to turn that piece of Miner Road over to the City and if the lake Worth Canal were filled In and the area landscaped, that it could be a suitable spot for a City park. He was not against the rezoning, but did want to see parks for the increased population. Mayor Taylor commented that there was a 4-5 acre space in Nautica that was planned as a park. David Shanks, 4602 White Feather Trail, Boynton Beach, built a horse farm for training horses. The expansion of Miner Road would affect him negatively. He asked that this issue be postponed until the County made a decision about the road. He thought the road issue should be settled before the rezoning and saw this as a rush to judgment. Larry John, 8244 Old Military Trail, Boynton Beach, asked for the City's help when they went to the County about Miner Road. He was under the impression that while the County did not plan to do anything about Miner Road in the next five years, there was a caveat that if the property were developed, the building of Miner Road would kick in. Mr. Bryan said this would not happen. Mr. John asked the Commission to look Into this. Brian Cooper, 4411 Sunset Cay, Boynton Beach, stated that he lived in the development to the west of the proposed site. He was not against the rezoning, but was concerned about Miner Road. He asked that the IO-foot easement between Sunset Cay and the Proposed project be extended to at least 25 feet to provide a more significant buffer between the two projects. They would have to have some kind of easement to access their properties from the other side. The developer may put two- story homes on this site and having two-story homes look down on one-story homes was not good for property values. Michael Loquercio, 4415 Sunset Cay Circle, Boynton Beach, echoed the comments of Mr. Cooper. John DeLisa, 7915 Manor Forest Boulevard, Boynton Beach stated that he did not want Miner Road extended since it would go through his back yard. He was concerned about the influx of traffic on Lawrence Road and the capability of the area schools to absorb all the extra children this project would bring in. His son's school was already overcrowded. Karen McKenzie, 8340 44th Court, Boynton Beach, said that she lived off White Feather Trail and that losing Knollwood Groves would limit the places in which her son 32 Meeting Minutes City Commission February 1,2004 Boynton Beach, Florida could play. They had enjoyed looking at the groves and fishing in the canal. Her son could not go into Sunset Cay to fish and he could not go into Nautica whether there was a planned park or not, since their neighborhood had no access to it. There was not enough recreational space for kids to play. Herb Suss, concerned citizen, said he had heard the Commission say that Miner Road going through was not part of the deal. However, he felt they should look into that since it could affect the lives of the people who spoke. He thought that the Commission should work with the County and Commissioner Newell to find out what the County was going to do about this. He commented on the similarities between the concerns of the residents off High Ridge Road and the residents surrounding the proposed project. He commented on the lack of parks in the northwest and southwest parts of the City Mayor Taylor closed the Public Audience. Developer's Rebuttal Michael Weiner had been listening carefully to the concerns of the residents. He pointed to the City's rules and regulations and the Staff Report, in which this project met each and every test put before it. Many of the residents' concems would be addressed at the time of site plan review. The developer would do whatever the State required in connection with the flora and fauna on the site. In terms of Knollwood Groves being a tourist attraction, Mr. Wiener wanted it known that leaving this area zoned Agricultural would have opened the door to a tomato patch, a hog farm, or a processing plant. For whatever reason, It was known that Knollwood Groves was going to be sold. This project represented the best opportunity the residents had to preserve some of the things the residents talked about on the site. He stated that there was almost 300 feet between houses in the development to the north and the proposed project. This was not likely to be found elsewhere. They had their house, their back yards, the canal, the canal maintenance easement, the canal itself, the l1D-foot right-at-way, and their setbacks - all between the proposed project and the homes to the north. The people to the south would be happy to abandon the easement. When the site plan comes through, if they have two-story homes they would adjust setbacks to make sure there is some privacy. In regard to traffic and schools, the project had met all the concurrency requirements for both traffic and schools. Mr. Weiner believed that a commercial property like Knollwood probably generated more traffic than the proposed 140 homes would in the future. Commissioner Ensfer asked if there were any specific polides about Knollwood Groves in the Comprehensive Plan, and Mr. Hudson responded that there were not. Mr. Hudson 33 Meeting Minutes City Commission February 1, 2004 Boynton Beach, Florida believed that Knollwood Groves was annexed after the Comprehensive Plan had been written. Commissioner Ensler noted that the requirements for setbacks were different for PUDS and Single Family Residential. He was concerned about the setbacks for the PUD, since there was no site plan, for the homes directly adjacent to the property. Mr. Hudson replied that under the PUD regulations, the setbacks must mirror the setbacks of adjacent developments. Commissioner Ensler asked if the developer could level the land with a clearing and grubbing permit before the Oty had an opportunity to review the trees and site plans, and so forth. Mike Rumpf stated that a clearing and grubbing permit could be requested and Issued prior to a development order being issued. It was not exempt, however, from Oty regulations. The City had tree preservation requirements and policies. There were County and State requirements about specIes of special concern and so forth. Those would be reviewed at the time they reviewed a request for a clearing and grubbing permit. The other permits for the site would follow the development order. Commissioner fnsler asked if they would be willing to withhold leveling of the land until there was full agreement on a site plan and the saving of trees. Mr. Weiner stated that it would not be necessary to wait until the site plan was approved. The clearing and grubbing permit requirements called for the developer to have the kinds of surveys that demonstrate that what they were allowed to take down what they were taking down. Commissioner Ensler asked Mr. Rumpf if he was comfortable that this process would protect the property. Mr. Rumpf responded that a process existed, although sites had been cleared in the past without the proper permits and reviews. This was a good discussion topic for a public hearing and a warning that there were tree preservation requirements and there could be spedes of special concern. Flora and fauna surveys may be required. Mr. Goldesitch said they had to do a tree survey, which identified the location and the size of the tree. Additionally, they have to note the quality of each tree. If there were a water oak tree, for example, they would give the diameter at breast height, the total height of the tree, and the quality on a scale of 1-5 in terms of its abitity to survive, even if left atone. Mr. Weiner put on the record that D. R. Horton was not a company that would clear land without permits. Mayor Taylor was certain that any of the Commissioners would be on the side of the residents in any dealings with the County pertaining to Miner Road. It was the Commission's job to speak for the people. Although County Commissioner NewelJ had this district, he was only one of seven Commissioners so the County Engineer had to be convinced first. 34 Meeting Minutes City Commission Boynton Beach, Florida FebrualV 1, 2004 In regard to the comments about keeping Knollwood Groves, Mayor Taylor stated that there was a contract for purchase on the table now, which means that the owners are willing to sell. It was not a matter of anyone trying to take anything away from the residents. He understood how people felt and he liked the Groves too. Mayor Taylor announced the first reading of Proposed Ordinance No. 05-011. City Attorney Cherof read Proposed Ordinance No. 05-011 by title only. Motion Commissioner Ferguson moved to approve Proposed Ordinance No. 05-011 (Amending Land Use Map from Agriculture to Low Density Residential). Commissioner McKoy seconded the motion. City Clerk Prainito called the roll. The motion passed 4-1, Vice Mayor McCray dissenting. Mayor Taylor announced the first reading of Proposed Ordinance No. 05-012. City Attorney Cherof read Proposed Ordinance No. 05-012 by title only. Motion Commissioner Ferguson moved to approve Proposed Ordinance No. 05-012 (Rezone from Agricultural to Planned Unit Development). Commissioner McKoy seconded the motion. City Clerk Prainito called the roll. The motion passed 4-1, Vice Mayor McCray dissenting. D. Project: Dr. Go Daycare Center (COUS OS-001) Agent: Dave Beasley Owner: Dr. Ka Hock Dy Go Location: Southeast corner of west Boynton Beach Boulevard and Knuth Road Description: Request Conditional Use/Major Site Plan Modification approval to allow conversion of 7,098 square feet of an existing 13,170 square foot office building for daycare use on a 2.037 acre parcel in a C-1 zoning district City Attorney Cherof swore in the people who planned to speak during this public hearing. Dave Beasley, 3570 Kitely Avenue, Boynton Beach, stated that the applicant agreed with all the conditions of approval. Dr. Ka Hock Dy Go came to the podium, but there were no questions. 35 XII. - LEGAL ITEM A.S 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 o ApriJ 5, 2005 March 14,2005 (Noon.) o June 7, 2005 May 16,2005 (Noon) o April 19,2005 April 4, 2005 (Noon) o June 21,2005 June 6, 2005 (Noon) o May 3, 2005 April 18, 2005 (Noon) o July 5, 2005 June 20, 2005 (Noon) l'8J May 17,2005 May 2,2005 (Noon) o July] 9,2005 July 5, 2005 (Noon) ç, :")=~ -----: -<.. --, 0 Administrative 0 Development Plans :.:-..:.::. ·<c-:::: ..,---..-, '-'1 ,., "-., NA TURE OF 0 Consent Agenda 0 New Business :-~.J .~.- CD Ï'.) . \~.-: AGENDA ITEM 0 l'8J ~<-..... .., ~~ Public Hearing Legal ',......,"¡ 0 0 --~-\ Bids Unfinished Business .,; C) - 0 Announcement 0 Presentation <2 -,-1 ;'_.';,.; ..~rT1 0 City Manager's Report r<) CÒ ";> ~C;'o '4" :.~ RECOMMENDATION: Please place this request on the May 17, 2005 City Commission Agenda under Legal, Ordinance - Second Reading. On February 1, 2005, the City Commission approved this item (including First Reading of the Ordinance) thereby transmitting the corresponding Land Use Amendment request to the Florida Department of Community Affairs (DCA). The corresponding item has been returned fiom the DCA so an items are now ready for fmal ordinance processing. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 05-022. EXPLANA TlON: PROJECT: KnoIlwood Groves (LUAR 05-001) AGENT: Chip Bryan, Julian Bryan & Associates, Inc. OWNER: Knol1wood Groves, Inc. LOCATION: 8053 Lawrence Road, west side of Lawrence Road at the intersection of Miner Road DESCRIPTION: Request to rezone from Agricultural (AG) to Planned United Development (PUD). Proposed use: Single-family residential community. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A AL TERNA TlVES: N/A iß,'tø~ Develo City Manager's Signature Director City Attorney / Finance / Human Resources onwood Groves PUDILUAR 05-001 \Agenda Item Request Knonwood Groves LUAR 05-001 rezone 2nd reading I 1 2 3 ORDINANCE NO. 05-0'~ 4 5 6 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, 7 FLORIDA, REGARDING THE APPLICATION OF DRHI, 8 INC., JULIAN BRYAN & ASSOCIATES, INC., ON 9 BEHALF OF KNOLL WOOD GROVES, INC., TO REZONE 10 A PARCEL OF LAND, AMENDING ORDINANCE 02-013 11 TO REZONE A PARCEL OF LAND ON THE 12 SOUTHWEST CORNER OF THE INTERSECTION OF 13 LA\VRENCE ROAD AND THE LWDD L-20 CANAL 14 (APPROXIMATELY 1 MILE SOUTH OF HYPOLUXO 15 ROAD) FROM AGRICULTURAl.. (AG) TO PLANNED 16 UNIT DEVELOPMENT (PUD); PROVIDING FOR 17 CONFLICTS, SEVERABILITY, AND AN EFFECTIVE 18 DATE. 19 20 21 WHEREAS, the City Commission of the City of Boynton Beach, Florida has 22 adopted Ordinance No. 02-013, in which a Revised Zoning Map was adopted for said 23 City; and 24 WHEREAS, Knollwood Groves, Inc., owner of the property located on the 25 Southwest comer of the intersection of Lawrence Road and the L WDD L-20 Canal 26 (approximately 1 mile south of Hypoluxo Road) in Boynton Beach, Florida, as more 27 particularly described hereinafter, has heretofore filed a Petition, through its agent, DRHI, 28 Inc.. and Julian Bryan & Associates, Inc., pursuant to Section 9 of Appendix A-Zoning, 29 of the Code of Ordinances, City of Boynton Beach, Florida, for the purpose of rezoning a 30 parcel of land, said land being more particularly described hereinafter, from Agricultural 31 (AG) to Planned Unit Development (PUD); and 32 WHEREAS, the City Commission conducted a public hearing and heard S:\CA\Ordinances\Planning\Rezoning\Rezoning - Knollwood.doc 1 testimony and received evidence which the Commission finds supports a rezoning for the 2 property hereinafter described; and 3 WHEREAS, the City Commission, acting in its dual capacity as Local Planning 4 Agency and City Commission has found that the proposed rezoning is consistent with an 5 amendment to the Land Use which was contemporaneously considered and approved at 6 the public hearing heretofore referenced; and 7 WHEREAS, the City Commission deems it in the best interests of the inhabitants 8 of said City to amend the aforesaid Revised Zoning Map as hereinafter set forth. 9 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION 10 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 11 Section I. The foregoing Whereas clauses are true and correct and incorporated 12 herein by this reference. 13 Section 2. The following described land, located on the Southwest corner of 14 the intersection of Lawrence Road and the LWDD L-20 Canal (approximately I mile 15 south of Hypoluxo Road) in the City of Boynton Beach, Florida, as set forth as follows: 16 The North one-half of the Northeast one-quarter of the northeast one- 17 quarter, and the northeast one-quarter of the Northwest one-quarter of the 18 northeast one-quarter of Section 13, Township 45 south, range 42 east, 19 Palm Beach County, Florida. 20 21 Less and Except 22 23 The North 40.00 feet thereof and the East 40.00 feet of said north one- 24 half of the Northeast one-quarter of the northeast one-quarter. Said lands 25 situate in the city of Boynton Beach, Palm Beach County, Florida, and 26 contain 30.683 acres, more or less. 27 28 29 be and the same is hereby rezoned from Agricultural (AG) to Planned Unit Development S:\CA \Ordinances\Planning\Rezoning\Rezoning - KnoIlwood.doc 1 (PUD). A location map is attached hereto as Exhibit "A" and made a part of this Ordinance by I 2 reference. 3 Section 3. That the aforesaid Revised Zoning Map of the City shaH be amended 4 accordingly. 5 Section 4. All ordinances or parts of ordinances in conflict herewith are hereby 6 repealed. 7 Section 5. Should any section or provision of this Ordinance or any portion thereof be 8 declared by a court of competent jurisdiction to be invalid, such decision shall not affect the 9 remainder of this Ordinance. 10 Section 6. This ordinance shaH become effective immediately upon passage. 11 FIRST READING this ~ day of F~ b rUQ..r '(-' 2005. 12 SECOND, FINAL READING and PASSAGE this ~_ day of ,2005. 13 CITY OF BOYNTON BEACH, FLORIDA 14 15 16 Mayor 17 18 19 Vice Mayor 20 21 22 Commissioner 23 24 25 Commissioner 26 27 28 ATTEST: Commissioner 29 30 31 City Clerk 32 33 (Corporate Seal) S:\CA \Ordinances\Planning\Rezoning\Rezoning - Kno1lwood.doc ~"~""~~_~_,~,,,,.,-c,,,,.,.,.~,,,~,._ Exhibit A Knollwood Groves PUD LUAR 05-001 (!) 1,100 550 0 1.100 Feet N Â ---'-'~---~'-----. . . ._---_......._.~..__.__..~..._---- --...., -----.'------. DEVELOPMENT DEPARTMENT PLANNING&. ZONING DIVISION MEMORANDUM NO. PZ 05-022 TO: Chair and Members Planning and Development Board and Mayor a~mlSSlon FROM: Dick Huds , CP Senior Planner THROUGH: Michael W. Rumpf Director of Planning and Zoning DATE: January 12, 2005 PROJECT NAME/NUMBER: Knollwood Groves PUD/LUAR 05-001 REQUEST: Amend the future land use designation from Agriculture (A) to Low Density Residential and rezone from AG Agricultural to PUD Planned Unit Development PROJECT DESCRIPTION Property Owner: Knollwood Groves, Inc. Applicant! Agent: DRHI, Inc./Julian Bryan & Associates, Inc. Location: Southwest corner of the intersection of Lawrence Road and the LWDD L-20 Canal (Approximately 1 mile south of Hypoluxo Road) (Exhibit "A") Parcel Size: ±30.683 acres Existing Land Use: Agriculture (A) Existing Zoning: AG Agricultural Proposed Land Use: Low Density Residential (LDR) Proposed Zoning: PUD Planned Unit Development Proposed Use: 145 single-family homes Adjacent Uses: North: Right-of-way of the LWDD L-20 Canal then single family residential development (Manor Forest) designated Low Density Page 2 File Number: LUAR 05-001 Knollwood Groves PUD Residential and zoned PUD Planned Unit Development South: To the southeast, developed single family residential (Nautica) designated Low Density Residential and zoned PUD Planned Unit Development. To the southwest, vacant land in unincorporated Palm Beach County designated MR-5 Single Family Residential (5 du/ac) and zoned AR-Agricu/tural Residential East: Right-of-way of Lawrence Road then single family residential development (Citrus Glen) designated Low Density Residential and zoned PUD Planned Unit Development West: To the northwest, vacant land in unincorporated Palm Beach County designated MR-5 Single Family Residential (5 du/ac) and zoned AR-Agricultural Residential. To the southwest, single family residential development (Sunset Cay) also located in unincorporated Palm Beach County, designated RTU Residential Transitional Urban district. EXECUnvE SUMMARY Staff recommends approval of the requested land use amendment and rezoning for the following reasons: 1. The requested land use amendment is consistent with the City's adopted Comprehensive Plan, including the requirements for concurrency; 2. The requested land use and zoning are consistent with surrounding development; however, 3. While the proposed Master Plan meets the minimum requirements of the code, there are several issues that must be worked out with the County; therefore, 4. Staff would require that a final Master Plan, to be approved prior to final adoption of the rezoning, will address the issues of right-of-way width for the continuation of Miner Road and the provision of access and utility connections for an adjacent isolated parcel to the southwest, lying in the unincorporated area. PROJECT ANALYSIS The parcels, which are the subject of this land use amendment, total ±30.683 acres. Because of the size of the property under consideration, the Aorida Department of Community Affairs dasslfies this amendment as a "large-scale" amendment. following local board review and Oty Commission public hearing, a "large-scale" amendment Is transmitted to the Florida Department of Community Affairs (DCA) for review for compliance with the state, regional and local comprehensive plans prior to adopt/on. follOWing the review Period of approximately 60 days, DCA Provides the oty with a report of their findings In an "ObJections, Recommendations and Comments (ORC) Report". The Oty then has 60 days to either (1) adopt the amendment as transmitted, (2) adopt the amendment with changes In response to the ORC report, or (3) Page 3 File Number: LUAR 05-001 Knollwood Groves PUD determine not to adopt the amendment and inform DCA of that decision. According to Florida Statutes Chapter 163, large-scale amendments may only be adopted during two amendment cycles each calendar year. This request is part of cycle 1 for calendar year 2005. Master Plan Requirements The regulations for the Planned Unit Development zoning district require that a master plan, including multi-year phases be submitted and reviewed for approval at the time of rezoning to PUD. The Master Plan accompanying the application is preliminary only. There are several issues to be resolved before a final Master Plan can be approved, which will occur prior to final adoption of the land use amendment and rezoning. The primary issues involve with Palm Beach County's requirement for right-of-way dedication for the continuation of Miner Road westward to Military Trail. Currently, Minor Road stops at Lawrence Road; however, the County's Long-Range Transportation Improvement Plan calls for a right-of-way of 110 feet along the north boundary of the property, while the Master Plan shows a dedication of only 80 feet. The requested dedication would not align with the improved portion of the roadway. Both the proposed right- of-way width and alignment are under discussion with the County. These issues must be settled prior to submittal of the revised Master Plan. Currently, the Master Plan shows one entrance off Miner Road. A 25-foot wide landscape buffer separates the residential lots from Minor Road and la-foot landscape buffer easements are provided on the other three sides of the development. A lake/water management tract of 5.37 acres is located along Lawrence Road, and a 0.69-acre recreation area is centered on the entrance and double loop roads, which are shown with 40-foot right-of-way widths that provide circulation through the development. Individual lots are not shown but are noted as having a typical size of 45 feet by 107 feet. The preliminary master plan included with the application, meets only the minimum criteria for submittal, and will be revised and reviewed again prior to adoption for details such as setbacks, preliminary drainage plans and specific consistency with adjacent planned developments. Staff has identified a potentially landlocked parcel in the unincorporated area abutting the subject property to the southwest. The County is requesting that the proposed development provide a 50-foot access easement and utility connections to the landlocked parcel. These provisions should be a condition of zoning approval. Review Based on Criteria The criteria used to review Comprehensive Plan amendments and rezonings are listed in the Land Development Regulations, Chapter 2, Section 9, Administration and Enforcement, Item C. Comprehensive Plan Amendments: Rezonings. These criteria are required to be part of a staff analysis when the proposed change includes an amendment to the Comprehensive Plan Future Land Use Map. a. Whether the proposed rezoning wou/d be consistent with applicab/e comprehensive plan policies including but not limited to/ a prohibition against any increase in dwelling unit density exceeding 50 in the hurricane evacuation zone without written approval of the Palm Beach County Emergency Planning Division and the City's risk Page 4 File Number: LUAR 05-001 Knollwood Groves PUD manager. "fl1e p/anning department sha// a/so recommend /imitations or requirements, which would have to be imposed on subsequent development of the property, in order to comply with policies contained in the comprehensive plan. The subject property is not located in the hurricane evacuation zone, therefore the referenced policy is not applicable; however, other applicable objectives and policies contained in the comprehensive plan include: "Policy 1.17.5 7ñe City shall continue to maintain and improve the character of existing single-family and lower-density neighborhoods, by preventing conversions to higher densities, except when consistent with adjacent land uses, or with implementing redevelopment plans including the Boynton Beach 20/20 Redevelopment Master Plan. Policy 1.19.1 7ñe City shall continue efforts to encourage a full range of housing choices, by allowing densities which can accommodate the approximate number and type of dwellings for which the demand has been projected in the Housing and Future Land Use Elements" The subject property is located outside the area of the City covered by the Bovnton Beach 20/20 Redevelopment Master Plan; however, the proposed development is similar in density and type of development to the developments surrounding it. Therefore it is consistent with the directions of Policy 1.17.5. The provision of single family homes, as proposed on this site, offsets the recent trend in the City to develop multi-family projects and townhouses, thereby increasing the range of housing choices available to the market, and providing consistency with Policy 1.19.1. b. Whether the proposed rezoning would be contrary to the established land use pattern, or would create an isolated district unrelated to adjacent and nearby districts, or would constitute a grant of special privi/ege to an individual property owner as contrasted with the protection of the public welfare. The proposed rezoning would not create an isolated district, but would relate to the adjacent developments surrounding the site. c. Whether changed or changing conditions make the proposed rezoning desirable. It is unfortunate that this is the last agricultural parcel left in the City and has been viewed as somewhat of an institution; however, the costs of agricultural production and the fluctuating market conditions, have taken their toll on small grove operations throughout the state. The proposed land use amendment and rezoning are the minimum changes to the property, and are consistent with surrounding land uses and zonings, both in the City and the adjacent unincorporated area. d. Whether the proposed use would be compatible with utility systems, roadways, and other public facilities. Page 5 File Number: LUAR 05-001 Knollwood Groves PUD 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 demand is expected to be 72,600 gallons for water and 32,670 GPCD for sewer service based on an average of 2.5 persons-per- household and 145 houses in the development. The City's utility plants currently have unreserved capacity to serve the projected demands of the proposed project. Traffic analysis prepared by the applicant's consultants, shows that the proposed land use designation is consistent with the Transportation Element of the Palm Beach County Comprehensive Plan. The County Engineer has stated that the Traffic Division has no objections to the proposed change in land use. 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 la-year planning period. The School District of Palm Beach County has reviewed the application and has determined that adequate capacity exists to accommodate the resident population. Lastly, drainage will also be reviewed in detail as part of the review of the conditional use application, and must satisfy all requirements of the city and local drainage permitting authorities. e. Whether the proposed rezoning would be compatible with the current and future use of adjacent and nearby properties, or would affect the property values of adjacent or nearby properties. The compatibility of the requested land use designation and rezoning has been discussed above. With the requested land use amendment, the property becomes more compatible with adjacent properties but would probably have a value-neutral effect on adjacent properties. f. Whether the property is physically and economically developable under the existing zoning. The property is currently in use as an agribusiness and has been for many years. It could continue as such, and the site could also be developed with one accessory residence. The pressures currently affecting agribusiness are briefly discussed above; therefore, it may not be economically feasible for the property to continue under this use. g. Whether the proposed rezoning is of a scale which is reasonably related to the needs of the neighborhood and the city as a who/e. The size of the subject parcel will afford a development similar in nature to surrounding residential development and will contribute to the range of housing opportunities available in the City. h. Whether there are adequate sites e/sewhere in the city for the proposed use, in districts where such use is already allowed. This is one of the last parcels of such size left in the city that could be developed for single family detached residences. Only one other parcel of sImilar size, the property surrounding the High Ridge Country Club, is designated for low density residential development. Page 6 File Number: LUAR 05-001 Knollwood Groves PUD CONCLUSIONS/RECOMMENDATION5 As indicated herein, this request is consistent with the intent of the Comprehensive Plan; will not create additional impacts on infrastructure that cannot be accommodated by the City at present; will be compatible with adjacent land uses and will contribute to the overall economic development of the City. While the proposed Master Plan meets the minimum requirements of the code, there are several issues that must be resolved with the County; therefore, staff would require that a final Master Plan, to be approved prior to final adoption of the rezoning, must address the issues of right-of-way width for the continuation of Miner Road and the provision of access and utility connections for the parcel to the southwest, lying in the unincorporated area. If the Planning and Development Board or the Oty Commission recommends conditions, they will be included within Exhibit "B". ATTACHMENTS S:\Plannlng\SHARED\WP\PROJECT5\KnOUwOOd Groves PUD\LUAR OS-QOl\STAFF REPORT Knollwood PUD.doc Exhibit A Knollwood Groves PUD LUAR 05-001 J..1J.JY -1= I- I( ~ Hit 1= f::tj/E / 'r h 'U/ 1lÆ::fí: , ¡- t ndJ 7 R. ~ [7\ .-r L.-, f--- (.1 J:::j ¡:: IF -i >Øf.. I ---¡ h ~ TJ1r- ~ lr ~ m \~ I I I 1 I I " II' ~ f"\ r II ~ ~ ^ 111111111 /~ I)~ ;;¡ -vlf D' - -;;~ ':f - \I 1\ 1----- I- - ~ ~ I-::¡.--.- '- COL -1 1.LIo1I!~ "\ ~ r:: "'':: i} 1= =y-- \ . "- :àfãllê !~,~ tJ i ~ l:: \ ~~ ~Ff- Iff' TIfflTIG fitB1ltttft ~ q .. -ií ~'<ft If#H- ~ '= It=: .1fI1~1 T - '-kP TIIi~ t:= /= /\3 ~ ~~ L- , I .w: m I- t: ::¡ ~ ¡.:jJ! w ~ &' rT illll II ~ :::::J 1= t= tt1 "'" I I SHERATON .OANZA Ë g" b '<dlJJW~~" T ...... q ¿ KENSKILL KIRKWOOD ~ I 1111. II-- V E."oE." HALLMARK c"p.\.\. 53 f- 1111 I-- !:: ~ ._L W -=-=- .11 -1 ;::, NEW ",0011 ::Ii ~ ~A ~III ~ ~ AROS PATRICIAN I f= OTH 1;19 I ,[ ITllTl I ì ._ ._ ._ ._ ._ ._ ._.J ~ / W..-'.II~ ~ ~~ ~"i ~Y/.bL il1lf¡.I.I ll\ll J I~) ~ ~ ~1~12 = ,I II III ~ ~/ ~~ '11111 .,/~ - Ñ - T>- EN 1lF:: ~-' ./~ -,M jI;'--/ft \ ' v ~ ~ r T:= \ II /111111 = ì~ ~ \. I- ~ W / I""" he IIII~~ t.& T ~ ~ I- ï\n~W 11-11 ~ ;1'/ (\~ i.ç.: ~ ~~HER I '\ I ~ 1/ 1 T / "- r::;, I ~ ,~ -~~ 1\ .L..I.I I --" : ,........;.;.;~TIf£I¡:::: .z.. 1= I- IUJ..J. /' f-----4 - !- I- UV r-- ~ - Y1 LENCIA,) ITIII \:: ~ ~ :'.:: IT I \11 I 1-1- ~ I- ,/ " ,,~ SUN TOP 1-_ nRt- I 'll'l ~ ,:;;;; '{\\) r-- t- SUN TREE f::: r- ,y - l- t::: 1/::: I-- ~~!:=::: SUN II V r I ITTIIIOTII I " ~II""-H.I~ _____ ,-- "..-. I' ~IIIII '/ r ~ II 1\111 ,IT ) ~crTTTI'i 1111111111:- D 1= z !2 II V)TTT111 I ITII "';¡j I ~, 2 ;:) ..Á L_I~ N 1,100 550 0 1,100 Feet A XII. - LEGAL ITEM A.6 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 o April 5, 2005 March 14,2005 (Noon.) 0 June 7, 2005 May 16,2005 (Noon) o April 19,2005 April 4, 2005 (Noon) 0 June 21,2005 June 6, 2005 (Noon) o May 3, 2005 Apri] ]8,2005 (Noon) 0 July 5, 2005 June 20, 2005 (Noon) [8J May 17, 2005 May 2,2005 (Noon) 0 July 19,2005 July 5, 2005 (Noon) o Administrative 0 Development Plans NATURE OF 0 Consent Agenda 0 New Business AGENDA ITEM 0 Public Hearing [8J Legal o Bids 0 UnfInished Business o Announcement 0 Presentation o City Manager's Report RECOMMENDATION: Please place this request on the May l7, 2005 City Commission Agenda under Legal, Ordinance - Second Reading. The City Commission/Local Planning Agency held its fIrst of two public hearings on this item on May 3,2005. For further details pertaining to this' request, see attached Department of Development Memorandum No. PZ 05-035. EXPLANATION: PROJECT: Carwash in M-1 (CDRV 05-001) AGENT: Michael Weiner, Weiner & Associates LOCATION: Industrial (M-l) Zoning District DESCRIPTION: Request for an amendment to the Land Development Regulations, Chapter 2. Zoning, Section 8.AA. M-l Industrial District, to aUow carwashes as a conditional use. PROGRAM IMPACT: FISCAL IMPACT: ALTERNATIVES' ~ ¡ (4-^ø--\ . ity Monag",', Signa"'" anning and Zo ector City Attorney / Finance / Human Resources S:\P]anning\SHARED\WP\SPECPRO CODE REVIEW\CDRY 05-001 Carwashes in M-I\Agenda Item Request Carwash in M-I CDRY 05-001 2nd reading 5-17 -05.dot S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC I 1 2 3 4 5 ORDINANCE NO. 05- "Î , i I 6 I I 7 AN ORDINANCE OF THE CITY COMMISSION 8 OF THE CITY OF BOYNTON BEACH, FLORIDA, 9 AMENDING THE LAND DEVELOPMENT 10 REGULA TIONS, CHAPTER 2., SECTION 8 A. 4. 11 TO ALLOW A CARW ASH AS A CONDITIONAL 12 USE IN THE M-l ZONING DISTRICT; 13 PROVIDING FOR CONFLICTS, SEVERABILITY, 14 CODIFICATION AND AN EFFECTIVE DATE. 15 I 16 WHEREAS, the City's land development code identifies specific uses of commercial 17 ctivity and fits those uses into established zoning districts consistent with the City's zoning 18 Ian; and 19 WHEREAS, from time to time, commercial uses not specifically identified as being 20 ermitted, conditional1y permitted, or prohibited in any zoning district emerge which cannot 21 ow be considered for approval; and 22 \VHEREAS, the City commission desires to identify a previously undefined 23 ommercial uses as a conditional use in the M-1 Zoning District. 24 \VHEREAS, prior to adoption, the Commission will conduct two (2) public hearings 25 s required by § 166.041 (2)( c), Florida Statutes, as this ordinance changes the list of uses in 26 he M-l zoning district. 27 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 28 HE CITY OF BOYNTON BEACH, THAT: I 29 Section 1. Each Whereas clause set forth above is true and correct and herein 30 ncorporated by this reference. 31 Section 2. That Chapter 2. Section 8 A 4 of the LDR is hereby amended by 32 reating a new subsection A 4.(g), as follows: 33 {g}, Carwashes. I 34 Section J, Each and every other provision of Chapter 2, Section 8 AA. of the 35 and Development Regulations, not herein specifically amended shall remain in full force 36 nd effect as previously enacted. 37 Section 4. All ordinances or parts of ordinances in conflict herewith be and the 38 ame are hereby repealed. :\CA\Ordìnances\PJannìng\Condìtional Use Amendment M-I 041105.doc 1 Section 5. Should any section or provision of this ordinance or portion hereof, 2 any paragraph, sentence or word be declared by a court of competent jurisdiction to be 3 invalid, such decision shaH not affect the remainder of this ordinance. 4 Section 6. Authority is hereby granted to codify said ordinance. 5 Section 7. This ordinance shaH become effective immediately upon passage. 6 FIRST READING this ~ day of ~,.. i I , 2005. 7 8 SECOND, FINAL READING AND PASSAGE this day of , 9 005. 10 CITY OF BOYNTON BEACH, FLORIDA 11 12 13 Mayor 14 15 16 Vice Mayor 17 18 19 Commissioner 20 21 22 TTEST: Commissioner 23 24 25 ity Clerk Commissioner 26 27 CORPORA TE SEAL) 28 29 30 31 :\CA \Ordinances\Planning\Conditional Use Amendment M- I 04 I 10S.doc DEVELOPMENT DEPARTMENT PlANNING AND ZONING DMSION MEMORANDUM NO. PZ 05-035 TO: Chairman and Members Planning and Development Board THROUGH: ~~'V Michael W. Rumpf Director of Planning and Zoning FROM: Eric Lee Johnson, AICP 11 Planner DATE: February 17, 2005 SUBJECT: CODE REVIEW I CDRV 05-001 Allowing carwash fadlltfes as conditional uses In the M-l zoning district. HAnJRE OF REOUEST Mr. Michael S. Weiner Is requesting that car wash uses be added to the list of conditional uses in the M-1 Indusb1al zoning district. Specifically, the applicant Is requesting that the code be modified to allow these uses In the M-l zoning djstr1ct west of Interstate 95, such as Congress Avenue. As proposed by the applicant, this code amendment would modify Chapter 2, Zoning, Section 8.A.4 to Include the following: "(ç) Carwashes, provided the use Is located alon/;I a matar arterial roadwav located west of Interstate 95, such as Conoress Avenue. " BACKGROUND The Clt.ýs Occupational Ucense section categorizes car washes Into multiple categories unlike the North Amencan Industry aasslflcatlon System (1997), which was fonnet1y the Standard industrial Oassiflcatfon Manual (1987). Both federal publications group such establishments Into one (1) category, namely "Carwashes". However, according to the Occupational Ucense section, the Oty Issues licenses for the following three (3) categories: #811190 Auto Detailing I Washing (22 licenses) #811193 Carwashes Coin Operated (4 licenses) #811194 Full Service CalWash (5 licenses) This year, the Cty currently licensed a total of 31 businesses that are conslder:-ed to be a car wash type of use. Accor.dlng to the NAICS, "carwashes" Is the Industry where businesses are engaged In cleaning, washing, and I or waxing automotive vehldes, such as passenger cars, trucks, vans, and trailers. The Intent of the subject code amendment request Is to allow the construction of a full service car wash on a vacant property zoned M-1. There are five (5) licensed full service carwashes In the city. They are located In properties zoned Community Commetdal (C-3) and Planned Commercial Development (PCD). Page 2 CORV 05-001 ANAL YSrs full seMce car washes are currently allowed as penntted uses In the C-3 and PCD zoning dlSb1cls. further, car washes are aa:essory uses to gasolIne dispensing establishments which are COndftO/al uses In the NeIghborhood CommercJa/ (C-2) zoning dlslr1ct. However, car washes (of any kind) are currently not permitted In the M-l zoning dlstrfct. staff has had several meetings WIth the apPlicant and I or their dlent to dIscuss the possbIIty of COI1StIuc:llng a full service car wash on a vacant parœl In the M-l zoning dlstrfct. The applicant submitted skett:hes showing the cont!guralfon of a car wash fadllty, Indudlng the drive aIsles and parking areas. The applicant dId not provIde any written Justlflcalfon for the SUbject COde amendment However, In todaýs convenience dIfven rnarfœt, many COmpanies CJperalfng as full service car washes desire Iocalfons along major arterlals for the added expOsure and convenIence. The property, eannarked for the full servfce car wash, Is Spedflcalfy Iocatod wfthln the M-l zoning dlstrfct along a major road (Congress Avenue). Congress Avenue Is dasslfled as a Principal Arterial as defined by the Oty's ComprehensIve Plan. Generally, heavy commercial and IndUSlrfal uses are conso/ldatod In areas that are Isolated from commercta/ nodes and PUblfc view. These actfvftIes WOUld normally oa:ur within the dty's Industrfal zoning dIsb1cts. The SUbject site, however, Is located withIn an area that has h/storfcaly been a large, COIISOIIdatod, and compact Industrial "dlstrfct" of the city. The "district" was the focus of a comprehensive study (The South Congress Avenue Industrial Conidor study) that was completed In 2002 to evaluate the existing Industrial uses and their vftallty. South Conønace Avenue Study The Study area contaIned a homogenous mixture of Industrial uses. The major sectors were Cbnstructton- M;¡nuta~ Wholesale Tfðde, Tfðl1Spo¡taUon & Warehousing, and Petsonal & Prol'esslonal Set>fœs sectors, which accounted for over 88% of all the licenses Issued. The study _led that there were 204 occupational If tenses Issued for the area. Out of the 204 Øœnses, 61 licenses or nearly 30% of them were Issued for busfnesses located along O>ngress Avenue. Interestingly, over 66% of the 8censes Issued WIthin the Reå1U 7i'ade category were for businesses located along Congress Avenue. However, the number of bUSInesses engaged In R8!:aU Trade 'n general was 'nslgnlficant Wlth'n the enUre study area. Some of the study's flna' recommendaUons that are et'rnane to tf1/s COde review request inclUded the follOWIng: 1. Desaibe Comprehensfve Plan Amendment to acqu're PID standards. Staff recommends slTengthenng and darff'yfng the language In the Comprehensive Plan regarding the PlD zonfng district. By reqUIring the parœ/s over lS aaas In area to rezone to Pro, retail uses WOUld be aOCOll1lnodIltod In which, the Mol Zoning district would not ordInarf/y allow. ThIs atlrfbUb! of the pro zoning cIfsb1ct WOUld allow for flexibility, which In tum would aId In future development contrfbUUng to the economic base of the CIty; 2. Desfgn standards for M-l / PID uses abutting. maJor arterials; and 3. Ust pennltted uses (for use apProval) In the PID. It should be noted that soon after the study was completed, two (2) large Irads of vacant land were rezoned to aJIow for townhouses - a non-lndustrfa use. These events eIImlnatod the need to I1!I1sIt all lIIt·one of the above-cIesa1bed recornmencIatIo namely desIgf1 standards 8Ipropr1aIe for PRIPeI1Ies ... the M-l ZOI1/ng district that filII1t on ~ COI11doIs SUd1as Congress Avenue. Page 3 WRV 05-001 ê-uto desl,n and parkl.ng The general Intent and purpose of the C-4 and M-l zoning dlsb1cts Is to provide adequate space for more Intense commerdal and Industrial uses. Therefore, automotive uses within these districts are relegated to those aforementioned areas that are heavy commercial or Industrial In nature. Accordingly, the Intention Is to separate these sites from less-Intense commercial activity and residential neighborhoods. Staff has acknowledged that historically, many properties In the C-4 and M-l zoning districts were designed and approved for heavy commercial and Industrial uses with lower parking requirements than their commercial counterparts. However, these older sites have been converted for automotive-Intensive uses that possess higher off-street parking demands. The problem arises In situations when the automotive uses become busier; the demand for extra parking spaces becomes more apparent. In the case of auto repair shops, the parking space dilemma starts with the accumulation of vehldes (either waiting to be serviced or retrieved by the owners) and the lack of excess or overflow parking spaces. However, with the exception of llre Kingdom at 3030 South Congress Avenue, these older, heavy commercial and Industrial sites are typically hidden and unseen from the major arterials. Retrofitting existing sites for more parklng-lntenslve uses becomes problematic. The Land Development Regulations do not specifically address the parking requirements for automated car wash fadlltfes. According to code, however, In no case shall less than four (4) outside parking spaces be provided for any non-resldentlal use. The parking requirements for car washes will be revisited by staff during the re-wrlte of the land Development Regulations. Pennltted and Conditional Uses As previously mentioned, automotive uses are allowed In the M-l zoning dlsbict. According to the NAtCS, there are a wide range of business activities within the category of "automotive use". For example, gasoline dispensing establishments, auto retail store, and car washes are permitted uses In the C-2, C-3, C-4, and PCD zoning districts but would be Inappropriate for Isolated Industrialized areas. These types of establishments flourish In more commerdallzed, heavy traffic, and highly-visible areas. Ukewlse, It Is very common to have a stand-alone car wash as a subordinate use (accessory use) to a gasoline dispensing establishment (principle use). As previously stated, gasoline dispensing establishments are generally located on major roads with high visibility. It should be noted that these gas stations are not permitted by right but are approved as condltfonal uses. COnditional uses are those uses that are deemed In appropriate generally, or without restriction, throughout a zoning dasslflcatlon or dlsb1ct. COnditional uses require public hearings and are evaluated on a separate set of development standards. staff reviews each request on a case-by-case basis, ensuring that they satisfactorily meet all 13 standards for evaluating condltfonal uses. Any parking Issues can be reviewed and addressed during the conditional use I site plan review process. The conditional use process will allow for appropriate review for site capacity, particularly when Indusb1al to commercial conversions are being requested. This case-by-case review Is appropriate for a car wash project given the lack of specific site standards In the code, potentially Intense drculatlon characteristics, potential Impacts upon adjacent residential neighborhoods, and design objectives appropriate for uses proposed along major roadways. SUMMARY I RECOMMENDAnON A car wash Is a typical accessory use to a gas staUOn. Both car washes and gas stations are highly. commercial In nature, but are stili dasslfled as an automotive use. Commercial activities nonnally sucx:eed on sites that offer a high degree of visibility. The subject request to alow œrwashes In the M-1 zoning dlsb1ct can be Justified by the fact that Congress Avenue Is a major con1c1or with a high volume of traffic and Its high visibility would Inherently attract the commercial user. The Land Page 4 CDRV05-001 Development Regulations require gas staUons to be located at Intersecuons along m*r thoroughfares. Therefore, It would be reasonable to allow a car wash to be locaœd In the M-l zonlng dIstr1ct along a major II1oroughfare. Staff Is In favor of this request, In part, because the subject property (as Identified by the appncant) Is vacant. All parking Issues would be Immediately planned for and addressed during the site plan review process; the site would not have to be retrofitted to accommodate said use. Staff recommends approval of the request to allow car washes In the M-1 zoning district as conditional uses but only with the amended language prepared by staff to provide additional safeguards In Implementing thIs amendment: (M-1 zoning district) Chapter 2, Section 8.A.4.a. Car Wash (Automatic or Self Servlce)* Furthermore, staff recommends allowing car washes as condItional uses rather than permitted uses In the zoning dlslJ1cts where they are CUlTenUy allowed as penn/tœd uses (C-3 and C-4 zoning district). In addItion, the following changes are proposed to provfde consistency between the 1Iautomoblfe wash establishment" headIng withIn the use list and the current definition of car washes found In Chapter 1.Artfde D.Definltlons. The modIfications are Proposed as follows: (C-3 zoning dlsbict) Chapter 2, Sectfon 6.C.z. AutomebJle wash establishments Car Wash (Automatic or Self Service )* (C-4 zonIng disbict) Chapter 2, SectIon 6.0.1.e. A<ItomÐblle wash establlshmcnt Car Wash (Automatic or Self Servl.œ)' The language proposed by staff recognIzes the market demand, while at the same time preserves the performance and desIgn of the dty's shopping centers, the health of heavy commercial Ilndustrfal ZOnIng dIstricts, as well as resldentlally-zonecl propertfes. By Initiating the conditional use requirement, Individual sites can be reviewed for optimum layout, buffering, and operation In order to maXImize compatlbfUty with the surrounding area. Furthermore, saId projects can be reviewed for aesthetic design where visible from m*, public rights-of-way. The amended language proPØSed by staff would also help to further separate Incompatible land uses. Exhibits MR/elj S:\PIannlng\SHARED\WP\SPECPROJ\OODE REVlEW\C'DRV 05-001 Carwashes In M-l\Staff Report.doc XII. - LEGAL ITEM A.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 o AprilS, 2005 March 14,2005 (Noon.) o June 7, 2005 May 16,2005 (Noon) o April 19, 2005 April 4, 2005 (Noon) o June 21,2005 June 6, 2005 (Noon) o May 3, 2005 April 18,2005 (Noon) o JuJy 5, 2005 June 20, 2005 (Noon) [8J May 17,2005 May 2, 2005 (Noon) o July J 9,2005 JuJy 5, 2005 (Noon) 0 Administrative 0 Development Plans NATURE OF 0 Consent Agenda 0 New Business AGENDA ITEM 0 Public Hearing [8J Legal 0 Bids 0 Unfinished Business 0 Announcement 0 Presentation 0 City Manager's Report RECOMMENDATION: Please place this request on the May 17, 2005, City Conunission Agenda under Legal, Ordinances-Second Reading. The City Conunission approved this under First Reading on May 3,2005. Staff recommends that pursuant to the requirements of Chapter 163 .3177(6)( a), Florida Statutes, the Conunission adopt by ordinance the Comprehensive Plan Future Land Use Map in Geographic Information System (GIS) fonnat. EXPLANATION: The subject ordinance has been generated in response to the conversion of the Comprehensive Plan Future Land Use Map to GIS. Until now, the Comprehensive Plan Future Land Use Map has been maintained on mylar, through manual graphics means. The GIS conversion, in part wiU facilitate the availability of accurate land use information to aU departments with GIS access, wi]] contribute to the City's "e-govemment" service system, and aUow for quicker automated updating of the map. PROJECT NAME: Comprehensive Plan Future Land Use Map on GIS PROGRAM IMP ACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A k - Develop City Manager's Signature ¡¿}an~~m City Attorney / Finance / Human Resources S:\Planning\SHARED\WP\SPECPROJ\FUTURE LAND USE MAP-GIS\Agenda Item Request _ May 17, 2005.dot 1 ORDINANCE NO. 05- o~5 I ! 2 3 AN ORDINANCE OF THE CITY COMMISSION OF THE 4 CITY OF BOYNTON BEACH, FLORIDA ADOPTING 5 THE FUTURE LAND USE MAP IN GEOGRAPHIC 6 INFORMATION SYSTEM (GIS) FORMAT AS A PART 7 OF THE CITY OF BOYNTON BEACH 8 COMPREHENSIVE PLAN; PROVIDING FOR 9 CONFLICTS, SEVERABILITY AND AN EFFECTIVE 10 DATE. 11 12 WHEREAS, staff has developed a GIS system that is being implemented within the 13 City, which conversion will, in part, facihtate the availability of accurate land use information 14 to all departments with GIS access; and 15 \VHEREAS, staff recommends adoption of this Ordinance to approve the conversion 16 of the Future Land Use Map to a Geographic Information System (GIS) format; 17 NO\V THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 18 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 19 Section 1. The foregoing whereas clauses are true and correct and are now ratified 20 and confirmed by the City Commission. 21 Section 2. FUTURE LAND USE MAP: 22 A. Adoption. The designation boundaries hereinafter set forth and 23 delineated on the future land use map, including all explanatory matter thereon, 24 is hereby adopted. The future land use map shall be maintained as a digital 25 format GIS document. The most recent version of the land use map shall be 26 kept on file, in printed form, in the office of the City Clerk. 27 28 B. Updates. The City Commission may amend the future land use map 29 from time to time by ordinance. The revision dates and ordinance numbers 30 shall be maintained in a separate data file in the office of the City Clerk. 31 32 Section 3. All laws and ordinances applying to the City of Boynton Beach in 33 conflict with any provisions of this ordinance are hereby repealed. C:\Docurnents and Settings\ferraral\Local Settings\Temporary Internet Files\OLKD 1 \Ordinance (2).doc I I Section 4. Should any section or provision of this Ordinance or any portion 2 thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not 3 affect the remainder of this Ordinance. 4 Section 5. This Ordinance shall become effective immediately. 5 FIRST READING this _ day of ,2005. 6 SECOND, FINAL READING AND PASSAGE this _ day of 7 8 ,2005. 9 CITY OF BOYNTON BEACH, FLORIDA 10 11 12 Mayor 13 14 15 Vice Mayor 16 17 18 Commissioner 19 20 21 Commissioner 22 23 24 Commissioner 25 ATTEST: 26 27 28 City Clerk 29 30 31 32 C:\Documents and Settings\ferraral\Local Settings\Temporary Internet FiJes\OLKDI\Ordinance (2).doc XII. - LEGAL ITEM B.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 o April 5,2005 March 14,2005 (Noon.) o June 7, 2005 May 16,2005 (Noon) o April 19,2005 April 4, 2005 (Noon) o June 21, 2005 June 6, 2005 (Noon) 0 May 3,2005 April 18,2005 (Noon) o July 5, 2005 June 20, 2005 (Noon) [8J May 17, 2005 May 2,2005 (Noon) o July 19,2005 July 5, 2005 (Noon) 0 Administrative 0 Development Plans NATURE OF 0 Consent Agenda 0 New Business AGENDA ITEM 0 Public Hearing [8J Legal 0 Bids 0 UnfInished Business 0 Announcement 0 Presentation 0 City Manager's Report RECOMMENDATION: Please place this request on the May 17, 2005 City Commission Agenda under Legal, Ordinance - First Reading. The City Commission/Local Planning Agency denied the subject request under Consent and Legal, Ordinance - First Reading on April 19, 2005. At the May 3,2005 meeting, the City Commission acted to have this item reconsidered at its May 17tb meeting. Pursuant to the approval by the Planning Board and, following further consultation, staff recommends, and the attached ordinance reflects, that any height above 45 feet should be treated as a conditional use. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 05-040. EXPLANATION: PROJECT: Quantum Park MU Height (CDRV 05-006) AGENT: Eugene Gerlica, P.E., Quantum Group of Companies OWNER: Quantum Group of Companies LOCATION: Quantum Park PID DESCRIPTION: Request amendment to the Land Development Regulations to increase the allowable building height rrom 45 feet to 75 feet, with conditional use approval, in Mixed Use (MU) PODs of the Planned Industrial District (PID) regulations. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A U~A ae:::¡ Developme City Manager's ~gnature Pl~/¿~tm City Attorney / Finance / Human Resources S:\Planning\SHARED\WPISPECPROJ\CODE REVIEW\CDRV 05-006 QP MU Height\Agenda Item Request Quantum Pk MU Height CDRV 05-006 5- 17 -05 Is reading.dot S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT PLANNING AND ZONING DMSION MEMORANDUM NO. PZ 05-040 TO: Chair and Members Planning and Development Board THROUGH: ~chaeIVV.Rumpf Director of Planning and Zoning FROM: Ed Breese ~ Principal Planner DATE: March 4, 2005 SUBJECT: CODE REVIEVV (CDRV 05-006) Quantum Park PID (Maximum Building Height In Mixed Use Pods) NATURE OF REOUEST Mr. Eugene Gerlica, representing Quantum Group of Companies, is requesting an amendment to the City's Land Development Regulations to allow an increase in the maximum allowed height in excess of the 45- foot limitation contained within the Quantum Park Planned Industrial District (PID). The request is specific to the Mixed Use (MU) pods in Quantum Park (see Ex1nòit "A" - Justification Statement). BACKGROUND The City's Land Development Regulations Chapter 2, Section 7.H.14 establishes the maximum building height within Planned Industrial Districts (PID). According to the current regulations, "No building or appurtenances thereof shall exceed forty-five (45) feet in height". To date, the residential construction occurring within Quantum Park has been primarily townhomes and apartments, which complied with the 45-foot height limitation. As a result of the most recent Quantum Park DR! amendment (NOPC #15), approved by the City Commission on February 15, 2005, providing for an increase in the allowable number of dwelling units by 105, the Quantum Group would like to make provision for a vertical condominium residential option. ANALYSIS The requested amendment would affect only those properties within a Planned Industrial District (PID) designated with a Mixed Use (MU) land use. Mixed Use pods only exist within the Quantum Park PID. Staff reviewed the Quantum Park Master Plan (see Exhibit "B" - Quantum Park Master Plan), and the only lots containing the "Mixed Use (MU)" designation are noted as follows: Lots 7-11 & 23-31: These lots are located on Quantum Boulevard, north of Gateway Boulevard and were approved for a townhouse development by DR Horton in 2002 known as Quantum Townhomes East & West (now called Parkside). This project is nearly built-out. Page 2 CDRV 05-006 Lots 59-6 J & 101: These lots are located on Quantum Lakes Drive, south of Gateway Boulevard and were approved for a rental apartment development by Olen Development in 2000 known as Quantum Lakes ViUas. This project is complete. Lots 62~7 & 100: These lots are located on the south side of Gateway Boulevard, just west of High Ridge Road and were approved for an office, retail and rental apartment development by OJen Development in 2002 known as Quantum Park and VilJage South. The rental apartment component of this project is under construction. Lots 83-88 & 89-B: These lots are located on the north side of Gateway Boulevard, abutting High Ridge Road and were approved for an office, retail and townhouse development in 2002. The townhouse project (now caUed Canterbury) is actually on both sides of High Ridge Road, north of Gateway Boulevard and is cun-entIy under construction by Westbrooke Homes. The total acreage of the above-noted projects and designated for "Mixed Use (MU)" within Quantum Park is 94.86 acres, which is approximately 17% of the total acreage of the DR! (553.13 acres). AdditionaUy, only two of the "Mixed Use (MU)" pods are near the ftinge of the PID, abutting single-family residential. First is the Quantum Park and ViUage North project, which abuts a vacant tract of land to the west that is zoned single-family. Second is the Parkside townhouse project, which, as stated earlier, is nearly built-out and which abuts the L WDD E-4 Canal to the west and across the canal is the Dos Lagos residential community. It would appear, at the present time, the only "Mixed Use (MU)" designated parcels that may be able to take advantage of the additional 105 dwelling units would be either Quantum Park and Village South or Quantum Park and ViIIage North, since the office and retail components of these projects has not begun construction. The subdivision master plan for either of these sites would require a fonnal modiñcation and review in &ont of the Board and City Commission to incorporate the additional units while reducing other approved uses on the site. Based upon discussions staff has had with OJen Development, and their recent submittal for a Master Plan Modification and Major Site Plan Modiñcation, they would intend to amend the plans for Quantum Park and Village South to accommodate the additional dweUing units, while redesigning the office and retail COmponents. As justification for the request for additional height, Quantum states that «An increase in height wiU encourage the conservation of natural amenities by accomplishing the vested development intensities in a vertical manner in contrast to the land sprawl oflower height development". During discussions with The Quantum Group of Companies, they were encouraged to review the Suburban Mixed Use (SMU) regulations to understand how the City previously addressed a similar request. As a result, Quantum proposes the foUowing changes to the Planned Industrial Development (PID) regulations: Revise Section 7.H.14 - Maximum BuDding Height, as follows: Section 7.HI4 - Maximum Building Height. No building or appurtenances thereof within the PID zoning district shall exceed forty-five (45) jèet in height. with the exception of buildings in a Mixed Use POD pursuant to Section 7.P.I.e.I. Renumber and revise Section 7.P.1.e - Maximum Structure Height, as foUows: ::::'::;:~';..l~::::::=:!s..~~"",,,"IIIWiefl _1Ner¡eJy__ ection 7.P.I.e.I Maximum Buildln Hei ht. e maximum ui/di. he/: t thi All Page 3 CDRV 05-006 Use Pod shall not be greater than five (5) stories and shall be below the Florida Buildinc Code thresholds for a hich-rise classification. Add two (2) new subsections, as follows: Section l.P.J.e.2) Building Height Measurement. Bui/dinfJ! heiflht shall be measured from the lowest finish floor slab elevation of the proposed building to the Deak of the strocture. includinc any architectural details. stairwells. elevator shafts. etc. Section 7.P.J.e.3) Heillht Setback EnveloD. Minimum buildinc setbacks shall be based on buildinI! heichts for buildincs greater than forty-five (45) feet in heicht. The heif{ht setback envelop is applicable where the Mixed Use develoDment is adiacent to an existinC develoDed single-family residential zoning district outside the PID. This minimum setback shall be three (3) times the buildinfl heif{ht for anv multifamily or nonresidential strocture. The setbaclc shall be measured from the common boundary of the PID and the existing single-family residential zoning district or the midpoint of any interveninc n'I!ht-of -wav. As part of the requested code review, staff studied the Suburban Mixed Use (SMU) regulations, which allow mixed use in a vertical configuration, allow a height comparable to that being requested by the applicant, make provisions to safeguard adjacent single family residential communities, and is being utilized in the immediate vicinity in conjunction with the Renaissance Connnons project. SUMMARY As a result of staff's analysis of the proposed changes submitted by the applicant and staff's review of the existing SMU regulations, staff recommends the following amendments to the PID district regulations, which vary slightly from those suggested by the applicant: Revise Section 7.H.14 - Maximum BuDding Height, as follows: Section 7.B. J 4 - Maximum BuUding Height. No building or appurtenances thereof within the PID zoning district shall exceed forty-five (45) feet in height. with. the exception of buildings in a Mixed Use Pod pursuant to Seetion 7.P.I.e. Amend Section 7.P .l.e. - Maximum Structure Height, as follows: Seetion l.P.l.e 1IIæd1,u'1tf SWllemre Height. Moohaniæl ef[flipment which 8M!lfl6i'''ely serves the stnlcturi! shall not be i1'lclflded in the es1cfllstWn of height. Seetion 7.P.J.e - Maximum Buildin, Heillht. The Mixed Use pods within the PID shall allow for a heiI!ht of fifty-five (55) feet for mixed use and residential buildinfs. Building heifhts between fifty-five (55) feet and the maximum of seventy-five (75) feet shall be processed as a Conditional Use. No excfgJtions to the maximum height shall be allowed. Additionally. the following reculations shall apply: (1) The building height shall be measured trom the lowest finish floor slab elevation qf the proposed buildinc or from the minimum base flood elevation as established bv Page 4 CDRV 05-006 The ,light changes reCOl1nnended by staff, ftom the language proposed by the applicant, involve: <one)- the further defining (clarifying) of height in feet, rather than in stories; (two) _ the utilization of SMU Janguage in requiring structures between 55 and 75 feet in height to be treated as a Conditional Use and denoting that height exceptions are not allowed; (three) - the addition of FEMA floodplain criteria as an additional option in determining the base of measurement for height. RECOMMENDATION Staff recommends that staff's proposed amendments to Chapter 2. Zoning of the City's Land Development Regulations, specific to height regulations within the Mixed Use pods of PID zoning districts, be approved. It is staff's opinion that the Mixed Use components of Quantum Park share many of the traits of the Suburban Mixed Use (SMU) zoning district being utilized at Renaissance Commons (fonner Motorola site), and similar regulations appear appropriate. 1:ISHRDATAIPlANNJNGIsHAJum\WPlPROJECTs\QUANroM PAlOOMU POD HEIGHT C>llV.DOC ~~ QUAN .-UIV1 EXHIBIT A -iìltfi;.- G R 0 U P 0 F COM PAN I E S January 18,2005 Mr. Michael W. Rumpf, Director City of Boynton Beach Department of Development Planning & Zoning Division 100 East Boynton Beach Boulevard Boynton Beach, FL 33425 RE: Quantum Park DR! CODE REVIEW - PID - MAXIMUM BUILDING HEIGHT Dear Mr. Rumpf: Pursuant to a proposed development order condition for the pending NOPC for the above referenced project we are requesting a code review, or more precisely a zoning code text change, to accommodate the intended development. Provided with this request are the following items. 1. Code Review Application Fee of $250.00, Check No. 1331, made payable to The City of Boynton Beach. 2. Quantum Park PID Code Review Request Justification Statement and Discussion, dated January 2005. Please review the enclosed Justification Statement and schedule this Request for Consideration at the earliest possible date by the Planning and Development Board and subsequently by the City Commission. Final consideration of this Request by the City Commission on or before February 15, 2005 will not adversely impact the Project development schedule. If you should have any further questions, please feel free to contact me at any time. S41cerely, Eugene A. Oerlica, P .E. ee: Doug MacDonald David Noms, Esq. Cohen, Noms, et. al., (w/encl) Igor Olenico£I: Olen Development, (w/encl) Steve Fike, Ölen Development, (w/encl) F:\Quantum LlmtudINOPCI j CODE REJ'1EW Bldg HtlRump¡'Itr-CDRJ'2005-1-10.doc 2500 Ouantum Lakes Drive, Suite 101 Boynton Beach. Fl33426 (561)740-2447 · Fax: (5611740-2429 e-mail: quantgrp(Þqgc.cc QUANTUM PARK PID CODE REVIEW REQUEST JUSTFICATION STATEMENT AND DISCUSSION INTRODUCTION AND PURPOSE Quantum Park is zoned PID; it is greater than 500 acres in size and contains a Mixed Use POD consisting of four (4) locations. This Code Review is requested to propose a zoning text change that will allow building heights in excess of the current maximum building height of 45 feet within the Mixed Use POD of Quantum Park PID. This Code Review request is submitted pursuant to a proposed development order condition of the pending DR! _ NOPC1 and Master Site Development Plan amendment currently under . .consideration by the City. JUSTIFICATION STATEMENT AND DISCUSSION A maximum building height greater than 45 feet will allow Quantum Park to optimize the stated intent and purpose of the PID district as set.forth in the Code. Please consider the following. An increased building height will better satisfy current demands for Mixed Use lands by encouraging development which reflect changes in land development trends relating to the topographic variety of the Quantum. Park site. --, An increased building height will encourage the conservation of natural amenities by accomplishing the vested development intensities in a vertical manner in contrast to the land sprawl of lower height developments. An increased building height will permit economies in providing public services. I DRI- Development of Regional Impact. NOPC - Notice of Proposed Change QUANTUM PARK PID - CODE REVIEW REQUEST Page 1 of4 January 2005 F:lQuantum LtmlJed\NOPC15 CODE REYlEW Bldg HtlCODE REYlEW-RvJ.doc An increased building setback is proposed for buildings greater than 45 feet in height. The height setback envelope criteria will eliminate adverse impacts to existing adjacent single-family zoned lands. Over the years Quantum Park has evolved into a complex Mixed Use development. Please consider the following historical perspective. In 1984, Quantum Park was envisioned to be an emulation of the Silicon Valley type development in California. Quantum Park with over 4.0 million square feet of building area proposed for research and development companies would compliment the newly constructed Motorola Plant and the ffiM campus in Boca Raton. In 2005, the Motorola Plant is gone, ffiM is gone and the development in Quantum Park includes nearly 2.0 Mil square feet of warehouse/distribution space, a High School, a commuter train station, a . City Park, a private drug and alcohol rehabilitation facility, 1,000 residential units and a proposed police and fire station. Quantum Park and the City of Boynton Beach have evolved to include these desirable Mixed Use pockets of development complete with high-density residential and commercial space in close proximity. The high density and close proximity are key to promote the pedestrian use of connectivity facilities. Other examples of the mixed~use developments are the marina project, the CRA and the Rennisance project. These mixed-use projects include building heights in excess of 45 feet, some as great as 75 feet. Quantum Park may well be the most unique site topographically in Palm Beach County. The water management tracts are some of the lowest in the County at elevation 8.00, while the nafural grades are some of the highest at elevations in excess of 40.00. The constructed finish floor elevations vary from elevation 14.50 to in excess of elevation 35.00. An increased maximum building height, particularly at the lower elevations, is not only appropriate, but also desirable. The proposed text amendment regarding the increased maximum building height will provide the Code criteria that will allow taller multifamily residential buildings. The individual homes may be a single floor product in contrast to the multistory residential units now existing in Quantum Park. An additional housing product of this nature can be offered consuming less land area provided the maximum building height is increased. QUANTUM PARK PID - CODE REVIEW REQUEST Page 2 of4 January 2005 F:\Qu4ntum LlmltedWOPC15 CODE REYIEW B/dg HtlCODE REYIEW-RvJ.doc CODE SECTION REFERENCE Chapter Two of the Code of Ordinances is the Boynton Beach Zoning Code. Section Seven (7) is the Planned Industrial Development District Code. Text amendments to the following subsections of this Section are proposed to address the maximum building height request. Section 7 .H.14 - Maximum Building Height Section 7.P .l.b - Definitions Section 7.P .l.e - Maximum Structure Height [This area left intentionally blank] QUAN1UM PARK PID - CODE REVIEW REQUEST Page 3 of4 Januaty 2005 . F:IQuontwn LlmitMWOPCJ5 CODE REYlEW BIdg HtlCODE REYlEW-RvJ:doc , PROPOSED ZONING TEXT CHANGES Revise Section 7 .H.14 - Maximum Building Height, as follows: Section 7.H.14 - Maximum Building Height. No building or appurtenances thereof within the PID zoning district shall exceed forty-five (45) feet in height, with the exception of buildings in a Mixed Use POD pursuant to Section 7.P.1.e.l). Renumber and revise Section 7.P .t.e - Maximum Structure Height, as follows: Section 7.P.1.e.l) Maximum Building Height. The maximum building height within a Mixed Use Pod shall not be greater than five (5) stories and shall be below the Florida Building Code. thresholds for a high-rise classification. Two (2) new subsections are proposed, as follows: Section 7.P. 1. e.2). Building Height Measurement. Building height s.hall be measured from the lowest finish floor slab elevation of the proposed building to the peak of the structure, including any architectural details, stairwells, elevator shafts etc. Section7.P.1.e.3). Height Setback Envelop. Minimum building setbacks shall be based on building heights for buildings greater than 45 feet in height. The height setback envelope is applicable where the Mixed Use development is adjacent to an existing developed single-family residential zoning district outside the PID. This minimum setback shall be three (3) times the building height for any multifamily or nonresidential structure. The set back shall he measured from the common boundary of the PID and the existing single-family residential zoning district or the midpoint of any intervening right-of-way. QUAN11JM PARK PID - CODE REVIEW REQUEST Page 40f4 January 2005 F:\QuœItum LimitedWOPCIJ CODE REJIIEW Bl4g HtlCODE ~W~RvJ.doc _"_,w..."..,;"~,~~~"'''''''·N'''''_'''··.'~··_'"''''''··'· . J , i , I ~" f f n -. EX HI . IT E II H 'r;' HI -I'.' , I , '.' ! J Iii: 1/ I fi I i j' ;1 I, III CONORE$S A \tNU£ i ~ I I , ~: ... . I ~ I! II~ . . i· . ! ~ I I f .... """'= I r ~ ...g ij , -Ii ..¡ 'II t:E~ ~ Je n~~ íJ " . a . , _r ~p .. e I i I I I ~ ~iï~ili~~~RgO~~i "'g ~~~RQ O:Ui ~ -~ '~ ~¡cn! : !:n!au" j ~I f~ ~ ~ ~ ~~¡¡;~~C¡~~g ~ "';1 f 1M i. I ~ I~~III~III~ I 'i If 'I '... , II I · J I -U\,,- ~ 1 ORDINANCE NO. 05- 2 3 AN ORDINANCE OF THE CITY COMMISSION 4 OF THE CITY OF BOYNTON BEACH, FLORIDA, 5 AMENDING THE LAND DEVELOPMENT 6 REGULATIONS, CHAPTER 2., SECTIONS 7 H. 14 7 AND 7 P. 1. e. TO ALLOW A MAXIMUM 8 BUILDING HEIGHT EXCEEDING FORTY-FIVE 9 FEET IN HEIGHT BUT NOT EXCEEDING 10 SEVENTY-FIVE (75) FEET IN HEIGHT IN A PID 11 MIXED USE POD, PROVIDING APPLICATION 12 FOR BUILDING WITH A HEIGHT EXCEEDING 13 FORTY-FIVE (45) FEET SHALL BE PROCESSED 14 AS A CONDITIONAL USE; PROVIDING FOR 15 CONFLICTS, SEVERABILITY, CODIFICATION 16 AND AN EFFECTIVE DATE. 17 I 18 WHEREAS, the City's PID Land Development Regulations limit building height to 19 forty-five (45) feet; and 20 WHEREAS, the City Commission has considered recommendations from City staff 21 that buildings in PID mixed use PODS be pennitted to a height of seventy-five (75) feet 22 subject to conditional use review/approval; 23 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 24 THE CITY OF BOYNTON BEACH, THAT: I 25 Section 1. Each Whereas clause set forth above is true and correct and herein 26 incorporated by this reference. 27 Section 2. That Chapter 2. Section 7 H. 14 of the LDR is hereby amended by as 28 follows: 29 14. Maximum Building Height. No building or appurtenances thereof 30 within the PID zoning district shall exceed forty-five (45) feet in height, 31 with the exception of buildings in a Mixed Use POD pursuant to Section I 32 7.P.1.e.1. 33 . .. 34 35 Section 7.P.1.e Maxinmm Stnletl:lre Height. Mechanieal eqHipmeat 'Nhiøh 36 exclusively serves the structure shall not be included in the 0alealatioa of height. 37 38 e.1 Maximum Building Height. The maximum building height within a 39 Mixed Use Pod shall not be greater than five (5) stories and shall be below tfi.e Florida 40 Buildiag Code thresholds for 8 high rise elassifieatioR.75 feet. Any building 41 exceeding 45 feet in height shall be processed as a conditional use. 42 43 C:\Documents and Settin~s\greeneo.CITY\LocaI Settings\TemDorarv Internet FiIes\OLKIE\Ouantum Park I Height.doc8:\C.~).oRlift&flees\PlaRRiRg\C9Aåiti9RaI Use Afl'IeflåRleftt M 1 Q4II OS.åee -. -. 1 2 Section 3. That Chapter 2. Section 7 P. l.e of the LDR is hereby amended by 3 creating new sections as foIlows: 4 c.2. Building Height Measurement. Building height shall be measured 5 from the lowest finish floor slab elevation of the proposed building to the peak 6 of the structure. including any architectural details. stairweIls. elevator shafts. 7 etc. 8 9 e.3. Height Setback Envelop. Minimum building setbacks shall be based 10 on building heights for buildings greater than fortY-five (45) feet in height. 11 The height setback envelop is applicable where the Mixed Use develoDment is 12 ad'acent to an existin develo ed sin le-famil residential zonin district 13 outside the PID. This minimum setback shall be three (3) times the building 14 hei t for an multifamil or nonresidential structure. The setback shaIl be 15 measured from the common boundary of the PID and the existing single- 16 famil residential zonin district of the mid oint of an intervenin ri ht-of- 17 way. 18 19 Section 4. Each and every other provision of Chapter 2, Section 7 of the Land 20 Development Regulations, not herein specifically amended shall remain in full force and 21 effect as previously enacted. 22 Section 5. All ordinances or parts of ordinances in conflict herewith be and the 23 same are hereby repealed. 24 Section 6. Should any section or provision of this ordinance or portion hereof, 25 any paragraph, sentence or word be declared by a court of competent jurisdiction to be 26 invalid, such decision shall not affect the remainder of this ordinance. 27 Section 7. Authority is hereby granted to codify said ordinance. 28 Section 8. This ordinance shall become effective immediately upon passage. 29 FIRST READING this _day of , 2005. 30 31 SECOND, FINAL READING AND PASSAGE this day of , 32 2005. 33 CITY OF BOYNTON BEACH, FLORIDA 34 35 36 Mayor 37 38 39 Vice Mayor 40 41 42 Commissioner antum Park I 1 2 3 ATTEST: Commissioner 4 5 6 City Clerk Commissioner 7 8 (CORPORATE SEAL) 9 10 11 12 C:\Documents and Settings\greenea.CITY\Local Settinl!:s\TemDorarv Internet Files\OLK1 E\Ouantum Park I Heil!:ht.docS:\CIM>AliA8Aee!fPI8ftRiRg\Ceflllitieø81 Use AæeødæeRt M 1 (HI WS.dee >- - Development staff response to issues related to Code Review CDRV 05.006 April 5, 2005 1. Definition of five-story building -- without a companion height limitation, how high theoretically can the building be? There is nothing in the staff report to indicate how high a five-story building would be. Assuming a 12' ceiling height, a five-story building, exclusive of elevator and AC equipment would be 60 feet. Per the SMU code, the maximum building height by right is 55 feet. The petitioner in this instance has requested authorization of "five-story buildings" as opposed to the underlying PID allowance of buildings having a maximum height of 45 feet. Further, the SMU code as referenced in the staff report does allow for increased height of buildings in the SMU district between 55 feet and 75 feet subject to special review and setback regulations. In summary, I am concerned that the petitioner's request for authorization of a five-story building lacks specificity and will result in interpretive problems for the staff and Commission. The building height should be expressed in feet not stories. That said the visual impact of five-story buildings along Gateway must be addressed by staff. This was not done in the staff report. The Staff Report Summary recommends revising Section 7.P.1.e of the Planned Industrial District (PI D) regulations to read as follows: Staff does not consider the 10 foot difference, between the currently allowed 45 foot height to the midpoint of a pitched roof with the possibility of being granted an undetermined height exception and the maximum 55 foot height to the top of a roof with no exceptions, to be significant. The 75-foot height limit can only be achieved by going through the conditional use process. As a result staff does not consider the visual impact along Gateway to differ significantly from what can be built now. 2. What does "shall fall below the Florida Building Code thresholds for a high-rise classification" mean? This is not explained in the staff report. H this is an exception to any fire code provisions, the FD may have objections to the proposed language. Will the new high-rise regulations to our fire code apply to the PID? The staff report needs to address this matter. This statement should more correctly reference Ordinance No. 04-005 which amended Chapter 9, Article 2 of the City Code concerning Fire Protection and Prevention, which defines "High Rise" as six stories or 75 feet. · 3. The staff report recommends deploying the set-back provisions of the SMU in the Quantum PID - however, as noted above, this may be a moot point as there is no contiguous single family property for vacant lots, I believe. The only area which I saw adjacent to single-family is the MU lots 23-31, which have been developed. As land use policy, the provisions of the SMU Code per Ordinance 04-011 are clear as to the intent that the SMU designation is a special case with limitations ... The only existinq single family is Dos Lagos adjacent to lots 23 -31. However, it is possible that future single-family adjacencies could occur at parcels 83, 87 and 88. The recommendation by staff is based on a vision for the future, which would allow intensification, by height based on subsequent and required NOPC applications and/or substantial deviations to the DR!. To add additional units or square footage above the current threshold of the DRI, formal applications would be required and reviewed according Iy. Rather than creating a new system, based on the similarities in location and use with the SMU, the general components of the SMU were applied. 4. I did not see any language that would seek to evaluate the SMU provisions for usable open space at the Quantum PID. Your staff needs to address whether such requirements are appropriate or beneficial to the MU area of Quantum PID. This is an important and integral element of balancing increased height and density. How would and should the SMU Building and Site Regulations apply to the Quantum Site? I ask this because it appears that the staff report only addressed setback requirements associated with higher buildings. The Quantum Park PID has it's own open space requirements which it had originally met, including setting aside 40 acres of preserve, a 25' and 40' foot perimeter buffer, right-of-way plantings, and multiple retention ponds with littoral plantings. The subject and preceding NOPC amendments have not represented intensifications of the DRI/Master Plan, but a shifting of uses under the maximum thresholds. The additional height allowed should not be viewed as an intensification but as a vertical use of capacity. Therefore, this should not necessarily be viewed as the opportunity to apply more restrictions disproportional to the request. 5. What is the basis for the developer's desire to increase the DU's by 105 units? What is the hardship imposed that would allow such an increase in density? The only item I could see in the developer's presentation package is that the topography of the area is low. (See page 2 of 4 of the Developer's justification statement.) With this proposal, what win be the final number and distribution of residential units in the area depicted as Exhibit B to the staff report? What is the density for the proposal? The question as to the basis for the developer's desire to increase DU's by 105 units would appear to be academic in light of the City Commission's Approval of Ordinance No. 05-013 on February, 152005, which approved the NOPC allowing the additional 105 dwelling units. The DRI application does not state any hardship, nor is the applicant required to provide that type of justification. From day one, when residential units were initially allowed into the PID via the prerequisite amendments, residential units have been allowed consistent with the Comprehensive Plan subject only to aFAR and not a density limit. ·, . 6. What impact will this petition havet if grantedt on the Mixed Use designated parcels in the Quantum PID? Based on what has been constructed and what is vacant in these areas, what can we expect? Alsot could the commercial/office area on the north side of Gateway (Lots 83-88) be converted to residentialt or has the development of these parcels been assured as non-residential? More residential development on Lots 83-88 could occur but would likely trigger a formal process to amend the master site plan for that mixed-use pod. A certain level of additional units, if vertical or well integrated would be generally supported by staff. Meeting Minutes Planning and Development Board Meeting Boynton Beach, Florida March 22, 2005 Description: Request for Height Exception approval of 19 feet-six (6) inches to allow decorative rooftop statues at a height of 64 feet-six (6) inches in lieu of the maximum of 45-feet allowed in the C-3 zoning district. Chairman Wische stated that there was only one staff comment and Mr. Marsicano agreed with the staff comment. Chairman Wische opened the public hearing. Since no one wished to speak, the public hearing was closed. Motion Ms. Jaskiewicz moved to approve the request for Height Exception approval of 19 feet-six (6) inches to allow decorative rooftop statues at a height of 64 feet-six (6) inches in lieu of the maximum of 45-feet allowed in the C-3 zoning district. Mr. Hay seconded the motion that passed unanimously. D. Code Review 1. Project: Quantum Park MU Height (CDRV 05-006) Agent: Eugene Gerlica, P .E., Quantum Group of Companies Owner: Quantum Group of Companies Location: Quantum Park PID Description: Request amendment to the Land Development Regulations to increase the allowable building height from 45 feet to 5 stories in Mined Use (MU) PODs of the Planned Industrial District (PID) regulations. Chairman Wische stated that Staff approved it with slight recommendations to the Planned Industrial District regulations. David Norris, 712 US Highway 1, attorney for the applicant, assumed the podium and stated that they accept the staff recommendations. Ed Bresse, Principal Planner stated that the City Manager requested that Staff recommend that the item be tabled so he can have more time to review the information submitted. Chairman Wische stated it was not on the agenda to table, and he was only interested in whether the request was approved. 7 Meeting Minutes Planning and Development Board Meeting Boynton Beach, Florida March 22, 2005 Motion Mr. Saberson moved to table the request for one month until the next Planning and Development meeting. Ms. Jaskiewicz seconded the motion. Chairman Wische objected to tabling and stated the item was already held back from the February meeting. Mr. Breese informed the Board that the City Manager had been ill and has not had a lot to time to spend on those types of Items. Vice Chair Casaine stated he did not believe that enough reason had been presented to table the item. He stated that motions must be presented in an order, and you have to give the opportunity for it to be presented to the public and the Board for discussion before a motion can be presented. Mr. Hay stated that based on the City Manager's illness he felt the City Manager should have the opportunity to review the item. Mr. Nora pointed out that the item was originally part of the request for NOPC #15, and staff requested them to remove it from that request so that they would have more time to review. They gave staff the additional month and a half to review the item, which Staff gave their recommendation that they agree with. He did not think it was fair for them to ask for more time at the last minute. He stated that it is a big project and every request is time sensitive. Mr. Broening pOinted out that after the Board makes its recommendations that the item then goes to the City Commission for approval, which will provide sufficient time for any further review that may be necessary. Mr. Breese pOinted out that Mr. Nora stated Staff asked them to remove the item from the NOPC #15 to give them more time to review, and that was not a factual statement. He stated that it is not a part of the NOPC and is not something that is reviewed by the State. He stated that they did ask him to remove the item because it would not be appropriate to deal with it within an NOPC and suggested they move it to tonight's meeting. Vote The motion failed 2-5 (Chairman Wische, Vice Chair Casaine, Mr. Cwynar, Mr. Hay, Mr. Broening dissenting). 8 Meeting Minutes Planning and Development Board Meeting Boynton Beach, Florida March 22, 2005 Motion Vice Chair Sergio moved that the request to amend the Land Development Regulations to increase the allowable building height from 45 feet to 5 stories in Mixed Use (MU) PODs of the Planned Industrial District (PID) request and following staff's recommendations be approved. Motion seconded by Mr. Cwynar. Vote The motion carried 5-2 (Mr. Saberson and Ms Jaskiewicz dissenting). 8. Other None 9. Comments by members Mr. Hay inquired if it was okay for them to have the meeting without an Attorney present. Mr. Breese responded that Staff was told that it would not be a problem running the meeting without the Attorney present. Mr. Fitzpatrick, Alternate, inquired from Staff about a list of questions he had given out to Staff two months ago and has not had any reply. Mr. Breese stated that he was not sure what those requests were, that they were not directed to him, but he will find out. 10. Adjournment There being no further business, the meeting properly adjourned at 7:19p.m. Respectfully submitted, Catherine Wharton Recording Secretary (March 24, 2005) 9 1 ORDINANCE NO. 05- D~3 2 3 4 5 AN ORDINANCE OF THE CITY COMMISSION 6 OF THE CITY OF BOYNTON BEACH, FLORIDA, 7 AMENDING THE LAND DEVELOPMENT 8 REGULATIONS, CHAPTER 2., SECTIONS 7 H. 14 9 AND 7 P. I.e. TO ALLOW A MAXIMUM 10 BUILDING HEIGHT EXCEEDING FORTY-FIVE 11 FEET IN HEIGHT BUT NOT EXCEEDING 12 SEVENTY-FIVE (75) FEET IN HEIGHT IN A PID 13 MIXED USE POD, PROVIDING APPLICATION 14 FOR BUILDING WITH A HEIGHT EXCEEDING 15 FORTY-FIVE (45) FEET SHALL BE PROCESSED 16 AS A CONDITIONAL USE; PROVIDING FOR 17 CONFLICTS, SEVERABILITY, CODIFICATION 18 AND AN EFFECTIVE DATE. 19 20 21 22 WHEREAS, the City's PID Land Development Regulations limit building height to 23 orty-five (45) feet; and 24 WHEREAS, the City Commission has considered recommendations from City staff 25 hat buildings in PID mixed use PODS be pennitted to a height of seventy-five (75) feet 26 ubject to conditional use review/approval; 27 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 28 HE CITY OF BOYNTON BEACH, THAT: 29 Section 1. Each Whereas clause set forth above is true and correct and herein 30 ncorporated by this reference. 31 Section 2. That Chapter 2. Section 7 H. 14 of the LDR is hereby amended by as 32 ollows: 33 14. Maximum Building Height. No building or appurtenances thereof 34 within the PID zoning district shall exceed forty-five (45) feet in height, 35 with the exception of buildings in a Mixed Use POD pursuant to Section I 36 7.P.1.e.1. 37 .. 38 39 Section 7 .P .1.e Maximum Structure Height. Mechanical equipment which 40 exolusiyely serves the structure shall not be included in the calculation of height. 41 42 43 : I 1 e.l Maximum Building Height. The maximum building height within a 2 Mixed Use Pod shall not be greater than fhe (5) stories and shall be beloV'.' the Florida 3 Building Code thresholds for a high rise classification.75 feet. Any building 4 exceeding 45 feet in height shall be processed as a conditional use. 5 6 7 8 Section 3. That Chapter 2. Section 7 P. l.e of the LDR is hereby amended by 9 reating new sections as follows: 10 eol. Building Height Measurement. Building height shall be measured 11 ITom the lowest finish floor slab elevation of the proposed building to the peak: 12 of the structure, including any architectural details, stahwells, elevator shafts, 13 etc. 14 15 e.3. Height Setback Envelop. Minimum building setbacks shall be based 16 on building heights for buildings greater than forty-five (45) feet in height. 17 The height setback envelop is applicable where the Mixed Use development is 18 ad1acent to an existing developed single-family residential zoning district 19 outside the Pill. This minimum setback shall be three (3) times the building 20 height for any multifamily or nonresidential structure. The setback shall be 21 measured ITom the common boundary of the PID and the existing single- 22 family residential zoning district of the midpoint of any intervening right-of- 23 way. 24 25 Section 4. Each and every other provision of Chapter 2, Section 7 of the Land 26 evelopment Regulations, not herein specifically amended shall remain in full force and 27 ffect as previously enacted. 28 Section 5. All ordinances or parts of ordinances in conflict herewith be and the 29 ame are hereby repealed. 30 Section 6. Should any section or provision of this ordinance or portion hereof, 31 y paragraph, sentence or word be declared by a court of competent jurisdiction to be 32 nvalid, such decision shall not affect the remainder of this ordinance. 33 Section 7. Authority is hereby granted to codify said ordinance. 34 Section 8. This ordinance shall become effective immediately upon passage. 35 36 FIRST READING this _ day of , 2005. 37 38 39 40 41 42 I 1 2 3 SECOND, FINAL READING AND PASSAGE this day of , 4 005. 5 CITY OF BOYNTON BEACH, FLORIDA 6 7 8 Mayor 9 10 11 Vice Mayor 12 13 14 Commissioner 15 16 17 TTEST: Commissioner 18 19 20 ity Clerk Commissioner 21 22 CORPORATE SEAL) 23 24 25 26 I XII. - LEGAL ITEM 8.2 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 o AprilS, 2005 March 14,2005 (Noon.) o June 7, 2005 May 16. 2005 (Noon) o April 19, 2005 April 4, 2005 (Noon) o June 21, 2005 June 6, 2005 (Noon) o May 3, 2005 April 18, 2005 (Noon) o July 5, 2005 June 20, 2005 (Noon) , -' :'---']_ot -1--':'''' ~ May 17, 2005 May 2,2005 (Noon) o July 19,2005 July 5, 2005 (Noon) " ~-.........- -:¡ N ···C:,J ·~o C:'J - - 0 Adnùnistra tive 0 Development Plans -'~'~ ::::-;¡. -J ---{ NATURE OF 0 Consent Agenda 0 New Business -' " (::) -=~¡Z AGENDA ITEM l........i --~ ~ Public Hearing ~ Legal "1~ í"'-' t.""J-¡> 0 Bids 0 Unfinished Business "j!"" f"1l(-, 0 0 ~ Announcement Presentation 0 City Manager's Report RECOMMENDATION: Please place this request on the May 17,2005 City Commission Agenda under Public Hearing and Legal, Ordinance - First Reading. The Planning and Development Board recommended that the subject request be approved on April 26, 2005. Further details pertaining to the request, see attached Department of Development Memorandum No. PZ 04-272. EXPLANATION: PROJECT: Florida Public Utilities (ABAN 05-001) AGENT: Christopher Canino OWNER: Florida Public Utilities Company LOCATION: South side of Old Boynton Road approximately 300 feet west of Winchester Park Boulevard DESCRIPTION: Request to abandon a portion of an unimproved 30-foot wide road. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES, ~ ~~.~.,.. Signa"';" Developme epartment Director ~l~ City Attorney / Finance / Human Resources Planning and Zo . g irector S:\Planning\SHARED\WP\PROJECTS\Florida Public Utilities\ABAN 05-001 \Agenda Item Request Florida Public Util ABAN 05-001) 5-17-05.dot S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC 1 ORDINANCE NO. 05- 2 3 AN ORDINANCE OF THE CITY OF BOYNTON i 4 BEACH, FLORIDA, AUTHORIZING ABANDONMENT 5 OF THE REMAINING PORTION OF AN 6 UNIMPROVED 30 FOOT 'YIDE ROAD RIGHT-OF- 7 'YAY LOCATED ON THE SOUTH SIDE OF OLD 8 BOYNTON ROAD; (ABAN 05-001 ), SUBJECT TO 9 STAFF COMMENTS; AUTHORIZING THE CITY 10 MANAGER TO EXECUTE A DISCLAIMER, \VHICH 11 SHALL BE RECORDED WITH THIS ORDINANCE IN 12 THE PUBLIC RECORDS OF PALM BEACH COUNTY, 13 FLORIDA; AND PROVIDING AN EFFECTIVE DATE. 14 15 16 WHEREAS, Florida Public Utihties is requesting abandonment of the remaining 17 portion of an unimproved, 30 foot wide road right-of-way located on the south side of Old 18 Boynton Road approximately 300 feet west of Winchester Park Boulevard, situated between a 19 small parcel of land to the east (owned by the Florida Public Utilities) and a large parcel ofland 20 to the west used as a water retention area for Wal-Mart, subject to staff comments; and 21 22 WHEREAS, comments have been solicited from the appropriate City Departments, and 23 public hearings have been held before the City's Planning and Development Board, and the Cit'· 24 Commission on the proposed abandonment; and 25 26 WHEREAS, staff has detennined that the roadway provides no public service; and 27 28 NO'Y, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 29 THE CITY OF BOYNTON BEACH, FLORIDA THAT: 30 31 Section 1. The foregoing Whereas clauses are true and correct and incorporated 32 herein by this reference. 33 34 Section 2. The City Commission of the City of Boynton Beach, Florida, does hereby 35 abandon the remaining portion of an unimproved, 30 foot wide road right-of-way located on the 36 south side of Old Boynton Road approximately 300 feet west of Winchester Park Boulevard, 37 situated between a small parcel of land to the east (owned by the Florida Public Utilities) and a 38 large parcel of land to the west used as a water retention area for Wal-Mart, subject to staff 39 comments, and more particularly described in the attached Exhibit "A." A location map is 40 attached hereto as Exhibit "B." 41 42 Section 3. The City Manager is hereby authorized and directed to execute the 43 attached Disclaimer and cause the same to be filed, with this Ordinance, in the Public Records 44 of Palm Beach County, Florida. 45 46 Section 4. This Ordinance shall take effect immediately upon passage. S:ICAIOrdinanceslAbandonmentslAbandonment - Portion of Old Boynton 05-001.doc 1 2 FIRST READING this _ day of ,2005. 3 4 SECOND, FINAL READING AND PASSAGE THIS day of 5 6 ,2005. 7 8 CITY OF BOYNTON BEACH, FLORIDA 9 10 11 Mayor 12 13 14 Vice Mayor 15 16 17 Commissioner 18 19 20 Commissioner 21 22 23 Commissioner 24 ATTEST: 25 26 27 City Clerk 28 29 30 S:ICAIOrdinanceslAbandonmentslAbandonment· Portion of Old Boynton 05-001.doc DISCLAIMER KNO\V ALL MEN BY THESE PRESENTS that the City of Boynton Beach, Florida, a municipal corporation, under the laws of the State of Florida, does hereby abandon the remaining portion of an unimproved, 30 foot wide road right-of-way located on the south side of Old Boynton Road approximately 300 feet west of Winchester Park Boulevard, situated between a small parcel ofland to the east (owned by the Florida Public Utilities) and a large parcel ofland to the west used as a water retention area for Wal-Mart, subject to staff comments, and more particularly described in the attached Exhibit "A". IN WITNESS WHEREOF, the duly authorized officers of the City of Boynton Beach, Florida, have hereunto set their hands and affixed the seal of the City this day of May, 2005. ATTEST: CITY OF BOYNTON BEACH, FLORIDA Janet Prainito Kurt Bressner, City Manager City Clerk STATE OF FLORIDA ) )ss: COUNTY OF PALM BEACH ) BEFORE ME, the undersigned authority, personally appeared Kurt Bressner and Janet Prainito, City Manager and City Clerk respectively, of the City of Boynton Beach, Florida, known to me to be the persons described in and who executed the foregoing instrument, and acknowledged the execution thereof to be their free hand and deed as such officers, for the uses and purposes mentioned therein; that they affixed thereto the official seal of said corporation; and that said instrument is the act and deed of said corporation. WITNESS my hand and official seal in the said State and County this _ day of May, 2005. NOTARY PUBLIC, State of Florida My Commission Expires: S:ICAIOrdinanceslAbandonmentslAbandonment - Portion of Old Boynton 05-001.doc EXHIBIT "A" A portion of the 30-foot right-of-way lying west of and adjacent to Tract 42 as shown on the SUBDIVISION of Section 19, Township 45 South, Range 43 East, Palm Beach County, according to the plat thereof recorded in Plat Book 7, Page 19, of the Public Records of Palm Beach County, Florida, said portion lying South of the right-of-way line of Old Boynton Road (as currently laid out and in use) as recorded in O.RB. 4276, Page 1105 of the Public Records of Palm Beach County, Florida, and more particularly described as follows: BEGINNING as a point on the west line of said Tract 42, 20 feet south of its original northwest tract corner (said point being on the existing south right-of-way line of Old Boynton Road), thence run southerly along said west line of Tract 42, a distance of 252.13 feet to a point on the north line of a drainage easement as described in O.RB. 10939, Page 1451, Public Records of Palm Beach County, Florida, thence run westerly along said north line of said drainage easement a distance of 30 feet to a point on the east line of Tract 45 as shown on aforesaid plat of the SUBDIVISION of Section 19 (said east line being also the east line of Tract "A" (storm water easement) of the plat of WAL*MART AT BOYNTON BEACH, as recorded in Plat Book 94, Pages 140 & 141, of the said Public Records of Plan Beach County. Florida), thence run northerly along the east line of said Tract 45, a distance of 253.67 feet to a point on the said existing south right-of-way line of said Old Boynton Road, thence run easterly along said south right-of-way line a distance of 30 feet to the POINT OF BEGINNING. SUBJECT TO a 15-foot utility easement over the west 15 feet thereof. CONTAINING 0.17 acres, more or less. , S:ICAIOrdinances\AbandonmentslAbandonment - Portion of Old Boynton 05-001.doc DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 04-272 TO: Chair and Members Planning & Development Board THRU: Michael W. Rumpf Planning and Zoning Director FROM: Eric Lee Johnson, AICP ~ Planner DATE: April 18, 2005 SUBJECT: Abandonment of a portion of a 30-foot right-of-way ABAN 05-001 NATURE OF REOUEST Mr. Christopher Canino, representing Florida Public Utilities, is requesting to abandon a portion of an unimproved 30-foot right-of-way, located on the south side of Old Boynton Road. This unimproved right-of-way is situated between a small parcel of land to the east (owned by the Florida Public Utilities) and a large parcel of land to the west used as the water retention area for Wal*Mart. The abandonment request was submitted on October 12, 2004. The platted right-of-way is 30 feet wide and slightly more than 250 feet long. It is described as follows: A portion of the 30-foot right-of-way lying west of and adjacent to Tract 42 as shown on the SUBDIVISON of Section 19, Township 45 South, Range 43 East, Palm Beach County, according to the plat thereof recorded in Plat Book 7, Page 19, of the Public Records of Palm Beach County, Florida, said portion lying South of the right-of-way line of Old Boynton Road (as currently laid out and in use) as recorded in O.R.B. 4276, Page 1105 of the Public Records of Palm Beach County, Florida, and more particularly described as follows: BEGINNING as a point on the west line of said Tract 42, 20 feet south of its original northwest tract corner (said point being on the existing south right-of-way line of Old Boynton Road), thence run southerly along said west line of Tract 42, a distance of 252.13 feet to a point on the north line of a drainage easement as described in O.R.B. 10939, Page 1451, Public Record of Palm Beach County, Florida, thence run westerly along said north line of said drainage easement a distance of 30 feet to a point on the east line of Tract 45 as shown on aforesaid plat of the SUBDIVISION of Section 19 (said east line being also the east line of Tract "A" (stormwater easement) of the plat of WAL *MART AT BOYNTON BEACH, as recorded in Plat Book 94, Pages 140 & 141, of the said Public Records of Palm Beach County, Florida), thence run northerly along the east line of said Tract 45, a distance of 253.67 feet to a point on the said existing south right-of-way line of said Old Boynton Road, thence run easterly along said south right-of-way line a distance of 30 feet to the POINT OF BEGINNING. Subject to a 15 foot utility easement over the west 15 feet thereof. Although not indicated on the sketch, the applicant has informed staff that the subject right-of-way is 0.17 acres in area. The Exhibit "A" - Location Map shows the general vicinity of the right-of-way to be abandoned. The Exhibit "B"- "Proposed Abandonment" shows the exact location of the subject site and its legal description. The following is a description of the land uses and zoning districts of all properties that surround the subject right-of-way. Page 2 Memorandum No. PZ 04-272 ABAN 05-001 North - Right-of-way for Old Boynton Road, then farther north is developed commercial (Boynton Beach Mall), zoned Community Commercial (C-3); South - Undeveloped drainage easement within the Wal*Mart Supercenter, farther south is an access driveway into the Wal-Mart Supercenter, zoned Community Commercial (C-3); East - Undeveloped property currently owned by Florida Public Utilities, zoned Community Commercial (C-3), then further east is developed commercial property (Steak & Shake), zoned Community Commercial (C-3), still farther east is right-of-way for Winchester Park Boulevard; and West - Developed commercial (retention area and then further west is the main access road for Wal*Mart), zoned Community Commercial (C-3). BACKGROUND Wal*Mart Stores, Incorporated, received site plan approval in August of 1999 to develop a Wal*Mart Supercenter Store, located on the northwest corner of Boynton Beach Boulevard and Winchester Park Boulevard. The plat, originally approved in 1917, showed a 3D-foot wide street right-of-way running north to south across the subject property. The majority of said 30-foot right-of-way had been previously abandoned and incorporated within the Wal*Mart property. The subject abandonment request is for the remaining unimproved road right-of-way, that 'onts on Old Boynton Road and runs southward, terminating along the northern boundary line of an east-west ..Jrainage easement. At one time, this unimproved roadway segment was part of a series of rights-of-way, most of which were abandoned in February of 2000 per Ordinance 00-005 and became part of the Wal*Mart development. This abandonment request would complete the abandonment of the entire right-of-way. The property located directly to the east of the subject right-of-way is owned by Florida Public Utilities. It formerly operated as a Gate Station but is currently operating as a Regulating Station for Florida Public Utilities. ANALYSIS When a right-of-way, such as this unimproved roadway, is abandoned, the ownership of the abandoned land is transferred from the City of Boynton Beach to the abutting property owner(s). Typically, two (2) properties would be affected by an abandonment request. Normally, one-half of the right-of-way is conveyed to one (1) abutting property owner and the other half is conveyed to the other abutting property owner. Adequate public notice was given to all affected property owners in accordance with Chapter 22, Article III, Section 4 of the Land Development Regulations. All public utility companies have been notified and the abandonment request has been advertised in the local newspaper. The applicant requesting this abandonment is the owner of the property to the east, Florida Public Utilities When this request for abandonment was originally submitted in October of 2004, the applicant provided a sketch showing only a portion of the unimproved roadway to be abandoned, leaving a segment of the right-of-way intact. No public utility providers had issue with the subject request. However, upon further review, the City's Utilities Division recommended that the applicant revise the sketch and intended abandonment to include the entire defunct right-of-way to avoid any remnants. The applicant revised the sketch and re-submitted the request for 'andonment. A summary of the responses from the utility companies and city staff is noted as follows: Page 3 Memorandum No. PZ 04-272 ABAN 05-001 CTIY DEPARTMENTS/DIVISIONS Engineering - No objection Public Works / Utilities - Approval with conditions (see Exhibit "c" - Conditions of Approval) Planning and Zoning - No objection PUBLIC UTILTIY COMPANIES Florida Power and Light - No response (see Exhibit "C" - Conditions of Approval). Bell South - No objection Florida Public Utilities Company - No objection Cable Company (Adelphia) - No objection Cable Company (Comcast) - N/A Excluding Florida Power and Light, all public utility providers have indicated that they have no objection to the applicant's request for abandonment. As of today, no response has yet been received from Florida Power and Light. No abandonment request would be complete until an affirmative response is received (see Exhibit "C" - Conditions of Approval). Also, the Utilities Division is requiring that a utility easement be dedicated over the western half (15 feet) of the abandoned portion of the right-of-way. A dedication of a utility easement would grant the City legal access to the property for maintenance or upgrade purposes. RECOMMENDATION Staff has determined that the subject right-of-way does not serve a public purpose, and therefore is recommending approval of the request to abandon the 3D-foot unimproved roadway as described above, subject to the comments included in Exhibit "C" - Conditions of Approval. Any additional conditions recommended by the Planning & Development Board meeting or City Commission will be placed in Exhibit "C" - Conditions of Approval. S:\Planning\SHARED\WP\PROJECTS\Florida Public Utilities\ABAN 05-001\Staff Report.doc . ¡ . I : ! q - " ^--. --- , ì C~3 I I I I i -- ~---~._._---- -----<, - --, r. - . , , " " ,. ~ <'", , . ,. i t, ..-"'. Old Boynton Road ----_._---~._-- -- -.--- --....-- "'0 > OJ ~ -- L... C-3 co a.. L... (]) I ....... en (]) '--'- - ----~ ...c ü c:: ~; I PCD I C-3 ~~ "~ 1~ ( , !--'~"-'-:¡I~""",i i "",'.~-'" MON 10:19 FAX 561 833 8562 FLA PUBLIC l~ILS 1- ,1_ - 04/11/05 . A portion of the 3O-foot right-of-way lying west of and adjacent to Troct 42 as shown on the SUBDIVISION of Secti ;ñ"'1i' ì w ; ; ~ - ~ 1foü1 h ' - -- Range 43 East. Palm Beach County. according to the plat thereof recorded In Plat Book 7. Page 19. of the Publio ¡:; ~CO'1 13 1 f I In: ~a :h C) J II) . Florida, said portion lying South of the right-of-way line of Old Boynton Road (as currently laid nlll Anti in \Jao) ~c roo orcl~, il (.' e ' 2" 0. P ¡ J I 110... tú tho Public Roootd" of Pøhll ß~I;t(;tI county. ",onda, and more particufarty described as follows: BEGINNING as point on the west line of said Tract 42, 20 feet $outh of Its original northwest tract comer (said pc nt bt: '"I C 1 t Ie ( lei: ting ,.) rtl right-of-way line of said Old Boynton Road). thence run southerly along said west line of Tract 42, a distance of 252 13 ~ .~t D \ ~ ,illl or the n ) th line of a drainage ~sement as descnbed In O.R.B. 10939, Page 1451. Public Record of Palm aead1 County, Florid 1. theme ~ I . . w ~.te iy ala) I said north line of said drainage easement 8 distance of 30 feet to a point on the east line of Tract 45 as shown on at )re$<1 d ¡¡ t : r t II SUBDIVISION of Section 19 {said east Hoe being also the east fine of Traet 'A' (storrnwater easement) of the plat of NAL 'M. \F 1 , \T I 0 'NTo.' BEACH. as recorded in Plat Book 94. Pages 140 & 141. of the said Public Records ofPalro Beach County, Florida), thence ~I 11111111:' alcnn ;h, ~ east line of said Tract 45, a distance of 253.67 feet to a point on the said existing south right-of-way Hoe of $aid Old 'Ioyn' Dn R I; 4 . 11m :e run ea$terty along said south right-of-way line a distance of 30 feet to the POINT OF BEGINNING. Subject to a 15 foot utility easement over the west 15 feet thereof.' P.D.B. ..-... - - ... ----.- .. -, -- '-' - -..-- E m INITIA TE > OJ - 'tRN::T '" PARI ;:, STOAMW" TER OJ at ).. ~ 0 . ~ I 1:0 r;ASNENT D.A.B'Ii pc. (110 .~ s.... ro 11- WA T£R EÄS£M£NT NO. 3 .... OA 12728. po. 180~ - --- --.........-'.,- CD . - -----1 . ..... .A ~~ ()F' THE DIWH).C£ ~U£'N'". ,~ en Q) I ~ IN O.R. 101:11. ~ /4$1' .- .c: U I:: '1~WŒR tASCM£NT NO. ~ "- "> ~ O.R, \2125. PG. .~~, SANITU"r 5E.VIIi R -> .. ,'0' STOR'" WATER EASEÑ£NT ~O. 1 DAAINAOE: EAStNEHT O.R. 12128 - o.R. 1272~ PC.18 PO. 1 pO~1 I 1, ~ ~!~I . P ... ---. - -":~jl.. L- 10' $1()IU,t WATER "", ~'. IitNHAOE EAS£MtMT IIfI.r¡fI1Þ O.A, 1212& Pc..18 4 j ;¡r I :I~I_._I~._ A -.. .. - - "" -.- MI'", '" "' ."'" REDU£sr LIt. MI.: . . OLD 8e7nn"ÐH 8WH 04t ICHÐ IU.s. 511ìS-1"St 1-11 II'" 1eII:, .. sII. '!lit. mnoN HEtI I OF , ow PROPOS A P:'Deparlmenls & Divisions nglneenng\DRAWING FILES\CAD ~wlngsl.SOUTH\$4 E1\5165-1_$4E1-()/dboyntDn beach gate !iiãik;;~:C¡~ ,V::!.dWg,; i2:!' EXHIBIT "C" Conditions of Approval Project name: Florida Public Utilities File number: ABAN 05-001 I DEPARTMENTS I INCLUDE I REJECT I PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic Comments: None X UTILITIES Comments: 1. Subject to a 15 foot utility easement over the west 15 feet thereof. X POLICE Comments: None X ENGINEERING DIVISION Comments: None X BUILDING DIVISION Comments: None X PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENT ALIST Comments: None X PLANNING AND ZONING Comments: None X PUBLIC UTILITY PROVIDERS Comments: Conditions of Approval 2 I DEP ARTMENTS I INCLUDE I REJECT I 2. Abandonment request requires an affirmative response from Florida Power & X Light prior to the second reading of the ordinance. ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: 3. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 4. To be determined. S:\Plannìng\SHARED\WP\PROJECTS\Florida Public Utilities\ABAN 05-001\COA.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Florida Public Utilities APPLICANT'S AGENT: Mr. Christopher Canino, Engineering Manager I Florida Public Utilities APPLICANT'S ADDRESS: 401 South Dixie Highway West Palm Beach, FL 33401 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: May 17, 2005 TYPE OF RELIEF SOUGHT: Request abandonment of a portion of a 30-foot unimproved road right-of-way LOCATION OF PROPERTY: Generally located at the southwest corner of Winchester Park Boulevard and Old Boynton Road, more particularly located directly west of undeveloped land, zoned C-3. DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS MA ITER 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 & 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\Florida Public Utilities\ABAN 05-001\DO.doc Meeting Minutes Planning and Development Board Boynton Beach, Florida April 26, 2005 to have a workshop with this Board to present the consultant's findings. The study is not ready for distribution to the Board and he would like to determine how the Board would like to address this. Mr. Rumpf felt it was important that the Board be furnished this information well in advance to provide members an opportunity to review it. After review of the information, a workshop could be scheduled or it could be included on the agenda for a regular meeting. The consultant would also be present in either case. After discussion, it was determined to schedule a workshop one hour earlier on the same day as the Board's regular meeting. Mr. Rumpf will work on this and will advise members whether the workshop would take place before the Mayor June meeting, depending when the study is available. The workshop would take place from 5:30 p.m. to 6:30 p.m. Ms. Jaskiewicz inquired if the M-1 moratorium would affect the car wash on Congress Avenue. Mr. Rumpf stated all projects in the works would be excluded from the moratorium. Ms. Jaskiewicz inquired why a temporary moratorium was initiated for M-1 zoning. Mr. Rumpf felt it dealt more with aesthetics and looking at M-1 in proximity to major corridors that are entryways into the City. 7. Old Business None 8. New Business A. Abandonment 1. Project: Florida Public Utilities (ABAN 05-001) Agent: Christopher Canino, Florida Public Utilities Owner: Florida Public Utilities Company Location: South side of Old Boynton Road approximately 300 feet west of Winchester Park Boulevard Description: Request to abandon a portion of an unimproved 30-foot wide road. Chris Canino, 405 U.S. Highway 1, North Palm Beach, Florida, assumed the podium. Chairman Wische asked the applicant if he agreed with staff comments and he stated he did. Chairman Wische inquired if the applicant received an affirmative response from Florida Power & Light and he stated they have received a response and FP&L has no objection. Eric Johnson, Planner, stated staff recommends approval, subject to the two staff comments. 4 Meeting Minutes Planning and Development Board Boynton Beach, Florida April 26, 2005 Chairman Wische noted there was no one in the public audience to address the issue. Motion Vice Chair Hay moved to approve the request to abandon a portion of an unimproved 3D-foot wide road. Motion seconded by Mr. Casaine and unanimously carried. B. Code Review 1. Project: LDR Revisions (CDRV 05-007) Agent: City Initiated Location: N/A Description: Proposal to amend the Land Development Regulations, Chapter 2, Zoning, Section 4.B, 4.J, and 5.A-5.E, relative to residential district building setbacks, and regulations for fences, walls, and sheds Ed Breese, Principal Planner, presented the item. ../ Building Setbacks The City Commission requested staff during their review and re-write of the Land Development Regulations (LDR) to look at the setbacks in the residential districts due to the magnitude of variance requests that were coming to the City, most of which dealt with rear yard setbacks. While reviewing rear yard setbacks, staff determined to look at all the setbacks so homeowners would be able to expand their homes to add an additional bedroom, meet expanding family needs, etc. In so doing, families would be able to remain in the City instead of having to move. Staff will be making the recommendations (1) to reduce rear-yard setbacks in all single- family zoning districts from 25' to 20'; and (2) to allow an administrative adjustment for setbacks that could be handled in-house by staff. Mr. Breese reviewed the zoning changes that staff could administratively adjust regarding setbacks in R-1 AA zoning districts for single-family homes as follows: ../ Front setbacks of 25' with administrative adjustment could go to 20'. ../ Rear setbacks would be 20' in all districts and with an administrative variance it could go to 15'. ../ Side setbacks are currently 10' and, with an administrative adjustment, could go to 8'. Staff is also recommending the creation of special rear-yard setbacks for properties that abut railroad tracks, 1-95, lakes, the Intracoastal and properties that do not have a "neighbor" in their backyard. In these instances, the rear yard setback could go from 20' to 10'. This category would also include City and private parks. 5 XII. - LEGAL ITEM B.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 o AprilS, 2005 March 14,2005 (Noon.) o June 7, 2005 May 16,2005 (Noon) o April 19,2005 April 4, 2005 (Noon) o June 21,2005 June 6, 2005 (Noon) o May 3, 2005 April 18,2005 (Noon) o July 5, 2005 June 20, 2005 (Noon) [8J May 17, 2005 May 2,2005 (Noon) o July 19,2005 July 5, 2005 (Noon) 0 Administrative 0 Development Plans NATURE OF 0 Consent Agenda 0 New Business AGENDA ITEM 0 Public Hearing [8J Legal 0 Bids 0 Unfinished Business 0 Announcement 0 Presentation 0 City Manager's Report RECOMMENDATION: Request to enter into a new thirty (30) year electric fianchise agreement with Florida Power & Light Company (FPL) providing for the payment offees to the City of Boynton Beach for the nonexclusive right and privilege of supplying electricity and other services within the City fiee of competition fiom the City of Boynton Beach, pursuant to certain terms and conditions. EXPLANATION: The City currently has a thirty (30) year electric fianchise agreement with Florida Power & Light Company (FPL), the terms of which are set forth in Ordinance No. 76-9, passed and adopted March 16, 1976. This fianchise agreement will expire in March 2006 and FPL has submitted a new proposed thirty (30) year agreement. FPL actually fIrst submitted the new fianchise agreement to the City last year, but at the time, City staff raised a number of questions regarding its application to various capital projects. In particular, staff was concerned that the fianchise agreement was not specifIc regarding the City's right to have poles relocated to facilitate sidewalk construction. The fianchise agreement was very detailed regarding highway construction yet there was no reference to sidewalks. This was problematic to staff because the City has begun, and will continue, to install sidewalks near elementary schools. FPL has assured staff that even though the franchise agreement is silent regarding sidewalks, FPL has provided assurance that poles will be relocated in the public right of way at utility expense where necessary in order to construct sidewalks for public use. This is a standard franchise agreement that FPL has with other municipalities. They will be or have already recommended this same franchise agreement to the City of Boca Raton, the Town of Gulf stream, the City of Parkland, and the City of Lauderdale Lakes as their original franchise agreements expire. PROGRAM IMPACT: NONE FISCAL IMP ACT: The proposed new agreement has a new funding formula that will increase the annual fianchise fees paid to the City. The new formula will compute the monthly payments at 5.9% ofbiI1ed revenues based on 100% of FPL's biI1ed revenues, less actual write-offs, from the sale of electrical energy to residential, commercial and industrial customers for the monthly biI1ing period ending 60 days prior to each payment. The old agreement provided for 6.0% of billed revenues, but the fIrst eleven months' payments were based on 90% ofFPL's billed revenue, with the 10% holdback being paid out in the last month of each annual cycle. In addition, the old agreement deducted the ad valorem taxes paid by FPL during that annual cycle. An analysis and comparison of the last annual cycle (April 2003-March 2004) is attached for your review. The new proposed franchise fee formula would have generated an additional $275,076 or 8.28% in fianchise revenues during the last annual cycle. The new formula also enhances the cash flow of the City, as we are not waiting eleven month for the 10% holdback. S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM ALTERNATIVES: The City would have to supply electricity to residents of Boynton Beach or negotiate a franchise '~e<~J¡;::::£" ~ov;dcr Departm' nt Head's 19nature 1--1 rv1AC e Department Name S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC 1 ORDINANCE NO. 05 2 3 4 AN ORDINANCE GRANTING TO FLORIDA POWER & 5 LIGHT COMPANY, ITS SUCCESSORS AND ASSIGNS, AN 6 ELECTRIC FRANCHISE, IMPOSING PROVISIONS AND 7 CONDITIONS RELATING THERETO, PROVIDING FOR 8 MONTHLY PAYMENTS TO THE CITY OF BOYNTON 9 BEACH, AND PROVIDING FOR AN EFFECTIVE DATE. 10 11 12 WHEREAS, the City Commission of the City of Boynton Beach, Florida recognizes 13 that the City of Boynton Beach and its citizens need and desire the continued benefits of electric 14 service; and 15 WHEREAS, the provision of such service requires substantial investments of capital 16 and other resources in order to construct, maintain and operate facilities essential to the provision 17 of such service in addition to costly administrative functions, and the City of Boynton Beach 18 does not desire to undertake to provide such services; and 19 \VHEREAS, Florida Power & Light Company (FPL) is a public utility which has the 20 demonstrated ability to supply such services; and 21 WHEREAS, there is currently in effect a franchise agreement between the City of 22 Boynton Beach and FPL, the tenns of which are set forth in City of Boynton Beach Ordinance 23 No. 76-9, passed and adopted March 16, 1976, and FPL's written acceptance thereof dated 24 March 29, 1976 granting to FPL, its successors and assigns, a thirty (30) year electric franchise 25 ("Current Franchise Agreement"); and 26 WHEREAS, FPL and the City of Boynton Beach desire to enter into a new agreement 27 (New Franchise Agreement) providing for the payment of fees to the City of Boynton Beach in 28 exchange for the nonexclusive right and privilege of supplying electricity and other services S:\CA \Ordinances\FPL Franchsie Agreementdoc 1 1 within the City of Boynton Beach free of competition from the City of Boynton Beach, pursuant I 2 to certain temlS and conditions, and 3 WHEREAS, the City Commission of the City of Boynton Beach deems it to be in the 4 best interest of the City of Boynton Beach and its citizens to enter into the New Franchise 5 Agreement prior to expiration of the Current Franchise Agreement; 6 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE 7 CITY OF BOYNTON BEACH, FLORIDA: 8 Section 1. There is hereby granted to Florida Power & Light Company, its successors 9 and assigns (hereinafter called the "Grantee"), for the period of 30 years from the effective date 10 hereof, the nonexclusive right, privilege and franchise (hereinafter called "franchise") to 11 construct, operate and maintain in, under, upon, along, over and across the present and future 12 roads, streets, alleys, bridges, easements, rights-of-way and other public places (hereinafter 13 called "public rights-of-way") throughout all of tþe incorporated areas, as such incorporated 14 areas may be constituted from time to time, of the City of Boynton Beach, Florida, and its 15 successors (hereinafter called the "Grantor"), in accordance with the Grantee's customary 16 practice with respect to construction and maintenance, electric light and power facilities, 17 including, without limitation, conduits, poles, wires, transmission and distribution lines, and all 18 other facilities installed in conjunction with or ancillary to all of the Grantee's operations 19 (hereinafter called "facilities"), for the purpose of supplying electricity and other services to the 20 Grantor and its successors, the inhabitants thereof, and persons beyond the limits thereof. 21 Section 2. The facilities of the Grantee shall be installed, located or relocated so as to 22 not umeasonably interfere with traffic over the public rights-of-way or with reasonable egress 23 from and ingress to abutting property. To avoid conflicts with traffic, the location or relocation S:\CA \Ordinances\FPL Franchsie Agreement.doc 2 1 of aH facilities shaH be made as representatives of the Grantor may prescribe in accordance with 2 the Grantor's reasonable rules and regulations with reference to the placing and maintaining in, 3 under, upon, along, over and across said public rights-of-way; provided, however, that such rules 4 or regulations (a) shall not prohibit the exercise ofthe Grantee's right to use said public rights-of- 5 way for reasons other than unreasonable interference with motor vehicular traffic, (b) shaH not 6 unreasonably interfere with the Grantee's ability to furnish reasonably sufficient, adequate and 7 efficient electric service to all of its customers, and (c) shaH not require the relocation of any of 8 the Grantee's facilities instaHed before or after the effective date hereof in public rights-of-way 9 unless or until widening or otherwise changing the configuration of the paved portion of any 10 public right-of-way used by motor vehicles causes such installed facilities to unreasonably 11 interfere with motor vehicular traffic. Such rules and regulations shaH recognize that above- 12 grade facilities of the Grantee installed after the effective date hereof should be instaHed near the 13 outer boundaries of the public rights-of-way to the extent possible. When any portion of a public 14 right-of-way is excavated by the Grantee in the location or relocation of any of its facilities, the 15 portion of the public right-of-way so excavated shall within a reasonable time be replaced by the 16 Grantee at its expense and in as good condition as it was at the time of such excavation. The 17 Grantor shall not be liable to the Grantee for any cost or expense in connection with any 18 relocation of the Grantee's facilities required under subsection (c) of this Section, except, 19 however, the Grantee shall be entitled to reimbursement of its costs trom others and as may be 20 provided by law. 21 Section 3. The Grantor shaH in no way be liable or responsible for any accident or 22 damage that may occur in the construction, operation or maintenance by the Grantee of its 23 facilities hereunder, and the acceptance of this ordinance shaH be deemed an agreement on the S:\CA \Ordinances\FPL Franchsie Agreemenldoc 3 1 part of the Grantee to indemnify the Grantor and hold it hannless against any and all liability, 2 loss, cost, damage or expense which may accrue to the Grantor by reason of the negligence, I 3 default or misconduct of the Grantee in the construction, operation or maintenance of its facilities 4 hereunder. 5 Section 4. All rates and rules and regulations established by the Grantee from time to 6 time shaH be subject to such regulation as may be provided by law. 7 Section 5. As a consideration for this franchise, the Grantee shaH pay to the Grantor, 8 commencing 90 days after the effective date hereof, and each month thereafter for the remainder 9 of the tenn of this franchise, an amount which added to the amount of an licenses, excises, fees, 10 charges and other impositions of any kind whatsoever (except ad valorem property taxes and 11 non-ad valorem tax assessments on property) levied or imposed by the Grantor against the 12 Grantee's property, business or operations and those of its subsidiaries during the Grantee's 13 monthly biUing period ending 60 days prior to each such payment wiU equal 5.9 percent of the 14 Grantee's biUed revenues, less actual write-offs, from the sale of electrical energy to residential, 15 commercial and industrial customers (as such customers are defined by FPL's tariff) within the 16 incorporated areas of the Grantor for the monthly bj]Jing period ending 60 days prior to each 17 such payment, and in no event shaH payment for the rights and privileges granted herein exceed 18 5.9 percent of such revenues for any monthly bining period ofthe Grantee. 19 The Grantor understands and agrees that such revenues as described in the preceding 20 paragraph are limited, as in the existing franchise Ordinance No. 76-9, to the precise revenues 21 described therein, and that such revenues do not include, by way of example and not limitation: 22 (a) revenues from the sale of electrical energy for Public Street and Highway Lighting (service 23 for lighting public ways and areas); (b) revenues from Other Sales to Pub1ic Authorities (service S:\CA \Ordinances\FPL Franchsie AgreemenLdoc 4 1 with eligibility restricted to governmental entities); (c) revenues fTom Sales to RaiJroads and 2 Railways (service suppJied for propulsion of electric transit vehides); (d) revenues fTom Sales 3 for Resale (service to other utilities for resale purposes); (e) fTanchise fees; (f) Late Payment 4 Charges; (g) Field Collection Charges; (h) other service charges. 5 Section 6. As a further consideration, during the term of this fTanchise or any 6 extension thereof, the Grantor agrees: (a) not to engage in the distribution and/or sale, in 7 competition with the Grantee, of electric capacity and/or electric energy to any ultimate 8 consumer of electric utility service (herein called a "retail customer") or to any electrical 9 distribution system established solely to serve any retail customer formerly served by the 10 Grantee, (b) not to participate in any proceeding or contractual arrangement, the purpose or terms 11 of which would be to obligate the Grantee to transmit and/or distribute, electric capacity and/or 12 electric energy fTom any third party(ies) to any other retail customer's faciJity(ies), and (c) not to 13 seek to have the Grantee transmit and/or distribute electric capacity and/or electric energy 14 generated by or on behalf of the Grantor at one location to the Grantor's facility(ies) at any other 15 location(s). Nothing specified herein shall prohibit the Grantor fTom engaging with other utilities 16 or persons in wholesale transactions which are subject to the provisions of the Federal Power 17 Act. 18 Nothing herein shaH prohibit the Grantor, if permitted by law, (i) fTom purchasing 19 electric capacity and/or electric energy fTom any other person, or (ii) fTom seeking to have the 20 Grantee transmit and/or distribute to any facility(ies) of the Grantor electric capacity and/or 21 electric energy purchased by the Grantor fTom any other person; provided, however, that before 22 the Grantor elects to purchase electric capacity and/or electric energy trom any other person, the 23 Grantor shall notify the Grantee. Such notice shaH indude a summary of the specific rates, S:\CA \Ordinances\FPL Franchsie Agreementdoc 5 i 1 tenns and conditions which have been offered by the other person and identify the Grantor's I 2 facilities to be served under the offer. The Grantee shall thereafter have 90 days to evaluate the 3 offer and, if the Grantee offers rates, tenns and conditions which are equal to or better than 4 those offered by the other person, the Grantor shall be obligated to continue to purchase from 5 the Grantee electric capacity and/or electric energy to serve the previously-identified facilities 6 of the Grantor for a tenn no shorter than that offered by the other person. If the Grantee does 7 not agree to rates, tenns and conditions which equal or better the other person's offer, all of the 8 tenns and conditions of this franchise shall remain in effect. 9 Section 7. If the Grantor grants a right, privilege or franchise to any other person or 10 otherwise enables any other such person to construct, operate or maintain electric light and 11 power facilities within any part of the incorporated areas of the Grantor in which the Grantee 12 may lawfully serve or compete on tenns and conditions which the Grantee detennines are more 13 favorable than the tenns and conditions contained herein, the Grantee may at any time thereafter 14 tenninate this franchise if such tenns and conditions are not remedied within the time period 15 provided hereafter. The Grantee shall give the Grantor at least 60 days advance written notice of 16 its intent to tenninate. Such notice shall, without prejudice to any of the rights reserved for the 17 Grantee herein, advise the Grantor of such tenns and conditions that it considers more favorable. 18 The Grantor shall then have 60 days in which to correct or otherwise remedy the tenns and 19 conditions complained of by the Grantee. If the Grantee detennines that such tenns or 20 conditions are not remedied by the Grantor within said time period, the Grantee may tenninate 21 this franchise agreement by delivering written notice to the Grantor's Clerk and tennination shall 22 be effective on the date of delivery of such notice. S:\CA\Ordinances\FPL Franchsie Agreementdoc 6 1 Section 8. If as a direct or indirect consequence of any legislative, regulatory or other 2 action by the United States of America or the State of Florida (or any department, agency, 3 authority, instrumentality or political subdivision of either of them) any person is pennitted to 4 provide electric service within the incorporated areas of the Grantor to a customer then being 5 served by the Grantee, or to any new applicant for electric service within any part of the 6 incorporated areas of the Grantor in which the Grantee may lawfully serve, and the Grantee 7 determines that its obligations hereunder, or otherwise resulting rrom this rranchise in respect to 8 rates and service, place it at a competitive disadvantage with respect to such other person, the 9 Grantee may, at any time after the taking of such action, terminate this rranchise if such 10 competitive disadvantage is not remedied within the time period provided hereafter. The 11 Grantee shall give the Grantor at least 90 days advance written notice of its intent to terminate. 12 Such notice shall, without prejudice to any of the rights reserved for the Grantee herein, advise 13 the Grantor of the consequences of such action which resulted in the competitive disadvantage. 14 The Grantor shall then have 90 days in which to correct or otherwise remedy the competitive 15 disadvantage. If such competitive disadvantage is not remedied by the Grantor within said time 16 period, the Grantee may terminate this rranchise agreement by delivering written notice to the 17 Grantor's Clerk and termination shall take effect on the date of delivery of such notice. 18 Section 9. Failure on the part ofthe Grantee to comply in any substantial respect with 19 any of the provisions of this rranchise shall be grounds for forfeiture, but no such forfeiture shall 20 take effect if the reasonableness or propriety thereof is protested by the Grantee until there is 21 final determination (after the expiration or exhaustion of all rights of appeal) by a court of 22 competent jurisdiction that the Grantee has failed to comply in a substantial respect with any of 23 the provisions of this franchise, and the Grantee shall have six months after such final S:\CA \Ordinances\FPL Franchsie Agreementdoc 7 I 1 detennination to make good the default before a forfeiture shall result with the right of the I 2 Grantor at its discretion to grant such additional time to the Grantee for compliance as necessities 3 in the case require. 4 Section 10. Failure on the part of the Grantor to comply in substantial respect with any 5 of the provisions of this ordinance, including but not limited to: (a) denying the Grantee use of 6 public rights-of-way for reasons other than unreasonable interference with motor vehicular 7 traffic; (b) imposing conditions for use of public rights-of-way contrary to Florida law or the 8 tenns and conditions of this franchise; (c) unreasonable delay in issuing the Grantee a use pennit, 9 if any, to construct its facilities in public rights-of-way, shall constitute breach of this franchise 10 and entitle the Grantee to withhold all or part of the payments provided for in Section 5 hereof 11 until such time as a use pennit is issued or a court of competent jurisdiction has reached a final 12 detennination in the matter. The Grantor recognizes and agrees that nothing in this franchise 13 agreement constitutes or shall be deemed to constitute a waiver of the Grantee's delegated 14 sovereign right of condemnation and that the Grantee, in its sole discretion, may exercise such 15 right. 16 Section 11. The Grantor may, upon reasonable notice and within 90 days after each 17 anniversary date of this franchise, at the Grantor's expense, examine the records of the Grantee 18 relating to the calculation of the franchise payment for the year preceding such anniversary date. 19 Such examination shall be during nonnal business hours at the Grantee's office where such 20 records are maintained. Records not prepared by the Grantee in the ordinary course of business 21 may be provided at the Grantor's expense and as the Grantor and the Grantee may agree in 22 writing. Infonnation identifying the Grantee's customers by name or their electric consumption 23 shall not be taken from the Grantee's premises. Such audit shall be impartial and all audit S:\CA\Ordinances\FPL Franchsie Agreementdoc 8 \ 1 findings, whether they decrease or increase payment to the Grantor, shaH be reported to the 2 Grantee. The Grantor's right to examine the records of the Grantee in accordance with this 3 Section shaH not be conducted by any third party employed by the Grantor whose fee, in whole 4 or part, for conducting such audit is contingent on findings of the audit. 5 Grantor waives, settles and bars an claims relating in any way to the amounts paid by 6 the Grantee under the Current Franchise Agreement embodied in Ordinance No. 76-9. 7 Section 12. The provisions of this ordinance are interdependent upon one another, and 8 if any of the provisions of this ordinance are found or adjudged to be invalid, iHegal, void or of 9 no effect, the entire ordinance shall be nun and void and of no force or effect. 10 Section 13. As used herein "person" means an individual, a partnership, a cmporation, 11 a business trust, a joint stock company, a trust, an incorporated association, a joint venture, a 12 governmental authority or any other entity of whatever nature. 13 Section 14. Ordinance No. 76-9, passed and adopted March 16, 1976 and all other 14 ordinances and parts of ordinances and all resolutions and parts of resolutions in conflict 15 herewith, are hereby repealed. 16 Section 15. As a condition precedent to the taking effect of this ordinance, the Grantee 17 shaH file its acceptance hereof with the Grantor's Clerk within 30 days of adoption of this 18 ordinance. The effective date of this ordinance shaH be the date upon which the Grantee files 19 such acceptance. 20 S:\CA\Ordinances\FPL Franchsie Agreementdoc 9 i i 1 FIRST READING this _ day of ,2005. I 2 3 4 SECOND, FINAL READING AND PASSAGE this _ day of ,2005. 5 6 7 CITY OF BOYNTON BEACH, FLORIDA 8 9 10 11 Mayor 12 13 14 Vice Mayor 15 16 17 Commissioner 18 19 20 Commissioner 21 22 23 Commissioner 24 ATTEST: 25 26 27 28 City Clerk 29 30 31 APPROVED AS TO FORM AND LEGALITY: 32 33 34 . 35 36 City Attorney, City of Boynton Beach, Florida S:\CA \Ordinances\FPL Franchsie Agreemenldoc 10 ORDINANCE NO. AN ORDINANCE GRANTING TO FLORIDA POWER & LIGHT COMPANY, ITS SUCCESSORS AND ASSIGNS, AN ELECTRIC FRANCHISE, IMPOSING PROVISIONS AND CONDITIONS RELATING THERETO, PROVIDING FOR MONTHLY PAYMENTS TO THE CITY OF BOYNTON BEACH, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Boynton Beach, Florida recognizes that the City of Boynton Beach and its citizens need and desire the continued benefits of electric service; and WHEREAS, the provision of such service requires substantial investments of capital and other resources in order to construct, maintain and operate facilities essential to the provision of such service in addition to costly administrative functions, and the City of Boynton Beach does not desire to undertake to provide such services; and WHEREAS, Florida Power & Light Company (FPL) is a public utility which has the demonstrated ability to supply such services; and WHEREAS, there is currently in effect a franchise agreement between the City of Boynton Beach and FPL, the terms of which are set forth in City of Boynton Beach Ordinance No. 76-9, passed and adopted March 16, 1976, and FPL's written acceptance thereof dated March 29, 1976 granting to FPL, its successors and assigns, a thirty (30) year electric franchise ("Current Franchise Agreement"); and WHEREAS, FPL and the City of Boynton Beach desire to enter into a new agreement (New Franchise Agreement) providing for the payment of fees to the City of Boynton Beach in exchange for the nonexclusive right and privilege of supplying electricity 1 and other services within the City of Boynton Beach free of competition from the City of Boynton Beach, pursuant to certain terms and conditions, and WHEREAS, the City Commission of the City of Boynton Beach deems it to be in the best interest of the City of Boynton Beach and its citizens to enter into the New Franchise Agreement prior to expiration of the Current Franchise Agreement; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA: Section 1. There is hereby granted to Florida Power & Light Company, its successors and assigns (hereinafter called the "Grantee"), for the period of 30 years from the effective date hereof, the nonexclusive right, privilege and franchise (hereinafter called "franchise") to construct, operate and maintain in, under, upon, along, over and across the present and future roads, streets, alleys, bridges, easements, rights-of-way and other public places (hereinafter called "public rights-of-way") throughout all of the incorporated areas, as such incorporated areas may be constituted from time to time, of the City of Boynton Beach, Florida, and its successors (hereinafter called the "Grantor"), in accordance with the Grantee's customary practice with respect to construction and maintenance, electric light and power facilities, including, without limitation, conduits, poles, wires, transmission and distribution lines, and all other facilities installed in conjunction with or ancillary to all of the Grantee's operations (hereinafter called "facilities"), for the purpose of supplying electricity and other services to the Grantor and its successors, the inhabitants thereof, and persons beyond the limits thereof. 2 Section 2. The facilities of the Grantee shall be installed, located or relocated so as to not unreasonably interfere with traffic over the public rights-of-way or with reasonable egress from and ingress to abutting property. To avoid conflicts with traffic, the location or relocation of all facilities shall be made as representatives of the Grantor may prescribe in accordance with the Grantor's reasonable rules and regulations with reference to the placing and maintaining in, under, upon, along, over and across said public rights-of-way; provided, however, that such rules or regulations (a) shall not prohibit the exercise of the Grantee's right to use said public rights-of-way for reasons other than unreasonable interference with motor vehicular traffic, (b) shall not unreasonably interfere with the Grantee's ability to furnish reasonably sufficient, adequate and efficient electric service to all of its customers, and (c) shall not require the relocation of any of the Grantee's facilities installed before or after the effective date hereof in public rights-of-way unless or until widening or otherwise changing the configuration of the paved portion of any public right- of-way used by motor vehicles causes such installed facilities to unreasonably interfere with motor vehicular traffic. Such rules and regulations shall recognize that above-grade facilities of the Grantee installed after the effective date hereof should be installed near the outer boundaries of the public rights-of-way to the extent possible. When any portion of a public right-of-way is excavated by the Grantee in the location or relocation of any of its facilities, the portion of the public right-of-way so excavated shall within a reasonable time be replaced by the Grantee at its expense and in as good condition as it was at the time of such excavation. The Grantor shall not be liable to the Grantee for any cost or expense in connection with any relocation of the Grantee's facilities required under subsection (c) of 3 this Section, except, however, the Grantee shall be entitled to reimbursement of its costs from others and as may be provided by law. Section 3. The Grantor shall in no way be liable or responsible for any accident or damage that may occur in the construction, operation or maintenance by the Grantee of its facilities hereunder, and the acceptance of this ordinance shall be deemed an agreement on the part of the Grantee to indemnify the Grantor and hold it harmless against any and all liability, loss, cost, damage or expense which may accrue to the Grantor by reason of the negligence, default or misconduct of the Grantee in the construction, operation or maintenance of its facilities hereunder. Section 4. All rates and rules and regulations established by the Grantee from time to time shall be subject to such regulation as may be provided by law. Section 5. As a consideration for this franchise, the Grantee shall pay to the Grantor, commencing 90 days after the effective date hereof, and each month thereafter for the remainder of the term of this franchise, an amount which added to the amount of all licenses, excises, fees, charges and other impositions of any kind whatsoever (except ad valorem property taxes and non-ad valorem tax assessments on property) levied or imposed by the Grantor against the Grantee's property, business or operations and those of its subsidiaries during the Grantee's monthly billing period ending 60 days prior to each such payment will equal 5.9 percent of the Grantee's billed revenues, less actual write-offs, from the sale of electrical energy to residential, commercial and industrial customers (as such customers are defined by FPL's tariff) within the incorporated areas of the Grantor for the monthly billing period ending 60 days prior to each such payment, and in no event 4 shall payment for the rights and privileges granted herein exceed 5.9 percent of such revenues for any monthly billing period of the Grantee. The Grantor understands and agrees that such revenues as described in the preceding paragraph are limited, as in the existing franchise Ordinance No. 76-9, to the precise revenues described therein, and that such revenues do not include, by way of example and not limitation: (a) revenues from the sale of electrical energy for Public Street and Highway Lighting (service for lighting public ways and areas); (b) revenues from Other Sales to Public Authorities (service with eligibility restricted to governmental entities); (c) revenues from Sales to Railroads and Railways (service supplied for propulsion of electric transit vehicles); (d) revenues from Sales for Resale (service to other utilities for resale purposes); (e) franchise fees; (f) Late Payment Charges; (g) Field Collection Charges; (h) other service charges. Section 6. As a further consideration, during the term of this franchise or any extension thereof, the Grantor agrees: (a) not to engage in the distribution and/or sale, in competition with the Grantee, of electric capacity and/or electric energy to any ultimate consumer of electric utility service (herein called a "retail customer") or to any electrical distribution system established solely to serve any retail customer formerly served by the Grantee, (b) not to participate in any proceeding or contractual arrangement, the purpose or terms of which would be to obligate the Grantee to transmit and/or distribute, electric capacity and/or electric energy from any third party(ies) to any other retail customer's facility(ies), and (c) not to seek to have the Grantee transmit and/or distribute electric capacity and/or electric energy generated by or on behalf of the Grantor at one location to the Grantor's facility(ies) at any other location(s). Nothing specified herein shall prohibit 5 the Grantor from engaging with other utilities or persons in wholesale transactions which are subject to the provisions of the Federal Power Act. Nothing herein shall prohibit the Grantor, if permitted by law, (i) from purchasing electric capacity and/or electric energy from any other person, or (ii) from seeking to have the Grantee transmit and/or distribute to any facility(ies) of the Grantor electric capacity and/or electric energy purchased by the Grantor from any other person; provided, however, that before the Grantor elects to purchase electric capacity and/or electric energy from any other person, the Grantor shall notify the Grantee. Such notice shall include a summary of the specific rates, terms and conditions which have been offered by the other person and identify the Grantor's facilities to be served under the offer. The Grantee shall thereafter have 90 days to evaluate the offer and, if the Grantee offers rates, terms and conditions which are equal to or better than those offered by the other person, the Grantor shall be obligated to continue to purchase from the Grantee electric capacity and/or electric energy to serve the previously-identified facilities of the Grantor for a term no shorter than that offered by the other person. If the Grantee does not agree to rates, terms and conditions which equal or better the other person's offer, all of the terms and conditions of this franchise shall remain in effect. Section 7. If the Grantor grants a right, privilege or franchise to any other person or otherwise enables any other such person to construct, operate or maintain electric light and power facilities within any part of the incorporated areas of the Grantor in which the Grantee may lawfully serve or compete on terms and conditions which the Grantee determines are more favorable than the terms and conditions contained herein, the Grantee may at any time thereafter terminate this franchise if such terms and conditions 6 are not remedied within the time period provided hereafter. The Grantee shall give the Grantor at least 60 days advance written notice of its intent to terminate. Such notice shall, without prejudice to any of the rights reserved for the Grantee herein, advise the Grantor of such terms and conditions that it considers more favorable. The Grantor shall then have 60 days in which to correct or otherwise remedy the terms and conditions complained of by the Grantee. If the Grantee determines that such terms or conditions are not remedied by the Grantor within said time period, the Grantee may terminate this franchise agreement by delivering written notice to the Grantor's Clerk and termination shall be effective on the date of delivery of such notice. Section 8. If as a direct or indirect consequence of any legislative, regulatory or other action by the United States of America or the State of Florida (or any department, agency, authority, instrumentality or political subdivision of either of them) any person is permitted to provide electric service within the incorporated areas of the Grantor to a customer then being served by the Grantee, or to any new applicant for electric service within any part of the incorporated areas of the Grantor in which the Grantee may lawfully serve, and the Grantee determines that its obligations hereunder, or otherwise resulting from this franchise in respect to rates and service, place it at a competitive disadvantage with respect to such other person, the Grantee may, at any time after the taking of such action, terminate this franchise if such competitive disadvantage is not remedied within the time period provided hereafter. The Grantee shall give the Grantor at least 90 days advance written notice of its intent to terminate. Such notice shall, without prejudice to any of the rights reserved for the Grantee herein, advise the Grantor of the consequences of such action which resulted in the competitive disadvantage. The Grantor shall then have 7 90 days in which to correct or otherwise remedy the competitive disadvantage. If such competitive disadvantage is not remedied by the Grantor within said time period, the Grantee may terminate this franchise agreement by delivering written notice to the Grantor's Clerk and termination shall take effect on the date of delivery of such notice. Section 9. Failure on the part of the Grantee to comply in any substantial respect with any of the provisions of this franchise shall be grounds for forfeiture, but no such forfeiture shall take effect if the reasonableness or propriety thereof is protested by the Grantee until there is final determination (after the expiration or exhaustion of all rights of appeal) by a court of competent jurisdiction that the Grantee has failed to comply in a substantial respect with any of the provisions of this franchise, and the Grantee shall have six months after such final determination to make good the default before a forfeiture shall result with the right of the Grantor at its discretion to grant such additional time to the Grantee for compliance as necessities in the case require. Section 10. Failure on the part of the Grantor to comply in substantial respect with any of the provisions of this ordinance, including but not limited to: (a) denying the Grantee use of public rights-of-way for reasons other than unreasonable interference with motor vehicular traffic; (b) imposing conditions for use of public rights-of-way contrary to Florida law or the terms and conditions of this franchise; (c) unreasonable delay in issuing the Grantee a use permit, if any, to construct its facilities in public rights-of-way, shall constitute breach of this franchise and entitle the Grantee to withhold all or part of the payments provided for in Section 5 hereof until such time as a use permit is issued or a court of competent jurisdiction has reached a final determination in the matter. The Grantor recognizes and agrees that nothing in this franchise agreement constitutes or shall 8 be deemed to constitute a waiver of the Grantee's delegated sovereign right of condemnation and that the Grantee, in its sole discretion, may exercise such right. Section 11. The Grantor may, upon reasonable notice and within 90 days after each anniversary date of this franchise, at the Grantor's expense, examine the records of the Grantee relating to the calculation of the franchise payment for the year preceding such anniversary date. Such examination shall be during normal business hours at the Grantee's office where such records are maintained. Records not prepared by the Grantee in the ordinary course of business may be provided at the Grantor's expense and as the Grantor and the Grantee may agree in writing. Information identifying the Grantee's customers by name or their electric consumption shall not be taken from the Grantee's premises. Such audit shall be impartial and all audit findings, whether they decrease or increase payment to the Grantor, shall be reported to the Grantee. The Grantor's right to examine the records of the Grantee in accordance with this Section shall not be conducted by any third party employed by the Grantor whose fee, in whole or part, for conducting such audit is contingent on findings of the audit. Grantor waives, settles and bars all claims relating in any way to the amounts paid by the Grantee under the Current Franchise Agreement embodied in Ordinance No. 76-9. Section 12. The provisions of this ordinance are interdependent upon one another, and if any of the provisions of this ordinance are found or adjudged to be invalid, illegal, void or of no effect, the entire ordinance shall be null and void and of no force or effect. 9 Section 13. As used herein "person" means an individual, a partnership, a corporation, a business trust, a joint stock company, a trust, an incorporated association, a joint venture, a governmental authority or any other entity of whatever nature. Section 14. Ordinance No. 76-9, passed and adopted March 16, 1976 and all other ordinances and parts of ordinances and all resolutions and parts of resolutions in conflict herewith, are hereby repealed. Section 15. As a condition precedent to the taking effect of this ordinance, the Grantee shall file its acceptance hereof with the Grantor's Clerk within 30 days of adoption of this ordinance. The effective date of this ordinance shall be the date upon which the Grantee files such acceptance. PASSED on first reading this day of ,2005. PASSED AND ADOPTED on second reading this day of ,2005. CITY OF BOYNTON BEACH, FLORIDA By: ATTEST: By: City Clerk, City of Boynton Beach, Florida APPROVED AS TO FORM AND LEGALITY: City Attorney, City of Boynton Beach, Florida 10 f"-.V(J)Q M M "0 .. 0 .......'" 0 0 '" 0 000 '" '" ·~·I "'.....N ..... '" "! O~~ '" "'.....N ..... ..... '" 0 O~~ .. CO O~'" -ILOOa> on N ,..: N OrDW N -ItOoai on on .,¡ ci OeDeD o;j on 0..t1.l".Î «CO<D~ .. '" N "'''0 .. C("''''~ ;! .. '" .... 0 ..... "''''..... ~ CO_ ......~ M~ ..... ..... M "'''' '" ~ ~~_M~ '" "'''' 0 "'''0 aVOC> ... c:i c:i Ñ f.ÕÑ ",. ai aVOC> i .¡ ,...: ÑÑ c:i oñ cD T-- iÔ ~O:Õ~ '" ..... .. .. MM '" ~~O(C '" N MM '" ..... M"'..... ". ..... M M M M M 0"'", ". ": "'. '" ... M N iÔiÔ ;Ö c:i M M uiiÔ ;Ö <õ M M MN '" MN "'N.. ;,c; ;,c; '" ;;¡ "''''.. '" U')NV..... ;,c; '" "'''' '" ..... ~"'''''' '" 0.....'" '" ~"'''''' '" '" .......... ..... ~-¢-¢O oi '" <ri aiocô o;j "I:t..t-.:io oi oi .0 00 on ..; c~ 9....N 0 0 M N MN", '" O"'ltVN 0 0 0 NN '" ~ ....VC>N '" '" '" M "'''' ..... M ~VC>N '" '" ". "'''' '" '" 0", ra Ñ ~ CO- ci ci c:i Ñ ai ci ..... CO ~ - - ci ci ci '" Utri :;¡N~'" ~"'a)C> M M '" .. N M ..... "''''''' M M '" '" ~ M'" .. .. N M '" M'" .. .. N N .., " 0 Ñ.....- .¡ .¡ Ñ"': .¡ ... "0- ti~ 0 .....00...... '" M "''''.. '" .....OOT- ;;; "'''' N ~ ë<ci N"'", '" '" '" 0.....'" 0 N"'", '" M .......... '" <D~ VCÔar>C\i <ri o;j <ri CÔOCÔ o;j VCÔ.nC\i <ri <ri o;j 00 ,..: ,,¡ E <D O""'a)T- ..... .. N MN", '" 'i'....."'~ ..... ..... N NN '" ... '" <D II <'! o_q N. .. '" "''''..... 0 ..c <'to_a> "! N "'''' M .., "'LL CDM"'f"O '" ci ;; ai ci CD("),,¢O '" o;j .¡ M Ñ m .~ LLNCOf"-. ..... M N M LLNa)"'" ..... ..... '" '" II> ..'" .. O. N N ..'" .. .. N N «.c; Ñ"': .¡ .. Ñ"': .¡ .¡ ~ g N "''''.. '" "'N.. M "'''' .. c: ~ ~ II>N.. a; N 0; a; ~ O_LL M.....'" ..... .. 0"'0 M M.....'" '" "'''' '" ;oc: VNMtO ;,c; oj ci CÒ-.:iM ,..: "I:tNMtri ;,c; ci ...f.. on oå ~.§ .~ O......"¢N ..... .. M"'M 0 'i'~"N '" N "'''' 0 ë: "!.,...._ .....~ O. '" "!. '" ..... ..... M c: ~,....~ .....~ "!. 0 .......... .. ~ COM.....(J) .. ci ;Ö mci ci ci COMT'""(J) .. .,¡ c:i 0- ci .¡ i g~g -,O"¢co M '" NM'" 0 '12è1;'" M M '" MM '" .....0 '" M. N N '" '" N N !¡¡ .ê -g ÑÑ .¡ .. ÑÑ .¡ .¡ lrûJlr IOCDNM '" '" ~.....", '" "'CONM M '" .......... .., ~M'" .. '" II> N~M .....C"')(J)"¢ .. '" ~ "! M"';""':.n .,¡ '" o;j cDNcO ci ç~~~~ .,¡ oj NN ;; ~ 'i'N~" '" ..... '" ~~N ..... '" '" ~ ~ ..... U to_ to_ C>~ O. '" '" .. .. U ~\t')_~q O. '" '" 'ot CI)"'(")T"'" ai ci ,...: ,...: M Cl)U)C"')..- c:i c:i Ñ QmMCO 0 0 ..... N N .. Q(J)MQJ 0 '" '" '" <ON '" N N "'N 0 N N N-N- c:i ... ÑÑ c:i ",. ""'N N ..... .. ~.....", '" "¢CDNN N M .......... '" 0 ~"''' '" '" 0 N~M '" ~"''' '" '" .. N '" MariON :e ci ,..: cDNo:) o;j q~:gfJ o;j o;j o;j NN ¡è ,..: nI ~~~~~ '" .. ~~N ..... ..... '" ~ ~ '" :; "! .. '" .. .. .. > C1.I_ (")~ cn~ "! N M. "'- '" OOa)coco ,...: c:i ,...: ,...: ",. OOCOD)a) c:i 0 0 Ñ E Z..........,.... 0 '" ..... N N .. Z.......-r--o 0 '" ... '" ~ "'. N N "'~ ~ M M 0 ÑÑ c:i .. ÑÑ ui ",. u. GI .. "''''..... '" 0 0 ~.....'" M .. cnm,....tO '" '" .......... '" '" GI :; ~.....", '" '" N~M '" :; .....,.... to to '" '" ~ ~ M ..... xu. MOOW ,..: <ri oi <DNa) ci E MOOeD""': ,..: o;j NN cO c:i ê 'i''''MN 0 ..... ~ ~ N '" ~~~gg 0 '" ~ ~ è1; '" oë~ _"¢,,¢O '" M '" .. .. ~ '" 0 '" 0 <3 ci ~.....- c:i c:i ,...: ,...: ,...: ci LL 8 ci "¢~...: an ",. c:i c:i oñ « GI '" LL N"'", '" N 0 N N '" NmD)m '" M M on W E z "tI NM '" M N ~ NM "'. '" M M m GI . Õ C"'iÑ ",. '" M-N" '" ",. z ! g! z E cowo"¢ N '" ~.....", '" E COtDO"¢ .. '" .......... N 'ot ') CI"tI <D ~..", N ..... ..... N~M M T'"""¢tON N '" ..... .., -«õ E MN..tcri on N .0 <ONai ,..: <D 9~i:8~ on oj NN ..¡ Z GI- <D l'è ~~~ N '" ;,c; ~~N '" E N '" ~ ~ ;::: :g >- .!!! ~ <D '" N .. .. M '" Q.<'tr--:.U1.~ '" '" '" ~ CDT'""O"f- M ci c:i ,...: ,...: c:i ~ <Þ-.....O.....M M c:i c:i ,...: O.co c( U)I{)OCO M M N N N '" U)lOOa)M M '" '" on m U.J!! "'.. 0 .. M N c( "'.. 0 0 M M u... ~ :a <D riÑ c:i c:i <D <"iÑ co- c:i en en °U.E :2 f'-..MlOl() N '" ~.....", :2 r--MlOtO '" M .......... <0 II> U ~ ~ <3 c: .....COMM "": '" N~M '" U T'""COMC"') M '" .. "! 9~S~~ N CÒNcO .,¡ c: quiMOai oi o;j NN cO .. '" .. ~ - GI It N Cñ ~~N '" It ......T'""ON N 0 ~ ~ '" ~ oz g':':c:iai .. .. .. g~~~; '" '" ~ ...J c:i ai ,...: ,...: Ñ ...J ai c:i c:i :8 - Q. <,....m,....(") '" 0 N N '" Q. <,....cn""'M M M M 0 LL ..~ ..... M N LL ..~ ..... ..... M M t/) C"iÑ ui c:i ct'iÑ ui c:i u¡ >. 0"-0>0 '" ;;; ~.....", M O-mo 0 '" .......... N '" ¡;¡ or--.,....", ~ N~M '" 0""''''''", '" 0 '" '" MOO""":"';"": N on cDNcO <ri MCÔ"":"';""': ,..: ,..: NN .,¡ ,..: C ÇM.....OtO ~ ~ N '" "M..-01.O '" M ~ ~ N .., « _0>0>10('1') ~ .. .. "!. _œm"'M M ..... ..... 0 ::J ...: M~ a;j "¢- ;;; ai ,...: ,...: ;,c; ::J "':M-a:ior:; ... ...... ...... c:i ,,....,....,....'" 0 N N ,,....,...,....'" N M M '" CON ..... M N CON ..... ..... M M M-Ñ c:i c:i MÑ c:i c:i 0.....0_ N ~.....", CO 0..... 0 T'"" Cñ M .......... '" .., NM"¢C1.I '" '" N~co "! NMvo> ~ ~ '" ..... Mo)"';MM oj oi rDC'ia;) N Mo)"':MM oj ci NN ,..: ~ "0>.....0)0 '" .. ~~N 00).....0>0 0 '" ~~ '" c tq.qUl......_ .. 0 .. .. '" ë: U1.~~....._ '" '" .., :JONNCO ,...: ci ,...: ,...: Ñ ~ª8¡;:j~ c:i oñ ",. M 'OO<Oco '" '" ... N '" '" 0 0 II> ~o ~ '" N N M M MN- ui .¡ M-Ñ tÕ c:i Nr--OO> ;; '" ~.....", '" N""OCD '" '" .......... ;::: .., C?NNr-- N~M ..... MNN,... ..... '" '" 9~g¡:j!;j oi ci <ÒNcrj <õ q~g~~ oj o;j NN <ri t '" '" ~~N j:! ~ ~ ~ '" ;!, O."!.":.":. '" .. .. .. :i: "!."!.......":. ...... "! CO N <0,.... 1.0 c:i ,...: ,...: ,...: ci CO N co....... 10 c:i ;,c; ~ ::!:MCO,....,.... '" '" N N CO :EMtD,....,.... ..... '" on .....'" ..... "! N N .....'" ..... ..... N N Ñ.....- or:; .. Ñ T'""~ "'f'- .¡ .......-COaJ '" '" ~.....", ..... ;Ö;Ö¡g~ '" '" .......... ;::: ;¡ CO fD 0>..... .. N~M ..... '" .., cO a> cri"": N on cDC'ia;) cO .., côcria:i"": ,..: oi NN ,..: g 'i' NCO"'f'-v '" ;;;. ~~N '" 'i' ~¡¡¡~~ .. .. ~ ~ M 13 OMIO(J) N .. .. ..... I~ '" '" '" ..... "':T'""-or:;cD ci ;; ,...: ,...: M ...: ...: or:; co- eD M M ~ « co.....,... co N N N N « co............(o '" '" '" "0> .. 0 N ..'" .. .. N N Ñ"': .or:; .¡ Ñ"': or:; .¡ '" 1: en 1: 2: '" <D 2: '" <D U - '" <D ~ U - '" <D '" " c: c: c: ~ .. <D <D ~ 0 .. <D <D ~ U <D 0 -'" en ~~ en <D 0 -'" en~~~ c: " '" ~ "0 .. E ~ ~ "tI ~ c: 0 0 .§ i:2 a. ;, '" õ a. ~ ~ <D <ri .c; <D <D c:i .c; B~~~ <D <D " * <D > " ~ <D ë c: g~·E.g LL <D c: 0 LL Ir 0 Ir o c:(;t:! :J <D <D ::. <D <D <D .g~~~ <D "tI > <D ""C)(L..Q) '" "0 > <D :::. ~~~~ <D LL ~~~~ -ro II) <D LL '" ~ Ir 1: :ë Ir 1: O~Q.~ :ë <D <D u ~'~1ijffi <D <D 0 z 1D '" ....--nJ c: 1D '" ~~~~ c: :ë E ~~~~ .. "'~:SE :ë E !!' ,,; -8E.bro z u -¡¡¡ E c: c: or z 0 -¡¡¡ ~c:c:~ > ëñE~õ Õ c: " >."c: ~E~O Õ c: " c: c: LL Q)o""Ct- .. ï5" ..«« 1D <Do-g~ .. ï5" ..«« 1D "tI £rOE ~ or « a. Z IrU_ ~ or « a. z Õ - _._-, -".' -~ II ~ - .~ :1 - ! ! ORDINANCE NO. 76:"9 AN QRDINANCE QF THE CITY OF,' BOYNTON BEACH, 'I FLORIDA.. . REPE.ALINGORDINANCE NO. 199 IN ITS ENTIRETY, AND GRANTING TO FLORIDA POWER & i I 1 LIGHTCQMPANY. ITS SUCCESSORS AND ASSIGNS, ii AN EL~!ihJUCFRA~CHISE, AND IMPOSING PRO- ! ! VISIONS'~ANjj· CONPI';r'I()NS RE.LA7'.li--;¡~ THERETO., .: PROYi:ÐThlG.F$~~FORAßAVm(}S CLAPS~.;·:RE- I .l'~l. PEALI:NGPRQVlSIQN¡g, AUTHþ~ITY TO.ÇODIFY,'. AN ! EFFECT.rVE DATE Arm FOR;()THERPURPO~;B:S:'f I BE IT ORDAINED BY THÊ CITY CÓÙNCIL OF THE CITY OF 1 BOYNTON BEACH. FLORIDA: .. ,.<<<. ..¡ , Section 1: That the;ce is he~eby granted to Florida Power & Light ,VI " t 'Ii Company (herein called the "~rantee").. its' successors an,dassigns, the ..",..Þ~ I non-exclusive right, privilege or franchise to construct, maintain .and oper- II ¡ ate in, under, upon, over and across the present and future streets.aUeys, I í ¡ bridges, easements and other public places of the City of Boynton Beach, i I;· I Florida, (herein called the "Grantor") and its successors, in accordance ,-.. I.", , \: with established practice with respect to electrical construction and main- I i tenance, for the period of thirty years from the' date of acceptance hereof, ,. I .., ¡ electric light and power facilities (including conduits, ¡poles, wires and T I ¡ :J! ; - ~t I transmission lines, and, for its own use. telephone arid telegraph lines) for :\I¡ .,~ I the purpose of supplying electriCity to Grantor, and its successors, and inhabitants the-reof, and persons and corporations beyond the limits thereof. T'" a, il Section 2. As a condition precedent to the taking effect of this It ,. 1\ jf~" ""i grant. Grantee shall have filed its acceptance hereof with the .Grantor's clerk' ¡ T' ~ ., within thirty 130) days hereof. I¡; I H: I Section 3. That the facilities shall be r:¡o located or relocated and so f;~~· I ¡--J ¡ . erected as to interfere as little as possible with traffic, over said streets, I ~ . " ifi ! , i' I alleys, bridges and public places. and with reasonable egress from and lc~ I ' ingrèss to abutting property. The locatian or relocation of all facilities shaH j be made under the s¡¡pervision and with the approval of such representatives , I as the governing bod¥ of Grantor. may designate for. th~ pUrpose. but not so 'I as unreasonably to interfere with the proper oper;ationof Grantee's fa.cilities I. and service. That when any portion oía street is excavated by Grantee in II h tl ~I I; "'-=-~--,---,.--- - " --- ..------ ---- -- -~ --"'-----'--.'.",-- ·------,-;¡-~---·-1-:·~--·- --.;:--<C ::..- -r- I _. -.... ~. - L_. _H "('_. - " f ". . II the locatic>n or -relocation ?f any of its facilities.thepor'tion of the street so exc~vated shåq~ within' areas ç>nab Ie ti:tne~nd aseariy as practicab Ie after I such excavation. be replaced by the Grantee aw.itse~ense and in as good . .1 condition as it was at the Úmroof such exca~tion.. Secti()n~That GraÎ1toF~halLii1nOwaY'beli~9Ie or resPonsible for ,..-. any accident or damage that may OCcur in the cOllstruction, opel'ation q1' ~:I maintenancè bY. Grantee of I..tS fa.. cilitie. s ber"'d.r.andithe a..eptàoêepf ....., this ordinance sh.aUbedeemedan agreement on. the pari oithe Grantee. to Hj indemnifYG. rant. O. l' and hO. Id it h. arml.e. ss against any. and au. lia. b i my,. 108:S, : .Jl cost, damage or expense, which may accrue to. Grantor by reason of the neglect, de.fault, or misconduct of Grantee in the construction, opeÌ'~tion or 'r maintenance of its facilities hereunder. ·11 So"'oo 5, That aU rates"", rules and regulatioosestablished by 'J': Grantee from time to time shall at ¿¡ll times bg reasonable arid Grantee's j: , I rates for eledr!.ity s],aU at aU tUnes be """;e..t080.h regulation.. may I,ll I be provided by law. .. Section 6, That no later than sixty days after the first anniVersary :1. dat. of tbis grant and no Ia"'r ",an sixty daysaf"'r ..cli s"".e.ding anniver- i sary date of this grant, the Grantee. its successorsapd assigns. shall have i . ,; paid.tothe Grantor and its successors an amount ~hich added to the amount f·"" . /if of aU tax<s as assessed, levied, ór imposed (w!tho", rega... to aay discount '''"i for early payment or any interest orpenaltý for late payment), licenses, and 1 other impositions levied or imposed by the Grantor Up-onllie Grantee fselec- ; II tric property. business, or operations. . and. those. of Grantee 's electric sub- -./ sidiaries for the preceding tax year, will equal 6% of Gràntee's revenUes . . . ";' from the sale of electric.al energy to residential, commercial~and industrial g customers within the corporate limits of the Grantor for, the twelvé fiscal Ii' months preceding the applicablean.llÎversary date. n -J; I Section 7: Payment of the amount to be paig to Grantor by, Grantee. j under the terms of Section.6 hereof shall beinacIein advance byes.timated . .¡i!. j =O"",ly in.ti>.llin<ntacom,,:,enc'ng ","e'YdayS ~rtbêef(ecti~ da"'. of tbia -1'~ . Ii _ 2 _ .,. I 1Ì: I': '="'0-- -- '"..~, -.. ...._-"~,.~-~_.'~._.~T..-."~-_.~._--~..,-~...-._.n~..-._~_..__,_ _,~ __, _.--_.-...-----.....:,---:-._..'-'--._"..-..-......--~_.,...........,.' .}J .~--. , -- ....,.. ........, - -..,." ....,"" .~-.-..- . H . ! . . <" grant. Each estimated monthly installment shall be calculated on the bams ¡ of ninety percent (90%) of Grantee 'srevenues (as defined in Section 6) for the ¡ monthly billing period ending sixty days priorte each scheduled 'monthly pay- ment. The final installment for each fiscal year of this grant shall be n, 1:' adjusted to reflect any underpayment or overpaymer;lt resulting from .,':¡-" estimated monthly installments made for said fiscal ye,ar. J ' ; jj Section. 8: As a further consideration of this franchise. said HI Grantor agrees not to engage in the business of distributing and selling .' ',' ¿ """, , ~! , electricity duringtbe lif€ of this franchise or any extension thereof in com- -- .¡ petition with the Grantee. its successors and assigns. Section 9: That failure on the part of Grantee to comply in any sub- íÜ stantial' respect with any of the provisions of this ordinance. shall be grounds ¡:' I for a forfeiture of this grant. but no such forfeiture shall take effect ü the " t . reasonableaess or propriety thereof is protested by Grantee until a court of W 'Ill j. '1 i~ } : ¡ competent jurisdietion (with right of appeal in either party) shall have found 111:, ! f: that Grantee has failed to comply in a substantial respect with any of the ¡ij:i ¡ f·:! r" I provisions of this franchise. and the Grantee shall have six (6) months after ¡, , ~ q'¡¡ iii' I the final determination of the question. to make good the default before a 1: f j: ..,...... I forfeiture shall result with the right in Grantor at its discretion to grant such additional time to Grantee for compliance a¡:¡ necessities in the case "j:. ¡i require. :~ ¡ ¡ ~ :i: ~T--....; SecUon 10. Autherityto Codify: Specific authority:is hereby gra.nte t.:', II to codify and Incorpo=te thi, Ordinance in the City's eris_code. f-¡-tl "'I' '!-'II :;.,' I 50 dion 11. SeparabilitY' ShouLd any section or provis.nn of thi, . ~ I' ~,~i I w"; " Ordinance or any portion hereof be declared by a Court of competent juris- 'it : ;{' . I Î !! diction to be iiJ.valmr. such decision shall not affect the validity of the remain- ' ·1 -¡.if :1 !! der hereof as a whole or any part hereof. other than the part declared to be ;¡ H I 1:1 I invalid. ¡if :ì! Section 12. Repealing Provisions: That all ordinances and parts of ' " !'i :1 ordinances in conflict herewith be and the same are hereby repealed. :iI :p. " ,II I : If II I - 3 - .¡¡ I .JL ~;~~--~_. " ,'.'."'- -"-~--"~''''~' ,--- ~-r- "--'--~.- -= -~'-=. '~"'~=11'" --- =. ~-- .n" ___u T··· .-..... ..... ...... .,~. ..- ~,~ .. ,ff . 'r . .. I - " . - I . . ¡' ."'. Sectìon 13. Ari.Effe¿tive Date: This Orditiance shaH become effective on the dàteuponwhiçhG.ranteefnesits·aêc~ancèor in the IIJ:.aJ1ne ¡ and at the time as provided by·law. whichever .event sha[Llater occur. . " ¡ First readingthis/1GYday Of#~_ '. . ' 1976. " Seconq,fJ,na[ rèadiQgand,p!.sságe~this,~ day of~. . 'r- 1976. :..iri. CITY OF BOYNTON .BEACR.FLQRIDA '.:.: ll.:· . . . .. . ";,r-," ,. :;: ¡f'; f- _ ! ~ :f~t ;.:.:.tl~.'··li :t¡ ~- ~ ~.~: f ¡ :.: t; -...... -~ ; , CouncifMember ./'. . ,.';. ~ '~"."'. .. ·I~¡¡ . If'~ ~..í~ ~ <: . ....... ...1'... ......' - --,-' .-.-.--...o..un...[.... .. ......... ...., .... "I', , ~ .' .' ill. '. er . , ' -- I ~.~ .' .A?/YY?A-~;/\' .~ "';/--e :¡·I!.I. :. I . . counciL:rv~er . . .... "I !' .(.1 I'· I. ATTEST: ~" ~ flY . ¡~ !!: CityC[erk··.· . ;1. ... 'j ; . i I·.-.~.··Il ' ~ ,J- I rl' '¡~: I ;.:J!,. ....~...;. ~ :f ~; l ~ .; j . ; /1 I ! r'¿ ; t~:'¡ [;..:...11/ ~.¡ ., f d n .-! t u ,~ ! ¡. I -4- ,Jj I ~.--..- .... ....... ". .-. ..__.-...._~._.,.~._.~'" 'l"-" ""'-'--. _.' " - ......·r.~.··... --rr"~~-'" ..... XII. - LEGAL ITEM C.! 1 2 RESOLUTION NO. R05- 3 4 5 A RESOLUTION OF THE CITY COMMISSION OF 6 BOYNTON BEACH, FLORIDA, APPROVING THE 7 INTERLOCAL AGREEMENT BETWEEN THE CITY OF 8 BOYNTON BEACH AND THE BOYNTON BEACH 9 COMMUNITY REDEVELOPMENT AGENCY 10 REGARDING THE BOYNTON BEACH EXTENSION 11 PROMENADE PROJECT; AND PROVIDING AN 12 EFFECTIVE DATE. 13 14 WHEREAS, the City owns land that is know as the Boynton Beach Extension 15 Promenade Property; and 16 WHEREAS, the CRA owns property that wiU become a portion of the Boynton Beach 17 Extension and Promenade project and is going to have improvements permitted and 18 constructed on said property; and 19 WHEREAS, the CRA wishes to further reimburse the City for its additional costs of 20 acquisition of the HaJJ property; and 21 WHEREAS, the City Commission of the City of Boynton Beach, Upon 22 recommendation of staff, deems it to be in the best interests of the residents and citizens of the 23 City of Boynton Beach to approve the Interlocal Agreement hetween the City of Boynton 24 Beach and Boynton Beach Community Redevelopment Agency regarding the Boynton Beach 25 Extension Promenade Project. 26 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 27 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 28 Section 1. Each Whereas clause set forth above is true and correct and 29 incorporated herein by this reference. S:\CA IRESO\Agreements\lnterJocals\ILA with CRA (Promenade Extension ).doc I I 1 Section 2. The City Commission of the City of Boynton Beach, Florida does \ 2 hereby approve the lnterlocal Agreement between the City of Boynton Beach and the Boynton 3 Beach Community Redevelopment Agency regarding the Boynton Beach Extension 4 Promenade Project, a copy of said Agreement is attached hereto as Exhibit "A". 5 Section 3. That this Resolution shall become effective immediately upon passage. 6 PASSED AND ADOPTED this _ day of ,2005. 7 8 CITY OF BOYNTON BEACH, FLORIDA 9 10 11 Mayor 12 13 14 Vice Mayor 15 16 17 Commissioner 18 19 20 Commissioner 21 22 23 Commissioner 24 ATTEST: 25 26 27 City Clerk 28 29 30 (Corporate Seal) 31 32 S:\CA \RESO\Agreements\lnterlocals\ILA with CRA (Promenade Extension).doc I XII. - LEGAL ITEM 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 o AprilS, 2005 March 14,2005 (Noon.) o June 7, 2005 May 16,2005 (Noon) o April 19, 2005 Apri14,2005 (Noon) o June 21, 2005 June 6, 2005 (Noon) o May 3, 2005 April 18,2005 (Noon) o July 5, 2005 June 20, 2005 (Noon) [8] May 17,2005 May 2, 2005 (Noon) o July 19,2005 July 5, 2005 (Noon) 0 Administrative 0 Development Plans NATURE OF 0 Consent Agenda 0 New Business AGENDA ITEM 0 Public Hearing 0 Legal 0 Bids 0 Unfmished Business 0 Announcement 0 Presentation [8] City Manager's Report RECOMMENDATION: Approve resolution to contract with the Metropolitan Center at Florida International University to prepare proposed Commission district boundary maps, based on the 2000 Census. EXPLANATION: According to Article n of the City Charter, Section 17(f), sets out the time frame for designating geographic boundaries, i.e. "...Geographic boundaries for each voting district shall be designated, prepared and identified not later than January, [2006), by contract to the City of Boynton Beach with a four year college or university or education research institution located within the State of Florida to be selected by the City Commission of the City of Boynton Beach. PROGRAM IMPACT: The Metropolitan Center at Florida International University, under the direction ofDario Morena, Ph.D., will prepare a Commission District boundary map for review and consideration by the Boynton Beach City Commission. Dr. Moreno was a consultant for the Florida House of Representatives (2202-03) on redistricting and for the City of Miami on redistricting (2003). He also has been the principal investigator for three annexation studies in the City of Miami (2002, 2003) and West Miami (2004). The contract outlines key tasks necessary to complete redistricting within the specified timeframe. The contract also provides for a minimum of three interviews with individual Boynton Beach Commission members. Dr. Morena has submitted a Confirmation of Minority Owned Business form, and although the Metropolitan Center at FlU does not possess certification for a Minority Owned Business, they will have minority staff and students working on the project. See attachments Exhibit A, Contract/Scope of Services and Exhibit B, Confirmation of Minority Owned Business. Ten Florida State universities and/or education research institutions were contacted and provided with a Request for Proposal. Out of the ten, only two submitted proposals within the established timeframe; the Haas Center for Business Research and Economic Development at the University of West Florida, and the Metropolitan Center at Florida International University. The remaining eight universitieslinstitutions were contacted and four were unable to submit proposals due to their involvement with other major projects or because the university did not have faculty with that area of expertise. The other four universities/institutions did not reply to the follow-up inquiry. FISCAL IMP ACT: The Metropolitan Center at Florida International University will provide services for an amount f $35, 200.00 which includes staff and personnel, materials and supplies, and meeting and travel time expenses, It is proposed that funds for this project will come from the Strategic Plan Implementation account # 001-1110-511-95-48. S:\BULLETIN\FORMS\A.GENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM ALTERNATIVES: According to the City Charter there are no alternatives other than to proceed with the redistricting project. ~~/ Department Head's Signature City Manager's Signature Department Name City Attorney / Finance / Human Resources S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC ,._..,._~~-~.'j~ ~'.. ~"'<;I1Ii'~~ .,·..·.._.."'''·'''''·'n'···,..', 1 RESOLUTION NO. R05- 2 3 4 A RESOLUTION OF THE CITY COMMISSION OF THE 5 CITY OF BOYNTON BEACH, FLORIDA, ACCEPTING 6 A PROPOSAL BY THE METROPOLITAN CENTER AT 7 FLORIDA INTERNATIONAL UNIVERSITY TO 8 PROVIDE TECHNICAL SUPPORT TO IMPLEMENT 9 LEGALLY ENFORCEABLE REDISTRICTING PLANS, 10 BASED ON THE 2000 CENSUS; AND PROVIDING AN 11 EFFECTIVE DATE. 12 13 WHEREAS, pursuant to Article II of the City Charter, Section 17(f), Geographic 14 boundaries for each voting district shaJl be designated, prepared and identified not later than 15 January, 2006; and 16 WHEREAS, upon recommendation of staff, the City Commission deems it 17 appropriate to accept the proposal of the Metropolitan Center at Florida International 18 University, as outlined in the Scope of Work, attached heretò as Exhibit "A", to provide 19 technical support needed to implement legaHy enforceable redistricting plans, based on the 20 2000 Census. 21 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 22 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 23 Section 1. The foregoing "Whereas" clauses are hereby ratified and confinned as 24 being true and correct and are hereby made a specific part of this Resolution upon adoption. 25 Section 2. The City Commission of the City of Boynton Beach, Florida does 26 hereby accept the proposal of the Metropolitan Center at Florida International University, at a 27 fee of $35,200.00, to provide technical support needed to implement legaJly enforceable 28 redistricting plans, based on the 2000 Census. A copy of the Proposal/Scope of Work is 29 attached hereto as composite Exhibit "A". 1 Section 3. This Resolution shall become effective immediately upon passage 2 PASSED AND ADOPTED this day of May, 2005. ! 3 CITY OF BOYNTON BEACH, FLORIDA 4 5 6 7 Mayor 8 9 10 Vice Mayor 11 12 13 Commissioner 14 15 16 Commissioner 17 18 19 Commissioner 20 ATTEST: 21 22 23 24 City Clerk 25 26 (city seal) 27 28 Exhibit" A" ~ll Metropolitan Center FLORIDA INTERNATIONAL UNIVERSITY City of Boynton Beach Redistricting Project Prepared for: City Manager's Office City of Boynton Beach P.O. Box 310 Boynton Beach, FL 33425-0310 Prepared by: FlU - Metropolitan Center Project Team: Dario Moreno, Ph. D. Augusto Newell, Ph.D. Dario Gonzalez, Ph.D. (ABD) Table of Contents Introduction ....................................................................................................................................................3 Scope of Services - Phase I: Estimated Timeframe February - March 2005................................................4 Scope of Services - Phase II: Estimated Timeframe February - March 2005...............................................4 Scope of Services - Phase III: Estimated Timeframe April- May 2005........................................................5 Scope of Services - Phase IV: Estimated Timeframe May-June 2005..........................................................5 Budget ............................. .............................................................................................................................. 6 Primary Consultants and Sub-consultants ..... ........ ................. .......... .... ..... ................. ................. ........... .......6 List of References............ ............. ................................................................................................................. 7 2 The Metropolitan Center at Florida International University is engaged in the study of the demographics, economics and politics of South Florida. The overall goal of the Center, as an "applied research" institute, is to provide decision-makers with the best possible information to forge solutions to the problems confronting South Florida's urban areas. Toward that goal the Center provides research, training, and technical assistance to governmental and nonprofit institutions in South Florida. The Center provides usable knowledge to inform decision-makers on economic development, land use, housing, policy studies and public opinion. It also provides organizational management planning and development to strengthen local area organizations ability to serve their client basis. The Center has been actively engaged in the redistricting process. It has three assets that make it uniquely qualified in this area. First, Florida International University's has a state of the art of the art Geographic Information Services-Remote Sensing Center (GIS-RS). Second, the center has developed the "Metropolitan Economic Database that offers decision makers with the most comprehensive economic database in South Florida. Economic data will be an important component in determining the community of interest component in the redistricting process. Third, Dario Moreno, the director of the Metropolitan Center is a nationally recognized expert on redistricting. He was the lead consultant for City of Miami Redistricting (2003) and for the Florida House of Representative in the 2002 state-wide redistricting, he was an expert witness for the Florida Department of State on voting rights for the 2004 election, three section two cases Suarez v. Miami-Dade School Board, Diaz v. City of Miami, and DeGrandy v. Wetheral/, et al. Professor Moreno also served as a consultant to the Florida Republican Party and the Cuban-American Caucus in the 1992 Florida redistricting. 3 Scope of Services - Phase I: Estimated Timeframe May1-30. For the preparation, completion and submission of the redistricting plan(s) for the City of Boynton Beach, the FlU-Metropolitan Center shall provide the following services during Phase I (Data Collection): 1. The project team will create a demographic profile of Boynton Beach using 2000 US Population Census Data (Public Law 94-171) 2. The demographic profile of Boynton Beach will also consist of racial/ethnic background population data using 2000 US Population Census Data (Public Law 94-171) redistricting data universe: total population of 2 or more races. 3. The project team will update the 2000 Census Data using Palm Beach County Traffic Analysis Zone Data (TAl) and Certificate of Occupancy data. 4. The project team will incorporate voter registration and election information. The registration data will use the most current voter registration information; gender, party affiliation, and raciaVethnic composition. 5. The data gathering will also include information from two previous elections identified by the City of Boynton Beach Department of Development for the purposes of analyzing voter turn out 6. The project team will provide all election and voter registration information at the precinct level. 7. The data will be gathered from the Florida Redistricting Election Data Set (FREDS), the Florida Department of State Division of Elections, and the Palm Beach County Supervisor of Elections. Scope of Services - Phase II: Estimated Timeframe May-June 2005 For the preparation, completion and submission of the redistricting plan(s) for the City of Boynton Beach, the FlU-Metropolitan Center shall provide the following services during Phase /I (Data Integration and Map Generation): 1. The project team will develop the following maps: a. Map depicting Total Population Totals and Percentages by Existing Districts b. Map depicting Racial/Ethnic Composition Totals and Percentages by Existing Districts c. Map depicting Racial/Ethnic Composition Totals and Percentages at Census Block Group Level d. Map depicting Number of Registered Voters in each existing district e. Map depicting Party Affiliation by Voting Precinct f. Map depicting Racial/Ethnic Composition Totals and Percentages at Census Block Group Level g. Map depicting Voting Turnout for past elections as specified by City of Boynton Beach Department of Development 4 2. Maps will be generated in both 11x17 and 36x44 formats for presentation purposes. Scope of Services - Phase III: Estimated Timeframe June-July 2005 For the preparation, completion and submission of the redistricting plan(s) for the City of Boynton Beach, the FlU-Metropolitan Center shall provide the following services during Phase III (Preparation and Presentation): 1. Project team will meet individually with each member of the Boynton Beach City Commission. The format and schedule of the meetings will be based on the following: · Preplanning meeting · Draft review of options meeting · Final review of options meeting 2. The FlU-Metropolitan Center will prepare and present the redistricting option maps to the Boynton Beach City Commission for review and comments. The project team will provide each member of the commission with a redistricting packet containing the following items: . Map overlay of proposed district boundaries, major roadways, and voting precincts within the districts. . Racial/Ethnic Composition Totals and Percentages by Proposed Districts . Table depicting voter-related information, including number of registered voters per district, racial/ethnic composition of registered voters, total registered voters, and party affiliation assigned to each district according to each redistricting option Scope of Services - Phase IV: Estimated Timeframe July-October 2005 For the preparation, completion and submission of the redistricting plan(s) for the City of Boynton Beach, the FlU-Metropolitan Center shall provide the following services during Phase IV (Review and Revisions): 1. The project team will provide to the Boynton Beach City Commission for review maps in both PDF and ArcGIS format that includes the following fields: · Census Block Number · Proposed District Number Assigned to that Census Block · Population Total for that Census Block 2. Project team will review Maps submitted by all outside parties 5 3. The FlU-Metropolitan Center will make modifications and revisions to the maps based on input from the City of Boynton Beach officials. 4. The project team will present a final version of redistricting options to the Boynton Beach City Commission. All maps and data for the final presentation will be provided in PDF format for dissemination to public and other interested parties. Maps will be provided in ArcView GIS files to the Boynton Beach GIS Department for its use and public dissemination. 5. The project team will submit the approved redistricting map of district boundaries to the City of Boynton Beach. . The project team will provide redistricting options to the Development Department in order to develop the legal narratives of each district boundaries . The FlU-Metropolitan Center will convert any final map approved by the Commission to ArcView GIS format Task Fee . Staff and Personnel $25,000.00 Materials and Supplies $9,200.00 Meetina and Travel Time $1,000.00 Total $35,200.00 Dario Moreno, Ph.D. (PI) is the director of the Metropolitan Center at Florida International University. He is also a professor of Political Science. Dr. Moreno has an extensive history in annexation issues being the principal investigator for three annexation studies (two for the City of Miami (2002, 2003) and West Miami (2004). He was also a consultant for the Florida House of Representative (2002-3) on redistricting and for the City of Miami on redistricting (2003). He has served as an expert witness on four other redistricting and voting rights cases. Augusto Newell, Ph.D. (Co-PI) is a Senior Research Associate of the Metropolitan Center at Florida International University. Dr. Newell has six years of experience as an analyst with Florida International University. Dr. Newell was a lead data analyst on the City of Miami Annexation Study Part I (2002) and Part II (2003). His other areas of specialization include housing and homelessness, performance measurement, survey 6 research, and GIS applications in the social sciences. Dr. Newell has also taught the Bachelor's and Master's level Applied Statistics for Urban Research and Research Methods courses for the past three years at FlU. Dario Gonzalez, ABD (Co-PI) is the Computer Research Specialist for the Metropolitan Center at Florida International University. Dario Gonzalez has over seven years of experience employed as a GIS Analyst. He has contributed to the development of several internet accessible, interactive mapping projects including the Metropolitan Planning Organization's Community Characteristics Mapping Tool and the City of Miami FEC corridor Strategic Redevelopment Plan. Dario Gonzalez is currently completing his thesis, "Effects of Natural Disasters on Fixed Term Residential Mobility Trends." Manny Diaz Mayor, City of Miami 3500 Pan American Drive Miami, Fl 33133 (305) 250 - 5300 Yolanda Aguilar, City Manager City of West Miami 901 SW 62nd Avenue Miami, Fl 33155 (305) 266 -1122 Office (305) 266 - 6440 Direct Line Miguel DeGrandy, Esq. 201 South Biscayne Boulevard Suite 2900 Miami, Fl33131-4330 (305) 444-7737 Office Richard Perez, Esq. General Council - Florida Department of State R.A. Gray Building 500 South Bronough Street Tallahassee, Fl32399 (850) 245-6536 Office 7 .---- Exhibit "B" 0S/66/21?165 12: 5'3 561. 742;611 - I CONFIRMATION 0)' MiNORITY OWNED BUSINESS A rcqu..œd form to be made a part of our fi1es for future use ud information. Please 1m out and indicate in the appropriate space$ provided which category best describes your ðompany. Return this fonn with your bid proposal sheet making it In official pari of your bid response. Is. your coœpa.ny a. Minority Owned Business 7 X - Yes No If Y ItS, ploase indicate by an "X" in the appropriate box: ( ) AMERICAN INDIAN ( ) ASIAN ( ) BLACK ( ) HISPANIC ( ) WOMEN ( ) OTHER (specify) ( ) NOT APPLICABLE Do you posse,s a Ccrtiflcation qualifying yow business as a Mí:ì1ority Owned Business? YES - NO-Ä- IfYES1 Name the OrgaDi%ation ftom which this cecûficl1ûon WJS obtained and date: I&auing Organization for Certification Da.te of Certification W (11. k-. WtJ ¡,L/Ãj ,,-1'\,- /?-ð6"'-4.--è/J· //1. , huLl ~ ,At-C), ~~# J )1--1<:1' ..~~~';1-L., J'kAt-, I Hr',);~ .,..." _ 4.?11?":'· r"#--t·~.v"L "'j ...I(.(:.ð".vnl þ~~ mIS PAGE TO Bit SUBMfJTXD ~LONG WJT1}J R.£S'ONS£ 24 7Ct/7Ct ":¡t:'1H"'< ~'7J I ~...i-:)~ k~H I T ïlÎ....Jn).. I "::II,,! TJ7TÇ.hÇ"Cr.¡Ç' - Ç.7 : Q T Cr.¡r.¡7/Qr.¡/CiA