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Agenda 02-07-06 The City of B t. B..~... h' , ' , , ..,. .' " .' . ",-. "'~. " - . . . '," '~Joyn.on~/ eacl i 100 E. Boynton Beach Boulevard. (561) 742-6000 City Commission AGENDA February 7, 2006 Jerry Taylor Mayor - At Large Bob Ensler Commissioner - District I Mack McCray Commissioner - District II Mike Ferguson Commissioner - District III Carl McKoy Vice Mayor - District IV , Kurt Bressner City Manager James Cherof City Attorney DISTRI T I Janet M. Prainito City Clerk www.boynton-beach.org We're Reinventing City Living for the Millennium WELCOME Thank you for attending the City Commission Meeting GENERAL RULES 8< PROCEDURES FOR PUBUC 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. o Consent Agenda Items: These are items which the Commission does not need to discuss individually and which are voted on as a group. o Regular Agenda Items: These are items which the Commission will discuss individually in the order listed on the agenda. o 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. o 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. o 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. o 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 February 7, 2006 6:30 P.M. I. OPENINGS: A. Call to Order - Mayor Jerry Taylor B. Invocation by Reverend Martin Zlatic - St. Joseph's Episcopal Church C. Pledge of Allegiance to the Flag led by Commissioner Mack McCray D. Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption II. OTHER: A. Informational Items by Members of the City Commission III. ANNOUNCEMENTS, COMMUNITY 8< SPECIAL EVENTS, 8< PRESENTATIONS: A. Announcements: 1. Boynton Regional Symphony Orchestra Concert Friday, March 10, 2006 at 7:30 p.m. at the Boynton Beach Community High School Auditorium, 4975 Park Ridge Blvd. B. Community and Special Events: 1. Heritage Festival - February, 2006 -- Month-long celebration of Black History Month that informs the public of the ties that bind the African- American community together through the enjoyment of arts, education and pride in African-American accomplishments and heritage. SCHEDULE OF EVENTS DATE EVENT ITIME LOCATION February 12 Soccer Tournament Hester Center 5 D.m. ~~ 9 D.m. Februarv 18 Awards Banquet Cafetorium Book Fair SI. John Missionary Church February 19 Soccer Tournament Hester Center 5 D.m. -- 9 p.m. Agenda Regular Commission Meeting Boynton Beach, FL February 7, 2006 C. Presentations: 1. Proclamations: Proclamation for the Extreme Makeover Home Edition reconstruction of Little League Field. 2. Presentation by Mark Hansen, Palm Beach County School Board Member regarding the harassment prevention program including a bullying prevention program for Boynton Beach schools. 3. Presentation of certificates of appreciation to members of the City of Boynton Beach All Star Pee Wee (ages 5-9) and Junior (ages 10-14) Cheerleading Squads. 4. Presentation by Lisa Bright, Director of the Community Redevelopment Agency to Don Fenton for his dedication to the City over the past five years. 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. Accept the resignation of Floyd Beil, a regular member of the Education Advisory Board. B. Appointments to be made: Appointment Length of Term To Be Made Board ExDiration Date IV McKoy Adv. Bd. On Children & Youth Alt 1 yr term to 4/06 Tabled (3) Mayor Taylor Adv. Bd. On Children & Youth Alt 1 yr term to 4/06 Tabled (3) I Ensler Adv. Bd. On Children & Youth Reg 1 yr term to 4/06 II McCray Adv. Bd. On Children & Youth Reg 1 yr term to 4/07 Mayor Taylor Cemetery Board All 1 yr term to 4/06 Tabled (3) 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 Mayor Taylor Education Advisory Board Alt 1 yr term to 4/06 Tabled (3) I Ensler Education Advisory Board Reg 2 yr term to 4/07 III Ferguson Library Board Alt 1 yr term to 4/06 Tabled (3) Mayor Taylor Employees' Pension Board Reg 3 yr term to 4/08 2 Agenda Regular Commission Meeting Boynton Beach, FL February 7, 2006 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: I. Agenda Preview Conference - January 13, 2006 2. Regular Commission Meeting - January 17, 2006 3. Special Commission Meeting - January 18, 2006 B. Bids and Purchase Contracts - Recommend Approval - All expenditures are approved in the 2004-2005 Adopted Budget. 1. Award the ''TWO YEAR CONTRACT FOR SCHOOL CROSSING GUARD SERVICES" Bid #009-2110-06/JA, to Staffing Connections/Action Labor, for an estimated annual expenditure of $261,000.00. (Proposed Resolution No. R06-001) (Tabled on 01/03/06) 2. Approve a piggyback to City of West Palm Beach Quote #04/05-Q091 for Fire Hydrant Testing and Audit of Fire Hydrants with Metro Hydrant & Valve Service, Inc. for an estimated dollar amount of $48,750.00. (Proposed Resolution No. R06-032) 3. Approve a multi-award of the "ONE YEAR PIPE FITTINGS AND ACCESSORIES" Bid #004-1412-06/JA, to various vendors on an "AS NEEDED BASIS" for an estimated annual expenditure of $130,000.00. 4. Approve the piggyback of the U.S. COMMUNmES GOVERNMENT PURCHASING ALLIANCE, LOS ANGELES COUNTY CONTRACT # 218955 to OFFICE DEPOT for the PURCHASE OF OFFICE SUPPUES with estimated expenditure of $212,000.00, Bid # 015-1412-06/JA. 5. Approve an emergency purchase to repair a gravity main water line that had failed. A sinkhole developed around the entrance/exit portion of the community. The expenditure is: $66,444.28. C. Resolutions: 1. Proposed Resolution No. R06-033 RE: Approving and authorizing execution of a First Amendment to the Interlocal Agreement between the City of Boynton Beach and Palm Beach County for the use of the County's digital microwave system. 2. Proposed Resolution No. R06-034 RE: Approving and authorizing execution of a Deed of Utilities Easement to Florida Power & Light Company (FP&L) within properties owned by the City. FP&L will 3 Agenda Regular Commission Meeting Boyntor, Beach, FL February 7, 2006 provide a power feed source related to the City's INCA project (Formerly known as NE 7th Avenue and 10th Avenue Water Main Replacement and Storm Water Management. 3. Proposed Resolution No. R06-03S RE: Approving and authorizing execution of an Agreement for Water Service Outside the City Limits with Luis Goncalves for the property at 1042 Alto Road, Lantana, FL (Ridge Grove Add No 1 Lt 284). 4. Proposed Resolution No. R06-036 RE: Approving the Lease Agreement with Child Care Center, Inc. for the property at 909 NE 3'd Street, Boynton Beach, FL per the terms of the agreement. 5. Proposed Resolution No. R06-037 RE: Approving the First Amendment to the agreement entered into with Progress Telecom (PTLLC Acquisition co., LLC) on April 20, 2005, Resolution No. R05-067. the initial phase of the project was approved by City Commission to be conducted with the CRA area and the Heart of Boynton corridor. 6. Proposed Resolution No. R06-038 RE: Approving the Worksite Agreement with Workforce Alliance for temporary labor to assist with hurricane recovery through the National Emergency Grant. 7. Proposed Resolution No. R06-039 RE: Approving the revision of the Cemetery Rules and Regulations. 8. Proposed Resolution No. R06-040 RE: Approving and authorizing execution of an Interlocal Agreement between the City of Boynton Beach and the Community Redevelopment Agency (CRA) to provide for the installation of public improvements on SE 4th Street 9. Proposed Resolution No. R06-041 RE: Approving and authorizing execution of Amendment #1 to Task Order #U04-16-2, PBSJ, in the amount of $349,848.00 plus a 5% owner's contingency of $17,492.00 for a total budget appropriation of $367,340.00. 10. Proposed Resolution No. R06-042 RE: Approving and authorizing execution of Amendment #1 to Task Order No.3 Water Supply Options SFWMD Consumptive Use Permit to Brown and Caldwell in the amount of $74,200. (Tab/e to February 21, 2006) 11. Proposed Resolution No. R06-043 RE: Approving City Pay Ranges and Pay Classification System for City of Boynton Beach Pursuant to Pay Study by MGT approved by the City Commission on January 17, 2006. 12. Proposed Resolution No. R06-044 RE: Approving the ratified addendum to the NCF&O White Collar collective bargaining agreement for the fiscal year 2005/2006 wage re-opener. 4 Agenda Regular Commission Meeting Boynton Beach, FL February 7, 2006 13 Proposed Resolution No. R06-045 RE: Establishing a Community Investment Fund; rescinding all previous Resolutions and policies governing expenditures of Community Investment Funds. Proposed Resolution No. R06-046 continuation of Public School Choice Options. D. Ratification of Planning & Development Board Action: 14. RE: Supporting the 1. Bellamy Heights (ZNCV 06-001) Request for relief from the Land Development Regulations, Chapter 2, Zoning, Section 5.D.2.a, requiring a minimum lot frontage of 60 feet to allow a minimum lot frontage of 57 feet (a variance of 3 feet), and requiring a minimum lot area of 7,500 square feet to allow a minimum lot area of approximately 6,850 square feet (a variance pf 6S0 square feet) for a proposed single-family residence within the R-1-A Single-Family zoning district. (Not heard by the P&D; to be postponed to the January 24, 2006 P&D meeting and February 21, 2006 City Commission Meeting) E. Ratification of CRA Action: 1. Edward Medical Offices (SPTE 06-001) Request for a one-year site plan time extension for a site plan approval granted on November 16, 2004 from November 16, 2005 to November 16, 2006. F. Approve the "Boynton Lakes Plaza Replat No.1" Record Plat, conditioned on the approval being the certification of the plat documents by H. David Kelley, Jr. (City Engineer and Surveyor & Mapper). G. Approve the "KNOLLWOOD PUD" Record Plat, conditioned on the approval being the certification of the plat documents by H. David Kelley, Jr. (City Engineer and Surveyor and Mapper) H. Authorize the use of Community Investment Funds from Commissioner Ensler in the amount of $2,000 for the Boynton Regional Symphony Orchestra. 1. Authorize the use of Community Investment Funds from Mayor Taylor in the amount of $1,000 for the Boynton Regional Symphony Orchestra. VII. CODE COMPLIANCE 8< LEGAL SETTLEMENTS: A. Approve settlement from continuing negotiations in the amount of $22,000 in the case of Rubin & Ana Frias vs. the City of Boynton Beach. 5 Agenda Regular Commission Meeting Boynton Beach, FL February 7, 2006 VIII. PUBLIC HEARING: 7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS THE CITY COMMISSION WILL CONDUCT THESE PUBUC HEARINGS IN ITS DUAL CAPACITY AS LOCAL PLANNING AGENCY AND CITY COMMISSION A. Project: Agent: Owner: Location: Description: B. Project: Agent: Owner: Location: Description: c. Project: Agent: Owner: Location: Description: Rapido Rabbit Carwash (COUS OS-004) Bradley Miller, AICP, Miller Land Planning Consultants, Inc. Boynton Properties, LLC, Anthony Pugliese III East side of Congress Ave., approx. 275 feet north of SW 30th Ave. Request for Conditional Use and Site Plan approval for a 4.595 square foot automated car wash facility and related site improvements on a 0.88 acre site zoned M-1, Industrial. (Tabled to 2/21/05) Little Achiever Learning Center (HTEX 06-001) Dave Beasley Stewart Davis Northwest corner of Northeast 11th Ave. and Railroad Ave. Request for Height Exception approval to allow the proposed decorative cupolas on the roof of a one (1) story building at a height of 33 feet, eight (8) feet above the maximum height limit of 25 feet for a daycare use within the single-family and two- family residential (R-2) zoning district. (Plans undergoing revision causing meeting postponement. Project to be pulled and re-advertised.) Little Achiever Learning Center (COUS 04-007) Dave Beasley Stewart Davis Northwest corner of Northeast 11th Ave. and Railroad Ave. Request for conditional use/new site plan approval for the construction of a 6,097 square foot daycare and related site improvements on a 37,391 square foot parcel in the single family and two family residential (R-2) zoning district. ((Plans undergoing revision causing meeting postponement. Project to be pulled and re-advertised.) IX. CITY MANAGER'S REPORT: A. Report by Michele Mellgren, Planning Consultant, on the M-1 Zoning Study. X. FUTURE AGENDA ITEMS: A. Development of performance criteria for City Managers Evaluation - 2/21/06 B. Report on City's potential help and other governmental entities for "at-risk" citizens during declared emergencies - 2/28/06 6 Agenda Regular Commission Meeting Boynton Beach, FL February 7, 2006 C. 2005 Hurricane After-action Report and Recommendations - 2/28/06 D. Capital Improvement Budget Review -- 2/28/06 E. Report from the Pension Consultant - 2/28/06 F. Amend the Parks Dedication Code ordinance to modify the review time line _ March 2006 G. Regulations on Improper Weapons Use - March 2006 H. Update on City's position on minority contracts - 3/21/06 1. Ordinance on Adult Entertainment - 3/21/06 J. Requirement for underground utility lines for all new development - April 2006 K. Cellular 911 Dispatch - May 2006 XI. NEW BUSINESS: None. XII. LEGAL: A. Ordinances - 2nd Reading - PUBLIC HEARING 1. Proposed Ordinance No. 06-013 quasi judicial items on agenda. RE: Placement of B. Ordinances - 1st Reading 1. Proposed Ordinance No. 06-014 RE: Amending the Land Development Regulations of the City of Boynton Beach, revising Chapter 4, "Site Plans" Section 5 to provide for right of the City Commission to require modifications to an approved site plan when a request for extension has been requested. 2. Proposed Ordinance No. 06-015 RE: Amending Section 9-24(a) of the Code of Ordinances concerning fire fighter air systems in high rise buildings; limiting application of regulations to buildings higher than seventy-five (75) feet. C. Resolutions: None 7 Agenda Regular Commission Meeting Boynton Beach, FL February 7, 2006 D. Other: None XIII. UNFINISHED BUSINESS: None XIV. ADJOURNMENT: NOTICE IF A PERSON DEODES TO APPEAL ANY DECISION MADE BY TliE CITY COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT TIllS MEETING, HE/SHE WIll NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE, HE/SHE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF TIlE 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 PARTIOPATE IN AND ENJOY THE BENEFITS OF A SERVICE, PROGRAM, OR ACTIVITY CONDUCTED BY TliE CITY. PLEASE CONTACT JOYCE COSTELLO, (561) 742~6013 AT LEAST TWENTY~FOUR HOURS PRIOR TO THE PROGRAM OR ACTIVITY IN ORDER FOR THE CITY TO REASONABLY ACCOMMODATE YOUR REQUEST. AGENDA 02/06/06 2:30 p.m. S: \CC\ WP\CCAGENDA \AGENDAS\Year 2006\020706.doc 8 /~G.,n~5.'k, \ " ,.." \ ,.- ~O\ /,,' J-~, .~.., ,"C" rON ;;-,' III.-ANNOUNCEMENTS &. PRESENTATIONS Item A.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 Meetin!! Dates in to City Clerk's Office Meetine: Dates in to City Clerk's Office 0 December 6, 2005 November 14, 2005 (Noon.) I2<:J February 7, 2006 January 17,2006 (Noon) 0 December 20, 2005 December 5, 2005 (Noon) 0 February 21, 2006 February 6, 2006 (Noon) 0 January 3, 2006 December 19, 2005 (Noon) 0 March 7, 2006 February 21, 2006 (Noon) 0 January 17, 2006 January 3, 2006 (Noon) 0 March 21, 2006 March 6, 2006 (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 I2<:J Announcement 0 Presentation 0 City Manager's Report RECOMMENDATION: Boynton Regional Symphony Orchestra Concert Friday, March 10,2006@ 7:30 p.m. at the Boynton Beach Community High School Auditorium, 4975 Park Ridge Blvd. EXPLANATION: PROGRAM IMPACT: FISCAL IMPACT: ALTERNATIVES: ~ Department Head's Signature City Manager's Signature Department Name City Attorney / Finance / Human Resources SIBULLETIN\FORMSIAGENDA ITEM REQUEST FORM.DOC .oyatoa Regloaa1 Sy_phoa.,. Orchestra Barry Volk.all Mudc Di:redOI' COD.eft Friday, March 1.0, 2006 7:30 PM ~: MOZlII'I, lIedIIovea BoyDtoII BeachCOftI...ualty B. S. Aucllteriu. 49'75 Park ...... Bh'cL Bera- Rea..., n. (parJdlle 'ria Ode...... B1'Vd., . UIIIts welt 01 .-91 01'. u..... east 01 Comer""'. Tickets: S5 at the door IaIoI161.J04.SU7 HeritageFest 2006 Schedule of Events IlI.-ANNOUNCEMENTS &. PRESENTATIONS Item B.l. '4D7 l~ Date Event Time Location I February 1 -- 2, 2006 Walker Brothers Circus 5:30 p.m. - 7:30 p.m. Wilson Pari< : I Two Shows Nightly ! ! February 4, 2006 Academic Contest 9:00 a.m. -- 12:00 p.m. Civic Center \ ~ Art In The Pari< 12:00 p.m. - 3:00 p.m. School House Museum Lawn I February 12 & 19. 2006 Soccer Tournament 5:00 p.m. - 9:00 p.m. Hesler Center/Football Field I I February 18. 2006 Awards Banquet 6:00 p.m. SI. John Missionary I Book Fair Church/Cafetorium I February 26. 2006 CRAlHeritageFest Jazz 1 :00 p.m. ~ 6:00 p.m. Ocean Avenue Concert Between Seacrest Blvd. & N.E. 1" Street '. (~..,..'."(YD'" \ '.f'" ~; '0 :\i III._ANNOUNCEMENTS &. PRESENTATIONS Item C.2 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Requested City Commission Meetine: Dates Date Final Form Must be Turned in to City Clerk's Office January 3. 2006 (Noon) Ti. February 7, 2006 o February 21,2006 o March 7. 2006 o March 21, 2006 January 17.2006 (Noon) 0 December 6, 2005 0 December 20, 2005 ] January 3, 2006 ; January 17,2006 November 14,2005 (Noon.) December 5, 2005 (Noon) February 6, 2006 (Noon) December 19, 2005 (Noon) February 21, 2006 (Noon) March 6, 2006 (Noon) NATURE OF AGENDA ITEM o Administrative o Consent Agenda o Public Hearing o Bids o Announcement o City Manager's Report o Development Plans o New Business o o ~ Legal Unfinished Business Presentation RECOMMENDATION: Permit presentation. EXPLANATION: Beginning in January, two schools in Boca Raton will become pilot sites in the School District's rollout of a harassment prevention program that administrators hope that all schools will eventually embrace. Mark Hansen, school district board member, who is seeking Commission support for a bullying prevention program in Boynton Beach schools, met with Mayor Taylor who recommended that he make a presentation to the full Commission about the program, PROGRAM IMPACT: Commission support could influence the adoption of the program into Boynton Beach schools. FISCAL 1MPACT: None U/~""'.~A~ Departme ead's Ignature ~ C. M. ,. 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Joyce ""7 rom: ~nt: ro: Subject: infoweb@newsbank.com Wednesday, December 21, 2005 1 :34 PM costelloj@ci.boynton-beach.f1.us Requested NewsBank Article Paper: South Florida Sun-Sentinel (Fort Lauderdale, FL) Title: TWO BOCA SCHOOLS TO TEST WAYS TO PREVENT BULLYING Author: Lois K. Solomon Education Writer Date: December 5, 2005 Section: LOCAL Page: lB Beginning in January, talk about bullying and ways to prevent it will become a big part of the day at two Boca Raton schools. Addison Mizner Elementary and Don Estridge High Tech Middle will become pilot sites in the Palm Beach County School District's rollout of a harassment-prevention program that administrators hope all schools will eventually embrace.Schools across the country are reporting success with the Olweus Bullying Prevention Program, designed to reduce opportunities for bullying by restructuring the way a school conducts its day. Alison Adler, Palm Beach County schools' safety and learning environment chief, believes local schools can achieve similar results. "This is more than a program, it's a campaign," Adler said. "It's about the way we interact with kids." The district will begin the campaign at the two Boca Raton schools at the request of donor Norman Brickell, who offered $5,000, Adler said. In 1997, Brickell and his ex-wife lnated $10,000 to the University of Miami's Department of psychiatry and Behavioral ~iences to open Florida's first center for the study and prevention of teen suicide. Their teenage son committed suicide in 1982. The School District does not track bullying incidents, so it is unclear how widespread the problem is. According to a report this year by the National Center for Education Statistics, 7 percent of students ages 12 to 18 across the country said th~y had been bullied, while 29 percent reported that drugs were made available to them on school property, and 9 percent were threatened or injured with a weapon at school. All of Palm Beach County's 172 schools are encouraged to run programs on bullying and conflict resolution, but not all do. Depending on the severity of the harassment, penalties range from suspension to having a talk with the aggressor and the victim. The district has several ongoing programs intended to reduce bullying. "Aggressors, Victims and Bystanders" teaches middle school students what to do when they are harassed, including going to an adult. Youth Ambassadors, for high school students, identifies student leaders and teaches them how to keep their eyes open for potentially violent situations. Safe Schools Task Force, formed as a way to improve school safety, expanded both of these programs after the fatal shooting of Lake Worth Middle School teacher Barry Grunow in May 2000. Some parents want bullying education to start before middle school, because they say aggressive behaviors can be ingrained at early ages. "Bullies are savvy enough to know how to bully without getting caught," said Addison Mizner parent Maria Brandwein, whose fifth-grade son was harassed at school. "They do it on the way to recess, or on line for the water fountain, when the teachers aren't ~tching. I've found that teachers will try to intervene if they are aware of it, but not fery teacher is aware." The Olweus (pronounced ol-VAY-us) program, designed for children 6 to 15, seeks to fill in such gaps by making sure schools have a detailed system to monitor students during 1 break periods. Designed by Dan Olweus, a Norwegian professor, the program is being used in Norway, Great Britain and Germany, and in the United States, schools LO Colorado, Arizon~ and Pennsylvania have reported success. Each Olweus school has a Bullying Prevention Coordinating Committee, which includes teachers, administrators, parents and students. Schools ask students to fill out questionnaires about their experiences with bullying and conduct regular classroom meetings about proper ways to interact. Administrators meet separately with the aggressor and the victim to get them to speak honestly and also meet with the parents of both children. Children appear in public service announcements that urge fellow students to stop bullying and report it when they see it. Lois Solomon can be reached at lso1omon@sun-sentinel.com or 561-243-6536. Author: Lois K. Solomon Education Writer Section: LOCAL Page: IB Copyright 2005 Sun-Sentinel Company 2 err 1lI.-ANNOUNCEMENTS &. PRESENTATIONS Item C.3 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Meetin2 Dates in to City Clerk's Office Requested City Commission MeetiOll Dates Date Final Form Must be Turned in to City Clerk's Office December 5. 2005 (Noon) o Februllfy 7, 2006 o Februllfy 21, 2006 o March 7, 2006 o March 21, 2006 Janullfy 17. 2006 (Noon) 0 December 6, 2005 0 December 20, 2005 0 Janullfy 3. 2006 0 Janullfy 17. 2006 November 14, 2005 (Noon.) Februllfy 6. 2006 (Noon) December 19, 2005 (Noon) February 21,2006 (Noon) Janullfy 3. 2006 (Noon) March 6, 2006 (Noon) NATURE OF AGENDA ITEM o Administrative o Consent Agenda o Public Hearing o Bids o Announcement o City Manager's Report o Development Plans o New Business o Legal o Unfinished Business o Presentation I""~ .. ""-,..i:.i RECOMMENDATION: To present certificates of appreciation to members of the City of Boynton Beaffi Al\:S@ Pee Wee (ages 5-9) and Junior (ages 10-14) Cheerleading squads. ,;,; EXPLANATION: These two cheerleading squads took part in the Central Florida Regional Competition held in Orlando on December 10, and the Tropical Regional Championships held in Vero Beach on December 17,2005. The young ladies representing the City of Boynton Beach competed against squads throughout the state of Florida. Both squads came in first place in their respective divisions at both of these noteworthy competitions. They have now qualified to compete at the national championships that will be held in Orlando on March 10-11, 2006 PROGRAM IMPACT: Senior Recreation Manager Mary DeGraffenreidt began this program in 2004. Through hard work and dedication, the squads have continued to improve to the point where they have been invited to participate at many prestigious events, including the 2005 Disney World Thanksgiving Day Parade. Although they were not able to accept this invitation, this demonstrates the positive impact these young ladies have made in such short period of time. FISCAL IMP ACT: Funding for the program is provided through registration fees and support from local sponsors. ALTERNATIVES: N/A / - ~ City Manager'SSignature Recreation & Parks Department Name City Attorney I Finance I Human Resources .ctt' r'l.' " k. " ", , \ ' i :. 1._ ::.', i(J ~.. .. .... ,'v ',. "0 .' II1.-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 Meetinl! Dates in to City Clerk's Office Meetine: Dates in to City Clerk's Office D December 6, 2005 November 14,2005 (Noon.) ~ February 7, 2006 January 17,2006 (Noon) D December 20, 2005 December 5, 2005 (Noon) D February 21, 2006 February 6, 2006 (Noon) D January 3, 2006 December 19, 2005 (Noon) D March 7. 2006 February 21. 2006 (Noon) D January 17, 2006 January 3, 2006 (Noon) D March 21, 2006 March 6, 2006 (Noon) D Administrative D Development Plans NATURE OF D Consent Agenda D New Business AGENDA ITEM D Public Hearing D Legal D Bids D Unfinished Business D Announcement ~ Presentation D City Manager's Report RECOMMENDATION: Presentation to Don Fenton for his dedication to the City over the past 5 years. EXPLANATION: Lisa Bright. Director of the CRA, would like to recognize Don Fenton for his dedicated service to the City of Boynton Beach. PROGRAM IMPACT: FISCAL IMPACT: ALTERNATIVES: ~= Department Head's Signature Department Name City Attorney / Finance / Human Resources SIBULLETINIFORMSIAGENDA ITEM REQUEST FORMDOC Virginia K Farace I, ~~;Cj'-.C~ l '--"1"""- V. ADMINISTRATIVE ITEM A. From: To: Sent: Subject: <DocFMB@aol.com> <fa race _ v@popmail.firn.edu> Sunday, January 08, 2006 9:44 PM Re: EAB mtg Thurs Jan 12 .," I': .'i \ G :.1:1 , . Dear Virginia, In order to get my teaching certification I am required to take certain classes, This semester I will be taking the final 2 required courses at FAU. Unfortunately one oflhe classes is on Thursdays from 4-7. Since my term expires this April, I have no allernate but to resign from the board, please use this as my letter of resignation. Thanks for the opportunity to serve the city. Sincerely, Floyd M. Beil ~/ 01/09/2006 V.ADMINISTRATIVE ITEM B. APPLICANTS ELIGIBLE FOR APPOINTMENT 02/07/06 LAST NAME FIRST 1st CHOICE 2'10 CHOICE 3ra CHOICE APPLICATION NAME SUBMITrED Allard John Recreation and 9/13/05 Parks Bd. Barnes Matthew Community Planning and 7/27/05 Redev. Aoencv Develooment Bd Fitzpatrick Michael Planning & 2/25/05 Development Board Hay Woodrow Community 1/3/06 Redevelopment Aaencv Lender Wayne Community 1/28/05 Redevelopment Aoencv Rodriguez Jose Community 9/30/05 Redevelopment Aoencv APPLICANTS FOR VETERANS ADVISORY COMMISSION: (There are two non-reSidents permitted by Ordinance; One (1) in a Regular position and one (1) in an Alternate Position. Those position are currently filled.) * Andrea William Veterans 9/19/05 Commission *Goldgeier Larry Veterans 9/16/05 Commission *Jones Jerry Veterans 9/19/05 (Gerald) Commission Krabill Thomas Veterans 12/10/05 Commission *Leibensohn Marvin Veterans 9/16/05 Commission **Milano Angelina Veterans 9/19/05 Commission * Marilyn Veterans 9/19/05 **Nemes Commission **Sims Wilbur Veterans 9/22/05 Jean Commission o "Non resident o ""May Serve Only as an Honorary Member JAP 2/1/20062:23 PM S:\CC\WP\BOARDS\APPMENTS\Board Year 2005\APPLlCANTS ELIGIBLE FOR APPT 01 17 06.doc CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM VI.-CONSENT AGENDA ITEM B.l. Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meetine: Dates in to City Clerk's Office Meeting: Dates in to Citv Clerk's Office D December 6, 2005 November 14,2005 (Noon.) S February 7, 2006 January 17,2006 (Noon) D December 20, 2005 December 5, 2005 (Noon) D February 21, 2006 February 6, 2006 (Noon) ~ January 3, 2006 December 19, 2005 (Noon) D March 7, 2006 February 21, 2006 (Noon) TAI:,Ie.d, D January 17,2006 January 3, 2006 (Noon) D March 21, 2006 March 6, 2006 (Noon) D Administrative D Development Plans NATURE OF D 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: Motion to award the "TWO-YEAR CONTRACT FOR SCHOOL CROSSING GUARD SERVICES" Bid # 009-2110-06/JA, for an estimated annual expenditure of $ 261.000.00. CONTRACT PERIOD: JANUARY 1, 2006 TO DECEMBER 31, 2007 EXPLANATION: On November 22, 2005 Procurement Services received and tabulated two (2) proposals for this bid. Staffing Connections/Action Labor is the current contractor used by the City. Staffing Connection/Action Labor will provide guards as needed throughont the school year. Staffing Connection/Action Labor is the lowest, most responsive, responsible bidder who meets all specifications. Chief Matthew Immler concurs with this recommendation, (see attached memo). In 1972 Palm Beach County enacted an ordinance (72-8) that provided funding to the municipalities for crossing guard salaries. The program was administered through the sheriffs office. Unfortunately, in 1990 that ordinance was repealed and the county no longer provided funding for crossing guards other than what was required by the sheriff to cover the unincorporated areas. Florida Statute 1006.23(2)(a) places the responsibility for crossing guards on the "governmental agency having jurisdiction" over what the statute refers to a "hazardous walking condition." This means that intersections meeting the statutory criteria need to be controlled by a crossing guard paid for by the municipality. There are 30 such locations within the City of Boynton Beach, several of which require two crossing guards to properly control the flow of traffic and students. Florida Statute 318.21(11)(a) provides that the county or the municipality may impose a surcharge on parking fines for the sole purpose of funding school crossing guard programs. All such fnnds would have to be deposited into a trust fund called the "School Crossing Guard Trust Fund" which could be used to pay for crossing guard coverage. Currently, the county does not impose such a surcharge. PROGRAM IMPACT: The purpose of this bid is to establish a firm price for a two-year period, for the provision of School Crossing Guard Services on an "AS NEEDED BASIS" at designated times and various locations determined by the City. S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC " 1 2 RESOLUTION NO. R06- 001 3 4 A RESOLUTION OF THE CITY OF BOYNTON 5 BEACH, FLORIDA, APPROVING THE AWARD OF 6;. BID #009-2110-06/JA TO STAFFING I: 7 CONNECTION/ACTION LABOR FOR THE TWO 8 YEAR CONTRACT FOR SCHOOL CROSSING 9 GUARD SERVICES FOR AN ESTIMATED ANNUAL 10, EXPENDITURE OF $261,000.00; AUTHORIZING 111 THE CITY MANAGER TO EXECUTE CONTRACT 12 DOCUMENTS; AND PROVIDING AN EFFECTIVE 13 DATE. 14 15 16 WHEREAS, On November 22, 2005, two (2) proposals were received and opened 17 by Procurement Services for the two year contract for school crossing guard services, and 18 staff is recommending the award to Staffing Connection/Action Labor as the lowest, most 19 responsive, responsible bidder who meets all specifications. 20 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION 21 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 22 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed 23 as being true and correct and are hereby made a specific part of this Resolution upon 24 adoption. 25 Section 2. The City Commission of the City of Boynton Beach, Florida, 26 hereby approves the award of Bid #009-211O-06/JA to Staffing Connection/Action Labor 27 for the two year contract for school crossing guard services, and does hereby authorize the 2B City Manager to execute a contract in the estimated annual expenditure of $261,000.00, a 29 copy of said Contract is attached hereto and made a part hereof. 30 Section 3. That this Resolution shall become effective immediately. S:\CA\RESO\Agreements\Bid Awards\Award of Bid ~ Staffing Connections (Crossing Guard).doc II 2 3 PASSED AND ADOPTED this _ day of ,2006. 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 ATTEST: 22 23 24 City Clerk 25 26 (Corporate Seal) 27 28 29 30 CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner S:\CA\RESO\Agreements\Bid Awards\Award of Bid - Staffing Connections (Crossing Guard}.doc CONSULTANT AGREEMENT FOR THE TWO-YEAR CONTRACT FOR SCHOOL CROSSING GUARD SERVICES THIS AGREEMENT, made as of Februarv 07. 2006, by and between the City Of Boynton Beach, Florida, a municipal corporation organized and existing under the laws of the State of Florida (hereinafter "CITY"), and Staffin!!: Connections/Action Labor a Nevada company. WITNESSETH: WHEREAS, the CITY is desirous of providing for the satisfaction of its school crossing guard program through an independent contractor agreement; and WHEREAS, Staffin!!: Connections/Action Labor is in the business of providing various labor forces, including, but not limited to, school crossing guard services with appropriate certifications, and WHEREAS, the parties are desirous of providing for the terms of their Agreement, entered into as a result of Request for Bid no.# 009-2110-06/JA issued by CITY, and the Proposal of "TWO- YEAR CONTRACT FOR SCHOOL CROSSING GUARD SERVICES", dated November 21.2005 (collectively the "Bid Documents"). NOW, THEREFORE, in consideration of the mutual covenants herein contained, the legal sufficiency of which is hereby acknowledged, the parties agree as follows: I. SCHOOL CROSSING GUARDS: Staffin!!: Connections/Action Labor shall provide the school crossing guard and supervisory services necessary to satisfy the requirements of the CITY School Crossing Guard Program in accordance with the specifications and the rates provided in the Bid Documents, copies of which are attached hereto and incorporated herein as Composite Exhibit "A". Staffin!!: Connections/Action Labor (hereinafter known as Staffin!!: Connections/ Action Labor) shall provide the following minimum personnel, at the locations and during the time herein described, for the consideration hereinafter set forth: (a) number of guards and rate - See Composite Exhibit "A" (b) number of supervisory personnel- See Composite Exhibit "A" The CITY reserves the right to require more or less crossing guard services upon three (3) days written notice, specifying its needs. Schedule and locations of services are described in Composite Exhibit "A". ATTACHMENT "B" 2. DUTY HOURS; DUTY LOCATIONS: Staffinl! Connections/Action Labor shall provide the personnel described above during school hours and at all posts as deemed necessary by the School Board and the CITY. The CITY has the right to change the duty hours, as well as duty locations, by written directive, which shall become effective on the date set forth in such written directive, provided that such date shall not be sooner than three (3) business days from the date of the written directive. 3. CONSIDERATION: Staffinl! Connections/Action Labor shall be compensated for the services provided hereunder in accordance with the hourly rate set forth in Paragraph 1. Staffinl! Connections/Action Labor shall be solely responsible for and shall provide for the payment of workers compensation insurance coverage and premiums, withholding taxes, FICA, benefits, if any, all remunerations; all labor contract compliance and all other charges. Staffml! Connections/Action Labor is being retained as an Independent Contractor and acknowledges this Agreement does not create any employment relationship with the CITY. The CITY shall bear no responsibility for any such charges, fees, permits, and the like associated with the employment of such personnel. Staffinl! Connections/Action Labor acknowledges that the CITY is contracting for the full crossing guard services for the hours and at the described posts as stated in this Agreement. This Agreement requires that qualified personnel service be at each post during the prescribed post hours. 4. TRAINING AND SUPERVISION: Staffinl! Connections/Action Labor shall be responsible for furnishing training and certification of each of the personnel set forth in Paragraph 1 (a). Staffinl! Connections/Action Labor represents that it is a qualified trainer and shall provide personnel meeting these training and certification standards required pursuant to Section 234.302, Florida Statutes. No person lacking such certification shall perform services for the CITY hereunder by Staffinl! Connections/Actions Labor. Staffinl! Connections/Action Labor shall have, at all times during the term hereof, at its ready disposal, backup personnel. The CITY shall pay the rate as set forth in Paragraph I for actual training and retraining of applicable personnel. Staffinl! Connections/Action Labor shall provide the services as set forth in composite exhibit "A". 5. UNIFORM: The CITY will turn over all equipment after inventory to Staffinl! Connections/Action Labor for continued usage throughout the term of this Agreement. All personnel shall wear dark slacks, skirts or shorts and a white top with appropriate identification badge. At all times during the performance of their duties, all personnel shall dress in a clean and neat manner. Staffinl! Connections/Action Labor will assume equipment replacement responsibility as needed. ATTACHMENT "8" 6. COMPORTMENT; CHANGE OF PERSONNEL: At times when such personnel are working in the CITY whether or not on duty, such personnel shall comport themselves in a manner which will not bring disrespect upon the CITY or Staffim! Connections/Action Labor, or call into question the competence or demeanor of such person relative to the performance of the School Crossing Guard Service, which, by its nature, requires such personnel to come into contact with minors. The CITY reserves the right to require the change of any personnel upon not less than three (3) business days written notice, setting forth the name of the person to be replaced, or in the absence of a name, the description and location of the post location. 7. DUTY ROSTER: Staffml! Connections/Action Labor shall provide the CITY with the names of all personnel, and the location of such individual's post location. Such roster shall be provided on a weekly basis as of Friday of the week preceding. 8. TERM: This Agreement shall commence on the 07 day of 9. Februarv. 2006, and include the period from the Commencement Date through the last day of the academic school year according to the School District of Palm Beach County, Florida for the remaining part of the school year. The contract will be for two (2) years, with the option to renew the contract, at the same terms and conditions, for a maximum of two (2) additional one year periods subject to vendor acceptance, and satisfactory performance, and determination that renewal will be in the best interest ofthe CITY. Option to renew should be provided in writing pursuant to the notice provision thirty (30) days prior to the end of the contract period. 9. BILLING: Staffinl! Connections/Action Labor shall provide an invoice to the CITY no more frequently than once per month. Each invoice shall be accompanied by a cumulative time sheet detailing all employee time logged for the invoice period as well as a copy of each individual's employee time card. The time sheet must list each guard by name, location, pay rate, bill rate and daily hours worked. 10. TERMINATION: Either party may terminate this Agreement on written notice, provided that the services hereunder shall not be terminated until thirty (30) days subsequent to the date of such written notice. II. INSURANCE: Staffinl! Connections/Action Labor shall provide liability insurance coverage, written with such insurance carriers as the CITY shall reasonably approve, for personal injury and property damage. Comprehensive General Liability Insurance must be written on the comprehensive form of policy. The policy must contain minimum limits of liability as follow or $1, 000,000 Combined Single Limit; Bodily Injury of$I,OOO,OOO and Property Damage of $500,000 each occurrence. ATTACHMENT "B" Employer's Liability Insurance requires $1,000,000, and Workers Compensation Insurance statutory requirements. All insurance policies must be issued by companies authorized to do business under the laws of the State of Florida. The companies must be rated no less than "B+" as to management, and no less than "Class V" as to strength by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Olwick, New Jersey, or its equivalent, or the company must hold a valid Florida Certificate of Authority as shown in the latest "List of All Insurance Companies Authorized or Approved to do Business in Florida ", issued by the State of Florida Department ofInsurance and are members of the Florida Guaranty Fund. All required policies of insurance shall contain a provision of endorsement that the coverage afforded shall not be cancelled, materially changed or renewal refused until at least thirty (30) calendar days written notice has been given to the CITY by certified mail Staffinl! Connections/Action Labor shall submit prior to commencement of any work, a Certificate of Insurance showing the CITY as additional insured. 12. INDEMNIFICATION: Staffinl! Connections/Action Labor agrees to indemnify, defend, and save harmless the CITY, its officers, agents, and employees, from and against any and all liability, claims, demands, or damages, caused by any negligent act or omission, misfeasance, or malfeasance of Staffinl! Connections/Action Labor connected with the performance of this Agreement, whether by act or omission ofStaffinl! Connections/Action Labor, its agents, servants, employees or others; unless said claim for liability is caused by the negligence, misfeasance or malfeasance of the CITY or its agents and employees. Nothing herein shall constitute a waiver by CITY of the protections, immunities, and limitations ofliability afforded CITY under Section 768.28, Florida Statutes. 13. NON-ASSIGNABILITY: This Agreement or any portion hereof shall not be assigned or transferred by either party without the written consent of the other party. 14. CONSTRUCTION: This Agreement and the terms hereof shall be construed in accordance with the laws of the State of Florida and venue for all actions in a court of competent jurisdiction shall lie in Palm Beach County, Florida. IS. JOINT PREPARATION: The preparation of this Agreement has been ajoint effort of the parties, and the resulting document shall not, solely as a matter of judicial construction, be construed more severely against one ofthe parties than the other. It is the parties' further intention that this Agreement be construed liberally to achieve its intent. ATTACHMENT "B" 16. COUNTERPARTS: This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original, but all of which shall constitute one and the same Agreement. 17. EXHIBITS ARE INCLUSIONARY: All exhibits attached hereto or mentioned herein which contain additional terms shall be deemed incorporate herein by reference. 18. NOTICES: Except as provided above, whenever either party desires to or must give notice to the other, it must be given by written notice, sent bv certified U.S. Mail. with return receipt requested, addressed to the partv for whom it is intended, at the place last specified and the place for giving notice in compliance with the provisions of this paragraph. For the present, the parties designate the following as the respective persons and places for giving of notice: CITY: Procurement Services 100 East Boynton Beach Blvd. P.O. Box 310 Boynton Beach, FL 33425 WITH A COPY TO: Mike Munro 100 East Boynton Beach Blvd. P.O. Box 310 Boynton Beach, FL 33425 Notices to the contractor can be sent to: Staffing Connection/Action Labor 1280 S. Powerline Rd. Pompano Beach, FI 33069 Carole S. Greenich 19. In the event of any conflict between any provisions of this Agreement and any provisions in the exhibits hereto, the parties agree that the provisions of this Agreement are controlling. IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day and year first above written. CITY OF BOYNTON BEACH By: ATTEST Kurt Bressner, City Manager ATTACHMENT "B" Janet Prainito, City Clerk Approved as to form: By: City Attorney Signed, Sealed, and delivered In the presence of: BY: Print Name Print Name Title: Print Name (CORPORATE SEAL) ATTEST: Secretary STATE OF FLORIDA ) )SS: COUNTY OF PALM BEACH ) BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgments, personally appeared as , of , an organization authorized to do business in the State of Florida, and acknowledged executed the foregoing Agreement as the proper official of . for the use and purposes mentioned in it and affixed the official seal of the corporation, and that the instrument is the act and deed of that corporation. He/she is personally known to me or has produced as iden1ification. ATTACHMENT "B" IN WITNESS OF THE FOREGOING, I have set my hand and official seal at in the State and County aforesaid on this day of ,20_. NOTARY PUBLIC My Commission Expires: CITY OF BOYNTON BEACH, FLORIDA INTER-OFFICE MEMORANDUM TO: Janet Allen DATE: SUBJECT: REFERENCES: ENCLOSURES: 11-29-05 FILE: Bid #009-2110-06/JA Crossing Guards FROM: Chief G. Matthew Immler It is my recommendation we proceed with the lowest bid from Staffing Connection on the School Crossing Guards. They are the current provider and we have a good working relationship with them. DISAPPROVED \nv.29. 2005 12:42PM act inn 561-683-3375 Nn. 2273 P. 2 November 29, 2005 City Of Boynton Beach Attention: Michael Munro 100 E. Boynton Beach Blvd. Boynton Beach, Fl. 33425-0310 Dear Michael: This is in reference to our conversation this morning, regarding fixed rates for the duration of the Crossing Guard Contract. Rates for the first and second years of the contract will remain tixed at the average bill rate of $13.709 for 29 guards. If a third year Is extended to Staffing Connection, the rate will also remain the same. We have enjoyed our relationship with the City Of Boynton Bcach during the past three years and hopefully, look forward to a continued partnership. Thank you for your help and if you need any additional information, please don't hesitate to contact me. Sincerely, CAROLE S. GREENICH MANAGER SCHOOL CROSSING GUARD DIVISION EXHIBIT A: PROPOSED BILL RATE BASED ON CURRENT GUARD RATES TOTAL FOR 29 GUARDS (SEE ATTACHED SHEET FOR BREAKDOWN) 21 GUARDS-BILL RATE WILL BE $ 12.56 4 GUARDS-BILL RATE WILL BE $ 14.77 2 GUARDS-BILL RATE WILL BE $ 18.20 2 SUPERVISORS-BILL RATE WILL BE $ 19.16 STARTING NEW GUARD'S PAY RATE WILL BE AT THE LOWEST RATE ON THE SCALE. THIS INCLUDES A 3% COST OF LIVING INCREASE FOR GUARDS CURRENTLY WORKING FOR THE CITY OF BOYNTON BEACH. THIS INCREASE IS BASED ON THE RI DIVISION OF WORKERS' COMPENSATION RATES EFFECTIVE 5/10/05. SEE ATTACHMENT. RESCINDING NOTICE. 2ND YEAR RATE-COST OF LIVING INCREASE FOR THE SECOND YEAR WILL BE BASED ON THE RI DIVISION OF WORKER'S COMPENSATION RATES NEXT MAY. THE CONTRACT ALLOWS FOR A ONE YEAR EX- TENSION AFTER THE TWO YEAR CONTRACT. THE COST OF LIVING RATES WILL BE BASED ON THE COMPENSATION RATES THAT YEAR. -...................................... UI'WJ.H ,",Abl:. ~ 11J4 _. . EXHIBIT A: CITY OF BOYNTON BEACH SCHOOL CROSSING GUARD LOCATIONS & TIME SCHEDULE Congress at MidC.!e School 08:15 -09:00 03:45 - 04:30 Ocean Pkway & Miner Road 07: 15 - 08:00 01:50 - 02:35 Ocean Pkway & N. Seaerest 07:00 - 07;45 02:00 - 02:45 Lawrence &: Gateway 07:15 -08:00 01 :50 - 02:35 Congress at Middle School . 08:15-09:00 03:45 - 04:30 Miner Road ~hool 07: 15 - 08:00 . 01 :45 - 02:30 . COllgl'css A'~~R 804 08:15-09:00 06:45 - 04:30 ConEreSS Ave &. :~R 804 08:15-09:00 03:45 - 04:30 N. Seaerest &. NW 12'" Ave 07:15 -08:00 01 :50 - 02:35 Lawrence &. Gateway 07:15 - 08:00 01:50 - 02:35 Seacrest & Woolbright 07:00 - 07:45 02:00 - 02:45 Old Boyntor!Mil: Congress 08:15 - 09:00 03:45 - 04:30 Citrus Blvd at scb.ool 07:25-08:10 01 :45 - 02:30 NW 4'" Street &.NW 4"' Ave 07:15 -08:00 02:00 - 02:45 Boynton Bcj~i &. Seaerest 07:00 - 07:45 02:15-03:00 Old Boynton &. Coneress 08:15-09:00 03:45 - 04:30 SW 10m A VI~ &. S'Mere$t 07:15-08:00 02:00 - 02:45 SW 10'" AVI~ & SW 3'" Street 07:15-08:00 01:50-02:35 Lawrence Rd in D'Ont of school 07:25-08:10 02:00 - 02:45 Hypoluxo R~1lnt of scbool 07:15-08:00 01:45-02:30 Hypoluxo R~'ont of school 07:15 -08:00 01:45 - 02:30 Hypoluxo R~ Elltrance 07:15-08:00 01:45 - 02:30 Hypoluxo Rd & Meadows Way 07:15-08:00 02:00 - 02:45 . - Hypoluxo R~antaluces Blvd 07:1.5-08:00 02:00 - 02:45 Hypoluxo R~awrence Rd 07:15-08:00 02:00 - 02:45 Meadows BJ~ Meadows Way 07:15 - 08:00 02:00 - 02:45 Con2I'CSs A \Te in front of school 07:15-08:00 01:45-02:30 Congress A \~ront of school 07: 15 - 08:00 01:45-02:30 Congress Ave &. GolfRd 07: 15 - 08:00 02:00 - 02:45 Conmss Ave & OolfRd 07:15 - 08:00 02:00 - 02:45 Congress A'~;W27'" Ave 07:15-08:00 02:00 - 02:45 Congress A "0 &. SW 25'h Ave 07:15-08:00 02:00 - 02:45 GUARD LOCATION A.M. P.M. 6 ... " <ll 13 ... ... <II '" <ll '" .. .. .. .. .. '" z o H H -<: U H '" H U '" '" '" o ... " :f <ll .N~ ',", ;.: ....:l ~ '" H '" '" ;.: o ~ Vl W t.) :> It: W Vl Cl It: <( ::J C> C> z in Vl o It: t.) ..J o o :r t.) Vl o It: ... 0 u. l- t.) C2 I- Z o t.) . It: ~ <( g ~ ;.: 6 ~~ ;;'J rr: '" '" '" H '" '" ....:l '" H '" Z o '" '" '" rr: ... o ... U <ll ... ..... '" <ll U " <II " ..... '" '" :> H '" Z o '" '" '" rr: H '" o ;.: H '" '" 1:5 ....:l '" :I: H .. .. .. .. .. <ll ..c:: ... ... 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'" o u z ijj w ,.. <n w ,.. f- ~ o u: "- <>: '" II <>:0 "'w "'f- ~f- "'- '::1' f=", Z::J <>:r/J <n w ,.. <n w ,.. ,.. f- a: o Z ::1' "-en oen zW O~ nen f-::J ::1'", ;;;0 nW "-Z Z;;: 00 II Zo "'w ~u: ,.f= ~ffi ~u <n w ,.. W W '" "- ti; ::Jo "'W Of- <>:to "-::1' 0'" z::J oen nW f-ll <>:<>: ::1'-, "'a. n'" u.", Zo 8;;: <n w ,.. <n w ,.. '0 . ~ . ~ . 02 -g ~ w ,.. " ~ 0 ~ 0 g ~ ~ ~ ~ r. E ~ ~ .~ Jl "0 ~ o '" ~ c .. JB 2 ~ ' ~u <no c 0 .2 -5 16<n :i 15 jij"- f-u 1:: c o u ~ ~ ,.. ! .E , , , "0 ~ o " c W ~ ~ u c ~ 2 ~ f en f- Z W ::1' ::1' o II 11/09/2005 09:14 6. 7. 8. 9. 10. 2063738%0 ONVIA PAGE 27/34 STATEMENT OF BIDDER'S QUALIFICA nONS Each Contractor biddin g on wen:k included in. these General Documents shall prepare and submit the data requested in the: folIc,wing schedule of information. TItis data must be included ill and made part of each bid document. Failure to comply with this instruction may be regaJ:ded <8 justification for rejecting the Contracten:'s proposal. '" attlch additional sheets giving the infCJJmation 1. Name of Bidder: --S'1&~~ ~~U.lM Jt4~ ~ Business Addrer:s: --.J~" S. ~~ ~. · ~.~l. ....- ~ ~u..J" Fl. 3aa', When Organized: .lfjJ, ~ . - Uc.. - ~ l Where Incorporated: . ~~ - U-~ ~ 2. 3. 4. 5. How many .:;;a~,~,b?3~~aged,in.the contracting busiue~ wvJer the r;:.TJ:. _. ,,~ firm name? ~ - "'''~. Nc:.~rt\ ~ ,- General characwr of work perfCJJmed by your company. S'rA-t:~~r\~ · iJ~ ~ Cluxtl" ~S ~ ~~ ~~ ~ -4\t~\~~l, ~~l4 ~ S~~(u\~ ~\t~ Enclose evidence "f possession of required licenses and/en: b1L~iness permits. Nurnberofcmployees. S~~~ -'/. AckM~. 7S'"' Background and expelience of principal members of your personnel, including Officers;; ~?~ Bonding capacit:y. i~ c:::;; s: kW- 11. Havc you ever d,~faulted on a contract? If so, where and why?'" No 26 THIll PAGE TO BE SUBMITTED IN ORDER FOR PACl<AGJj; TO BE C ;ONSIDERED COMPLETE AND ACCEPTABLE ~ov, 29, 2()05 :2:42PM action 50H23-3375 STAffING CONNECTION fAX 1280 S. Pc9WE'RLINE 'Rc9AV #25 & 26 PO~PANc9 'BEACH, FL. 33069 PH.c9NE: 954-979-8644 FAX: 954-979-7856 Tc9LL FREE. # 1-866 -353 -7008 CROSSING GUARD DIVISION MANAGE'R CA'ROLE s. G'RffNICtl TO: MICtlAfL MUN'RO F'ROM: CAROLf G'RffNICll COMPANY: CITY Of 'BOYNTON 'BfACtl DATE: 11(29(05 SU'BjECr: CONT'RACT INFO , FAXfD TO PtlONE NUM'Bf'R: 1-561-74-2 -6185 PAGfS: 2 INCLUDING COVf1< No, 2273 p, 1 The City of Boynton Beach ~. c-- /{L\ .' "I' .C', '.-.,t '\ I:: . \c.:v' ' . >:~i*~':.~ Procurement Se",ices 100 E. Boynton Beach Boulevard P. O. Box 310 Boynton Beach, Florida 33425~031 0 Telephone: (561) 742-6310 FAX: (561) 742-6316 ADDENDUM #1 DATE: NOVEMBER 15, 2005 RFQ TITLE: TWO-YEAR CONTRACT FOR SCHOOL CROSSING GUARD SERVICES RFQ NUMBER: #009-21l0-06/JA The following changes, additions, deletions, and/or information are hereby made a part of the Bid for the "TWO-YEAR CONTRACT FOR SCHOOL CROSSING GUARD SERVICES" PLEASE DELETE THE ORIGINAL PROPOSAL PAGES 24 & 25 AND REPLACE WITH REVISED PROPOSAL PAGES. Date "J~llol- , ~t\~ *~~ orporation, Firm 0 I THIS PAGE TO BE SUBMITTED IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE By a.c ~ ~~..-". Signature Q.~l~ C;:. G~UluJ. q. _wd N=o A-~t.-"- tie crS\l" tt7tf ..~t, 'I ~ Telephone Number ~1< m~ Mary Munro Assistant to the Finance Director /JA C: Michael Munro, Police Department Demandstar.com Shelf Copies File 2 THIS PAGE TO BE SUBMITTED IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE i'n .. 10: ~arOle Greenich (l95q9797856) 12:16 11/15/05 EST Pg 1-2 The City of Boynton Beach DATE: RFQ TITLE: RFQ NUMBER: Procurement Senlices 100 E. Boynton Beach Boulevard P. O. Bo.t:310 Boynton Beach, Florida 33425-0310 Telephone: (561) 742-6310 FAX' (561) 742-6316 ADDENDUM #2 NOVEMBER 15, 2005 TWO-YEAR CONTRACT FOR SCHOOL CROSSING GUARD SERVICES #009-211 0-06/JA The following changes, additions, deletions, and/or information are hereby made a part of the Bid for the "TWO- YEAR CONTRACT FOR SCHOOL CROSSING GUARD SERVICES" CHANGE IN SCOPE OF SERVICES: A). THERE IS AN ESTIMATED 29 CROSSING GUARDS PER WEEK B). THERE IS AN ESTIMATED 19,000 HOURS PER YEAR Date SrA~~~.t~ ~ L.a~ (Name of dder, Corporation, firm or Individual) By ~~~ ~ --. ~~~,,,:~\-'Vf't. SIgnature 1 THIS PAGE TO BE SUBMITTED IN ORDER FOR PACKA.GE TO BE CONSIDERED COMPLETE AND ACCEPTABLE unVia.com Inc 10: carole Greenich (19549797856) 12:1611/15/05 EST Pg 2-2 a,- ~'~\.t.I.\'~ Printed Name M~~G.lfr. ton.. Itle q~~ 'rt:h~:N~dL ~:Km~ Mary Munro Assistant to the Finance Director /JA C: Michael Munro, Police Department Demandstar.com Shelf Copies Files 2 THIS PAGE TO BE SUBMITTED IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPT ABLE ll/~j/~~~~ ~~:14 ~~b3138968 ONVIA PAGE 84/34 SPECIFICATIONS FOR TWO- YEAR CONTRACT FOR SCHOOL CROSSING GUARD SERVICES The purpose of this bid is te> establish a finn price, for a two-year period, for the provision of School Crossing Guard Services on an "AS NEEDED BASIS" at designated times and various locations delennined by the City. The awarded contractor will be responsible for the supervision of all personnel in ao~ordallce with contract specifications, terms and conditions, and shall exercise exclusive control oV'~r persons employed to fulfill these contract requirements. Please place an (x) on the blank line next to each item if a specification is met If exception is taken (alternatives), biclder must explain using a separate sheet of paper. Bidder must submit specifications "check-off" sheets (Pages 3-6) with the proposal sheet ill order for a bid to be considered. ~ Orders will be placed on an "AS NEEDED BASIS" to meet City usage requirements. . . --L Contractors shall specify the estimated response time necessary to get crews working after receipt of order. The response time should be your best estimate, as orders will be placed based on that bformation. l Hourly charges ()ffered and accepted must remain fIrm for the term of the contract. ~ Contract shall p;~ovide the City with a list of names. and telephone numbers, and training dates of all guards, b:lck-up guards, and field supervisors. Changes to the list are to be provided to the City a;. they occur. ~ The Contractor :Ihall Employ persDns who llI'e neat, clean, well groomed, courteous and at least twenty-one (21; yellI'S of age and legally entitled to work in the United States. Persons employed by the Contractor shall meet the requirements of the Immigration RefOlTIl and COIItrol A.et of 1986. L Contractor is required to run a criminal background check on all employees contracted for assignment to tile City of Boynton Beach. Eligible employees shall have no felony convictions. ~ If requested by the City" Contractor agrees to remove any employee and substimte an acceptable person at that crossing post. Contractor is responsible for ensuring employees have completed all required training before being assigned to work as a crossing guard. 3 TillS P AG.E TO BE SUBMITrED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABILE 11/~g/2BB5 B9:14 2063738960 ONVIA PAGE B5/34 ~ Contractor must maintain a daily time sheet with the signatul'e of the employee on each work shift and the location of their guard post. A copy of this log will be submitted weekly to the City. ~ The City will accept invoices no more fJ:equently than one (I) time per month. Each invoice shall b,~ accompanied by a cumulative time sheet detailing all employee time logged for the hwoice period as well as a copy of each individuals employee's time card. The time sheet must list each guard by name, location, pay rate, bill rate and daily hours wor:ked. TRAINING ~ It shall bc the :respollsibility of the Contractor to ensure that all persons employed as crossing guard~ receive and successfully complete proper training as J:equired by law. The Contractor may perfonn the training with it's own staff if they are certified crossing guard trainers, or sub.contract for certified training to mcet this requirement. ~ Contractor shall subrrit verification of certified crossing guard trainers. ~ Fotmal training of all crossing guards assigned to the City contract shall be conducted as per the standards and guidelines established by the State of Florida Department of Transportation. in accordance with Section 316.75, Florida Statutes, known as the "Ramon Turnquest School Crossing Guard Act." Such training shall be conducted by certified school cros sing guard trainers, as required by the Florida Department of Transportation: .lnd consist of, at a minimwn, Classroom Training and Field Training. L The Contractor will provide at least one (I) training/re-training session per year, which shall be attendfd by all of the Contractor's employees assigned to work on th.e City contract. Any additional training, such as !raining of new employees throughout the school year, will be the sole responsibility of the Contractor. SCHEDULE AND LOCATlONS OF SERVICE i The Contractor I;hall he required to pl'OVide school crossing guard coverage at tbe various locations includ,ed in the bid specifications. The City reserves the right to increase or decrease the number of crossing locations to be staffed. The Contractor shall be flexible ' and provide guards for the hours needed upon thc insuuctions of appwpriate City personnel. ~ It is estimated that school crossing guard services will be required for a total of approximately 180 days per year. During summer school sessi.ons, three (3) guards will be required for llpproximately 30 days. The Contractor will be responsible for obtaining 4 . TIllS P Al,;,E TO BE SUBMITTED ALONG WITH PROPOSAL IN ORtlER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABI,E 11/09/2005 09~14 2063738960 ONVIA PAGE 06/34 the specific sel"/ice dates required by obtaining the school schedule from the Palm Beach County Public School system. ~ The Contractor shall provide two (2) experienced field supervisor at all times to oversee the operations when guards are on duty. All supervisory persollI1el shall be certified school crossing guards. It will be the responsibility of the field supervisor(s) to ensure that all crossings are properly staffed at all times such staftIng is required by the City. ~ The Contractor shall provide each working guard with the name and telephone number of a back-up in case thE' working guard cannot be at his post. The Contractor shall ensure that the back-up guard is fully trained and familiar with the specific crossing locations. L The Contractor shall }rovide for his employees a 24-hour answering service. In the event a guard cannot be at his assigned post and the field supervisor is not yet on duty, the guard shall first contact his back -up and lhen contact lhe service. This service will then contact th.e Con.tractor who will; in turn, confirm. that the back-up guard will be on duty at his assigned crossing. l Contractor shall provide uniforms for all guards. Any required replacement of aged, lost or damaged unifonns shall be the responsibility of the Contractor. --& The Contractor will ',e required to provide school crossing guard service at additional locations as directed by the City. -2L- The services, Iflvel of service, and hourly charge for services provided at additional locations must be equal to the service provided within. the original agreement. ---.&.. The City shall pJovide all information regarding the additional number of school crossing guards required as soon as possible. The City will work with the Contractor to develop a transition plan before the date expanded service will be required. 5 THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE INSURANCE CERTIFICATE PROVIDED PENDING APPROVAL OF CONTRACT. PROPOSED BILL RATE BREAKDOWN: 21 GUARDS -BILL RATE WILL BE $ 12.56 PROPOSED BILL RATE BREAKDOWN: 4 GUARDS -BILL RATE WILL BE $14.77 PROPOSED BILL RATE BREAKDOWN: 2 GUARDS -BILL RATE WILL BE $18.20 PROPOSED BILL RATE BREAKDOWN: 2 SUPERVISORS -BILL RATE WILL BE $ 19.16 11/09/2005 09:14 2063738960 ONVIA PAGE 07/34 CITY OF BOYNTON BEACH SCHOOL CROSSING GUARD LOCATIONS & TIME SCHEDULE GUAiRD LOCATION Con ss at Midc Ocean. Pkway &. I Ocean Pkway &. I Lawrence &: Gate Con ess at Midd Miner Road ~ Co 58 A~ Co ess A~ N. Seacrest & NV Lawrence &. Gate Seacrest & Wool! Old Bo to!~ Citrus Blvd ~ NW 4 Street & r - Bo ton Bcjn Bl.v OldBo ton&C SW JO" Av,~&.S SW JO Av,~ Lawrence Rd in fi - H oluxo Rd in fi - H oluxo R~ H oluxo R~ H oluxoRd&.l\ . - H oluxo R~ H oluxo R~ Meadows BJ.vd & ConssA'~ Con ess A '/e in t Con ess A,~ Con essA,~ Con ss A'~ Con ssA'~ 'Ie School 08:15 -09:00 03:45 - 04:30 \finer Road 07:15 -08:00 01:50 - 02:35 ... Seacrest 07 :00 - 07:45 02:00 - 02:45 w~ 07:15 - 08:00 01 :50 - 02:35 Ie School 08: 15 - 09:00 03:45 - 04:30 11001 07:15 - 08:00 01:45 - 02:30 :~R 804 08:15 - 09:00 06:45 - 04:30 3R 804 08:15 - 09:00 03:45 - 04:30 V 12" 'Ave 07:15 - 08:00 01:50 - 02:35 w~ 07:15 -08:00 01:50 - 02:35 ~ 07:00 - 07:45 02:00 - 02:45 l:; Co~ss 08:15 - 09:00 03:45 - 04:30 .001 07:25-08:10 01:45 - 02:30 ..W 4"' Ave 07: J 5 - 08:00 02:00 - 02:45 d & Seacrest 07:00 - 07:45 02:15-03:00 Q!1gress 08:15-09:00 03:45 - 04:30 ,eacrest 07:15-08:00 02:00 - 02:45 W 3'. Street 07:]5 -08:00 01:50-02:35 .ont of school 07:25-08:10 02:00 - 02:45 .ont of school 07:15--08:00 01:45 - 02:30 .ont of school 07:15 -08:00 01:45-02:30 Entrance 07:15-08:00 01 :45 - 02:30 'Ieadows Way 07:15 -08:00 02:00 - 02:45 antaluces Blvd 07:15-08:00 02:00 - 02:45 awrence Rd 07:15-08:00 02:00 - 02:45 Meadows W!!y' 07:15-08:00 02:00 - 02:45 ront of school 07:15 - 08:00 01:45-02:30 ,ront of school 07:15-08:00 01 :45 - 02:30 10 If Rd 07: 15 - 08:00 02:00 - 02:45 lolfRd 07: 1.5 - 08:00 02:00 - 02:45 ;W27'" Ave 07:1.5-08:00 02:00 - 02:45 :W 25" Avc 07:15 08:00 02:00 - 02:45 A.M. P.M. 6 11/09/2005 09:14 2053738950 ONVIA PAGE 28/34 I. 2. Experience in pllrfomlance. Project $ Value Contact Name Phone # S:~~~p9~~k~ 13. Contractsonha.1ld.'" Iq.~b..~.().._ul\G.c;~. ~ ~~.~ 4 A ~ ", --- ~~, UMl' V\\~ Largest monetary COnIIaC! for services (include final cost). (M) I) ~ ~~~ - S"ct\cL ,I, Joa:...1 ttt.+(",Ooo.eo 'to ~ .l.eL So k ~ D' - > I tU..t...11 b.. t:Do:. III "IOdaJ.u 3) a~~ G~~\J~n.>t"' . ~\tI\t.L ekJf)~-"''lO,},.k_1 H; 3)../8 List all lawsuits or art,irrations to which you have been a party and which: '" -NON-\.- 2) J4. 15. 1) arose from contractual obligations: '" N~lILt- 2) occurred within the last 4 years: * No ~ ~ 3) provide <:sse n~mber and style: '" ......1.) ""'" Datedat:~~ ~"''',.,[). . Ibis ~ay of ---.&c.u "'" ~ 20~- ~~~ BY:*:~=~ .-O~ (written Bignahrre) ~ ~ " Name: ~'bJ.~.. 6.. __ (printed or typed) Title: 1~t.4/) . 27 TffiS PACt TO BE SUBMITTED IN ORDER FOR PACKAGE TI) BE CONSIDERED COMPLETE AND ACCEPTABLE .- 11!0g!2005 0g:14 2063738%0 ON\lIA PAGE 2g!34 NONCOLLUSION AFFIDAVIT OF PRIME BIDDER State of _F"I Of { ctc.-- County of PO-lol1each _knr.en ~o"er ,<;he.. Prf",/t. C7\ l)..Hels ~ -"'..!.! (Ti e) ) ) , being first duly sworn, deposes and says that: of~a./::xJr /:5f(j(;n~ Ctmfll'(;'17~YI (Name of COIpor&tion or Finii) the bidder that has SUbmil tcd the attached bid: 2) He is fully inforJl!ed respectiJ1g the preparation and contents of the attached bid and of all pertinent crrcumstarlces respecting such bid.; 3) Said bid is genuine ,md is not a collusive or sham bid; 4) Further, the said bidder nor any of its officers, partners, owners, agents, representatives, employees or partiE'S in interest, including this affiant, has in any way colluded, conspired, connived or agreed" directly or indirectly with any other bidder, fum 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 fmm bidding in connection with such Contract, or has in any manner. directly or indirectly, sought by agrecment or collusion or communications or conference with any other bidder, fum or person to fix the price or pdces in tb.e attached bid or of any other bidder. or to fix an)' overhead, profit or cost element of the bid price or the bid price of any other bidder, cr to I,ecure through any collusion, conspiracy, connivance or unlawful agreement any advanta,ge against the (Local Public Agency) or any person interested in the proposed Contract; and 5) The price or price!, quot,~ in the attached bid are fair and proper and are 9ot,lainted by any collusiolJ, conspiracy, connivance or tu1lawful agreement on the p~ 0 e bidder or any of its agents, represe:~tativ~s, owners, employees, or parties in . ' . u mg 's affiant. - / ..<lIlll,W;,v, Carol J. Doppler 11l'"~~ Commission #DD207882 ' ~\'. "1l~i'J Expires: May 01, 2007 (SjgJICd) / ". '" r " Bonded Thm - , \H\'~ \ Atlantic Bonding Co., log, (Title) Subscribed and ~ to c me ~_ This ;2:{1 }.for M1K-m /;;.;>er . 20~ My comm.ission expires 0:110 I icy]' C? Ii} I '0 7 ~u,..;> 28 THIS PAGE TO BE SUBMITrED ALONG WITH PROPOSAL IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE ( 11/09/2005 ~9:14 2053738950 ON'JIA ANTI-KICKBACK AFFIDAVIT STATE OF FLORIDA ) 55 COUNTY OF PAJ.M E:EACfI ) PAGE 30/34 1, the undersigned hereby duly sworn, depose IlIld say that no portion of the sum herein bid will be paid to any emploY(:e5 of the City of Boynton Beach as a commission, kickba~, reward of gjft, directly or indirectJ y by me or any member of my firm Or by an officer of rrporation. ;( .. BY:/ / '~- n / -SJ~ATURE L-- Sworn and subscribed before me this , '9d. day of LOD tJ&) )./;0- ,20 o~ ~zL PU8LIC, Stule of Florida 11'1111'1//, :>.\\\\'\..A DU "'III/. ,~,0<(;. ...... "1-910''-' ~ ~- ,'~\ltISSlON4'. ~~ $' "'t'"<:.,'J 04, 2 ~,o~'. ~ ~ '_~ ~r.::,. Oo~J>. ~ ,;:: .....~ ~.- :: ;' ~ :: =*' -.... .*= =. -- '':: % :.. #00238152.<1>.': ff ~ -fo'~ ~'jJ$' ~,/~..~~.,~~~ /.1//1 PualX STJ(\'t. ~\\", 1IIIIJH'IIl\l\\\\ "OFFICIAL NOTARY SEAL" STAMP -4'L a~!r~U) TITL / 1 I' I I COMPANY 29 THIS PAGE TO BE SUBMITIED ALONG WITH PROPOSAL IN ORDER FOR P AClliAGE TO BE CONSIDERED COMPLETE AND ACCEPT ABLE A ~lUui;U 11/03/2005 03:14 2053738%0 ONVIA PAGE 31/34 CONFIRMATION OF MINORITY OWNED BUSINESS A requested fann to be made a part of our files for future use and infonnation. Please fill out and indicate in the appropriiate spaces provided which category best describes your company. Return this fonn with your bid proposal sheet making it an official part of your bid response. Is your company a Minority Owned Business? ~es No If Y es, pIea~e indicate by an "X" in the appropriate box: ( ) AMERICAN INDIAN ( ) ASIAN ( ) BLACK ( ) mSPANIC ~ WOMEN ( ) OTHER (specify) ( ) NOT AFPliCABLE Do you possess a Certification qualifying your business as a Minority Owned Business? YES_ NO~ If YES. Nam.e the Organization from which this certification was obtained and date: Issuing Organization for CertLfication Date of Certification 30 TillS P AG E TO BE SUBMITTED ALONG WITH PROPOSAL MOB - 1 Revised 02/22/05 11/09/2005 09:14 2053738950 ONVIA PAGE 32/34 CONFIRMATION OF DRUG-FREE WORKPLACE Preference shall be given to businesses with drug-free workplace progr!lIJlS. 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 pol itical subdivision for the procurement of commodities or contractual services, a bid receiv~d fro m 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 ha1le a diug-free workplace program, a business shall: 1) Publish a statement no tifying employees that the unlawful manufacture, distribution, dispensing, possess;ion, or use of a controlled substance is prohibited in the workplace and specifying the actions thai. will be taken against employees for violations of such prohibition. 2) Inform employees about Ihe 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 pro~:rarns, and the penalties that may be imposed upon employees for drug abuse violations. 3) Give each employel: engaged in providing the commodities or contractual services that are Ill1der bid a copy of the statement specified in subsection (I). 4) In the statement specified in subsection (I), 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 (If the statement and will notify thc employer of any conviction of, or plea of guilty or nolo cOlltendn to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occuning in the workplace no later than five (5) days after such C<l nviction. 5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation prognun if stich 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 dlis seetion. As the person authori:r,ed tn sign the statement, I certify thnt this firm com,plies fully with the above requiremenls. .~ -~~..u:~ J~EIt., ~ I "1' I Vendor's SIgnature 31 THIS PAGE TO BE SUBMITI'ED ALONG WITH PROPOSAL IN ORDER FOR PACIKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 11/09/2005 e9:14 ~ u.. 0 ~ ~ ~ ~ U >< ~ Z < u.. ll. 0 ~ ~ i ~ ~ U ~ I>l CI} " ~ "" ~ C1l ~ ~ 13 t; f<l ~ CI} CI} ~ CI} U ~ @ ~ ~ (I) >< i:il ~ 0 [3 ~ 0 " ~ (I)' B ::J 0.:: ~ @ G: t::l t; Eo< ~ ~ g U ~ l ~~ S ~~ ~ ~t; ~~ ~ u CI} "Z ffi~ ~8 ~o ~~ l:rJ~ ~,G; 2063738950 ONVIA PAGE 33/34 ~,.J 0;:; ti!0 ~ ~~ ~8 g~ ~ ...,g " u ...;:: ~ ,., ILl ..~ 0.. '" " >< 1l.2 ~ 1-< ~ .. ~... . '" ...~ ;0 !( '"' .,. II ill ~ - $. i~~ " ~ ~ 1J;.l:rJ OO~ ~ :tiE-- ~ :>.. ~ >< ~ z ;-. ~ 0 :;< ~ n (j ~ ~ s: 0 ~ fI.l (:!. zo.:: :.:.r .00 j ~t; ~~ III ::- rii 2u p. >- <@ ,... >- :%l(l) ~ :is <C :z: z ~ . '-..-, c.:~ i:ll= !< ~~ u ~~ 5~ g:!:J ~~ (.')8 z: NOi:j n~lll ~I ~8 ~i:ll rJllll ~~ Oilil b(.') i:ll< (.')"' <u =-;; ~~ PROPOSAL FOR SCHOOL CROSSING GUARD SERVICES BID ITB-009-21l0-06/JA-0-2005/ja BID OPENING DATE: TUESDAY, NOVEMBER 22, 2005-2:30 PM SUBMITTED BY: STAFFING CONNECTION/ACTION LABOR 1280 SOUTH POWERLINE ROAD #22 POMPANO BEACH, FL. 33069 PHONE: 954-979-8644 CONTACT: CAROLE S. GREENICH MANAGER DATE: 11/22/05 TABLE OF CONTENTS PART 1 A. COMPANY INFORMATION B. OFFICE LOCATION C. EXPERIENCE AND EXPERTISE D. ADVANTAGES TO USING STAFFING CONNECTION E. TRAINING F. DRESS CODE G. MEETING REQUIREMENTS H. BONUS PROGRAMS PART 11 A. BACKGROUND CHECKS/DRUG FREE WORKPLACE B. O.S.H.A. REQUIREMENTS C. INSURANCE D. LICENSE E. EQUAL OPPORTUNITY EMPLOYER F. REFERENCES PART 1 STAFFING CONNECTION/ACTION LABOR MANAGEMENT, LLC has over 19 years experience providing premier staffing services to a broad range of industries. The company was founded by Karen Hoover in 1986 when she opened her first location in Gainesville, Fl. Since that time, offices have been opened throughout the southeast and in the Caribbean. The two service lines of the company are ACTION LABOR AND STAFFING CONNECTION. ACTION LABOR primarily provides day laborers for the construction trades, but also places a number of unskilled, semi-skilled and skilled employees in longer term positions in a variety of industries and settings. ACTION LABOR'S focus is to provide 1 to 100 or more workers for skill-specific assignments, as well as supervised teams for assembly, packaging, hospitality and other industries, where a vendor managed workforce proves cost-effective. The company's consistent pursuit to improve deliverables to clients has been a cornerstone ofthe success we've experienced in STAFFING CONNECTION'S School Crossing Guard (SCG) unit. Led by Carole Greenich, who has over a decade of experience and is a respected guardian over the safety of our children, SCG has become an active partner of many county and sheriff safety initiatives. She and others on her staff routinely visit with school principals and staffto review concerns or issues and speak directly with parents, teachers and children regarding safety procedures. Carole believes that this level of involvement is not a "Value- add", rather a responsible role ofSCG as part of the partnership created. On the following pages you'll find a list of initiatives and action steps to assure a successful transition to a professionally managed program for School crossing guards for BROW ARD, PALM BEACH, DADE AND LEE COUNTIES. We look forward to working with you and in return, begin to implement our recruitment, orientation and supervision procedures, whose single goal is the safety of our children. On-going... Promote a referral bonus program for SCG employees to help recruit new individuals for open positions. All employees, upon reaching certain minimum hour requirements, will be awarded a vacation pay bonus by SCG. A safety bonus is paid to ALL employees monthly, if STAFFING CONNECTION has an injury free month. All employees with perfect attendance for six months straight, becomes eligible for a drawing of 3 monetary prizes. Each month an individual is chosen to become EMPLOYEE OF THE MONTH receiving a certificate and a bonus. Training/operations.. . SCG will facilitate on going training. Sessions to be held weekly until all guards are trained, then as required for all new personnel hired. Carole Greenich, Joanne Duty, Nancy Jiminez and Vicki Miller are certified crossing guard trainers on Staff. In addition, there are 25 supervisors who are certified by the State Of Florida, to train in their respective cities. SCG will admiIIister all necessary crossing guard regulatory forms and other paperwork as required by the State of Florida. After January 1,2005, institute annual retraining course. Assure that all supervisors are State Certified by the Florida Department of Transportation. Each school crossing guard, will be issued a STAFFING CONNECTION/SCG photo ID name tag to be worn while on their respective post assignment. An SCG Supervisor will be responsible for verifYing all posts are covered each day and that all guards are on their posts for the required time period. An SCG Liaison manager will travel with the supervisor on a established periodic basis to each post to assure that policies and procedures are being followed. An SCG LiaisoII manager will meet with all crossing guard supervisors weekly to verifY accurate reporting of time and address any issues that have arisen. All SCG employees will be offered a vacation pay plan and have opportunities to compete for bonus programs. All SCG employees will be covered by STAFFING CONNECTION'S liability and worker's compensation insurances. ASAP implementation... Upon approval of contract, STAFFING CONNECTION will: Obtain all names, addresses and phone numbers of full time and substitute school crossing guards. Create a welcoming letter and introduction package and mail to all names provided. Begin background and reference checks on all newly registered and hired guards as well as drug testing. Ensure that all crossing guards have been trained to the "Florida School Crossing Guard Training Guidelines". Send letter of introduction to each school's principal so a reference can be on hand for any teacher, parent or Resource Officer who wish to contact us. Prepare recruiting ads and flyers and make available at each school for those who might be interested in a school crossing guard position. Begin extensive recruiting campaign, including presentations at condo and homeowner's associations, local print advertising and use of other medium to assure a complete workforce is in place prior to the new school year. On your part... A primary contact person will need to be identified who can help with situations which require immediate attention. Use of existing equipment with inventory done by the CITY OF BOYNTON BEACH. Replacement of new equipment will be at the expense of STAFFING CONNECTION. INFORMATION ON STAFFING CONNECTION: STAFFING CONNECTION 1280 SOUTH POWERLINE ROAD #25 AND 26 POMPANO BEACH, FL. 33069 PHONE # 954-979-8644 FAX # 954-979-7856 TOLL FREE NUMBER: 1-866-353-7008 CAROLE S. GREENICH MANAGER SCHOOL CROSSING GUARD DIVISION JOANNE DUTY CROSSING GUARD LIAISON NANCY JIMENEZ RECRUITMENT SPECIALIST VICTORIA MILLER LIAISON FOR PALM BEACH COUNTY CORPORATE OFFICE: ACTION LABOR 900 OSCEOLA DRIVE # 222 WEST PALM BEACH, FL. 33409 PHONE # 561-683-1211 FAX # 561-683-3375 PRESIDENT AND CEO OF ACTION LABOR/STAFFING CONNECTION IS KAREN HOOVER. CFO OF ACTION LABOR/STAFFING CONNECTION IS JOHN PETERS STAFFING CONNECTION DOES SCHOOL CROSSING GUARDS ALL OVER THE STATE OF FLORIDA. AUTHORIZED INDIVIDUALS-STAFFING CONNECTION OFFICE: CAROLE S. GREENICH MANAGER JOANNE DUTY . CROSSING GUARD LIAISON NANCY JIMENEZ ADMINISTRA TIVE RECRUITMENT SPECIALIST VICKI MILLER STAFFING CONNECTION TRAINER PALM BEACH COUNTY KAREN HOOVER CEO AND PRESIDENT STAFFING CONNECTION/ACTION LABOR EXPLANATION AS TO WHY STAFFING CONNECTION/ACTION LABOR IS QUALIFIED TO PERFORM CROSSING GUARD SERVICES FOR THE CITY OF BOYNTON BEACH. STAFFING CONNECTION/ACTION LABOR is extremely qualified to do CROSSING GUARD SERVICES as they have the highly qualified team of CAROLE S. GREENICH, JOANNE DUTY, NANCY JIMENEZ, AND VICKI MILLER, who currently handle (19) city contracts throughout Broward, Dade, Palm Beach and Lee Counties. All individuals are STATE CERTIFIED SCHOOL CROSSING GUARD TRAINERS since 1992 and are considered by many, to be the best knowledgeable outside contractors Of SCHOOL CROSSING GUARD SERVICES in the Tri County Area. Their DEDICATION and COMMITMENT when dealing with human lives on a daily basis, is superior to none. STAFFING CONNECTION/ACTION LABOR has opened a separate division to handle SCHOOL CROSSING GUARD CONTRACTS. The very unique recruitment skills of the staff, has made it possible to staff each and every post with a CROSSING GUARD, avoiding open comers, where in a moments notice, a tragedy could occur. Accessibility to all staff Members is extremely important, not only to the CROSSING GUARDS, but to the cities as well. All calls are answered quickly and whatever action needed to be taken, was done so swiftly. As a matter of record, STAFFING CONNECTION/ACTION LABOR provide CROSSING GUARD SERVICES TO THE CITIES OF TAMARAC, POMPANO, LAUDERDALE LAKES, LAUDERlITLL, COCONUT CREEK, OAKLAND PARK, NORTH LAUDERDALE, SUNRISE, LEE COUNTY SHERIFF'S DEPARTMENT, PALM BEACH GARDENS, HOMESTEAD, DANIA BEACH, BOYNTON BEACH, HALLANDALE BEACH, WILTON MANORS, TOWN OF JUPITER, CITY OF FT. MYERS, TOWN OF PEMBROKE PARK AND CITY OF GREENACRES PAGE 2 As of JANUARY 2005, this division is in negotiations with 11 additional cities throughout Florida, for Crossing Guard Services. STAFFING CONNECTION/ACTION LABOR was founded in 1986 by Ms. Karen Hoover in Gainesville, Florida, to provide reliable temporary labor for diverse industries. The company has steadily grown to over twenty offices, located throughout the Southeastern United States and Puerto Rico. Thousands of employees are successfully placed with our satisfied customers each month, making STAFFING CONNECTION/ACTION LABOR a major force in the temporary staffing industry. We are first in the field in Safety Training, providing Safety Incentive Bonuses and exceptional Temporary Employee Benefits. STAFFING CONNECTION/ACTION LABOR has received many honors and awards, and has been featured in regional publications such as the SOUTH FLORIDA BUSINESS JOURNAL, FLORIDA TREND MAGAZINE AND WORKING WOMAN'S MAGAZINE. We actively participate in community organizations and charities, helping to promote fair and honest employment practices. STAFFING CONNECTION/ACTION LABOR is a proud member of the National Safety Council and the South Florida Construction Safety and Health Partnership (C.A.R.E.P.) We take full responsibility and a leadership role in providing a sound Safety and Health Program, and for ensuring its effectiveness in maintaining safe working conditions. STAFFING CONNECTION/ACTION LABOR believes in the honor and dignity of a job well done, and we foster pride and purpose in our trusted employees, to the benefit of our valued customers. ADVANTAGES TO USING STAFFING CONNECTION: 1) UNIQUE RECRUITMENT SKILLS MAKING STAFFING EACH POST A REALITY. 2) MANDATORY TRAINING DONE ACCORDING TO "FL. SCHOOL CROSSING GUARD GUIDELINES" BY OUR CERTIFIED STAFF. POST OBSERVATIONS DONE AS WELL AS ALL PAPER WORK COMPLETED AND SENT TO THE STATE. WEEKLY TRAINING CLASS'S HELD FOR NEW RECRUITS. 3) DAILY MAINTENANCE OF ALL GUARDS 4) 24 HOUR ANSWERING SERVICE WITH A TOLL FREE NUMBER. 5) BACKGROUND AND DRUG TESTING ON NEW HIRES. 6) PAYROLL AND END OF YEAR DISTRIBUTION OF TAX STATEMENTS 7) ALL GUARDS COVERED BY STAFFING CONNECTION LIABILITY AND WORKMEN'S COMPENSATION. 8) STATE CERTIFIED SUPERVISORS 9) WEEKLY PAYROLL WITH BENEFITS FOR SCHOOL CROSSING GUARDS. TRAINING ALL TRAINING WILL BE DONE BY STAFFING CONNECTION/ACTION LABOR. STAFFING CONNECTION/ACTION LABOR DOES NOT USE SUB- CONTRACTORS FOR TRAINING OR ANYTHING ELSE. I :~~;t ..""~,~.,.,.}~ ~~c_ :f '--~ ;,;':'-;~,,~)} ,m;} ,-~.~~~.~,!,!,,:/;;;j.AV',: '~.l'" .ol.~,.!;\..,~~ '-~"';'." J&"""',;,> ~~.;,.':~\ ~ ,c'l'-, i_', ~'/!'.t'"'" ".~'f "';l~',",,'" i".t';\~Cj 'J9\' :il~_::f-f_: '!'~,. ..,.'''''~, (f;;",.~" ;4~,:,.,:,;:;: \!f'tft -: _.-~;j ,,;,tr-): ; t}~;:j~;~ "i~' ,.,,:,,', ') . ~l "" - j_'C, ":,',." ;.' :1 " ,. i '';;';:',7 ,~~ /1t: }~ ':; s>,~.'~~':>~ ;ie~> ,;{~>. .t.. " . 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'{~;1::~~@ 'j +-t' +-t )~,~j::e ~ Jg. ~ d~:'<f'@~. t:Ilt a :;;~~;;;.~, ~ +-t //~:- . , Q ,. .... !d~F~~~,~t ~ Jf:;~;~i fr 1~%,:;5<.~.<:i:~.~. F-iQ ~.;;"~i f~~'~+~! :'.. ..~;:h .:.! ~Ij . . ....._ .~ ___._... .___ u _ , ':i;J"w 'ti'J'W It'J'~i!g":;~"'t;J'Q;t;9"~;"tWN;"~:;:"~, :' ::: ~ . .... +-t ~ ~ ~ :+. ttt ::: ~ ~, , '~.'i',.. ,., , ... --4'_-~ .~ ..~ ......;.'... 'i\:~"1 a.~ '('",,,,. . '<' __,,";'.ii'<< "fo-' 'j =E (]) U o o ..c o (,/) 1"'\ I -- .......\~~ -"'> ~ . ~, D" ,.' ."), / <. ,,," ~,t . OJ <t. ~, 4" ,~ '';- <, :::..~ '\ / . l'(; ;'(- ~, <. ---.. -', ~ .! , ,~ ,} '':.'', ~ ",- t,t "'..- :DXv .. . . ~.~ <.: .. -.. v.} .. "';/.i.c.,' .. !:.{"<( '~'i':'? .'.... : rrt ..... "l< vpV jt .40-":'" ~t~, 'v] . ',. . ~+~ <;:. . ...-,... :;';":'.. DRESS CODE All School Crossing Guards must abide by the DRESS CODE Set by STAFFING CONNECTION. THERE ARE NO EXCEPTIONS TO THIS RULE! Proper dress for all guards consists of the following: I) Black or dark navy blue pants, skirts or shorts; (short shorts are not permitted) 2) A plain white shirt or blouse with NO writing on the front side; 3) Sneakers or tie shoes. BLUE JEANS OF ANY KIND OR SANDALS ARE NOT PERMITTED! You must always have your VEST, GLOVES OR STOP SIGN, PHOTO In BADGE AND WHISTLE on at all times. If you come to work without these, you will be sent home. When you wear a raincoat, please make sure your VEST is worn over top of the coat. MEETING REQUIREMENTS: EQUIPMENT: STAFFING CONNECTION/ACTION LABOR CURRENTLY USES ALREADY PROVIDED EQUIPMENT (AFTER INVENTORY BY THE CITY) CONSISTING OF STOP SIGN, WHISTLE AND REGULATION VEST. IF THE CITY DESIRES ADDITIONAL EQUIPMENT OR ADD ON EQUIPMENT, STAFFING CONNECTION/ ACTION WILL PROVIDE WHAT IS NECESSARY. SUPERVISORS: A SUPERVISOR WILL BE PICKED FROM THE CURRENT GROUP OF CROSSING GUARDS, AFTER CONSULTATION WITH THE HUMAN RESOURCE DEPARTMENT. THE SUPERVISOR WILL BE IN CHARGE OF GETTING THE TIME SLIPS SIGNED ON A DAILY BASIS, CHECKING ALL THE POSTS AND FILLING IN AT A MOMENTS NOTICE, IF NECESSARY. THE SUPERVISOR WILL REPORT TO VICKI MILLER EVERY FRIDAY MORNING TO FINALIZE THE WEEKS ACTIVITIES. THE SUPERVISOR WILL BE PAID FOR ADDITIONAL HOURS A DAY AND THE GUARDS WILL BE PAID FOR ACTUAL HOURS WORKED PER DAY. IN ALL CITIES WE CURRENTL Y STAFF, THE SUPERVISORS ARE PAID FOR ADDITIONAL HOURS AND BILLED TO THE CITY ACCORDINGLY. THE SUPERVISORS ARE A VERY VALUABLE ASSET TO THE CITY AND TO STAFFING CONNECTION/ACTION LABOR AND ARE WORTH HISIHER WEIGHT IN GOLD. WE CURRENTL Y HAVE 25 SEASONED AND EXCELLENT SUPERVISORS IN OUR CURRENT CONTRACTED CITIES. ALL SUPERVISORS ARE STATE TRAINED AND CERTIFIED. PAGE 2 SUBSTITUTIONS: STAFFING CONNECTION/ACTION LABOR WILL HAVE SUBSTITUTE GUARDS IN ADDITION TO THE SUPERVISOR, AT ALL TIl\1ES, TO FILL IN SHOULD IT BECOl\1E NECESSARY. PAYROLL: ALL CHECKS WILL BE PROCESSED WEEKLY AND AVAILABLE FOR MAIL EVERY FRIDAY. INVOICES: ALL INVOICES WILL BE MAILED ON A WEEKLY BASIS TO THE HUMAN RESOURCE DEPARTMENT WITH A COpy OF THE TIl\1E SHEETS ATTACHED. BADGES: STAFFING CONNECTION/ACTION LABOR CROSSING GUARDS WILL HAVE PHOTO ID BADGES TO WEAR, THAT WILL IDENTFY WHO THEY ARE TO THE CffiLDREN, PARENTS AND TEACHERS, WHILE ON THEIR RESPECTIVE POSTS. INSURANCE: ALL GUARDS WILL BE COVERED BY STAFFING CONNECTION/ACTION LABOR LIABILITY AND WORKMAN'S COMPENSATION INSURANCE. PAGE 3 TRAINING: ALL TRAINING WILL BE DONE BY STAFFING CONNECTION/ ACTION LABOR STATE CERTIFIED STAFF. ALL PAPER WORK REQUIRED BY THE STATE OF FLORIDA, WILL BE COMPLETED BY STAFFING CONNECTION/ACTION. GUARDS WILL BE TRAINED ON "SCHOOL CLOSED DAYS" AND PAID AT THEIR REGULAR RATE AND BILLED TO THE CITIES AS REGULAR SCHOOL WORKING DAY. CONTACT PERSON: AS IN ALL CONTRACTED CITIES, A CONTRACT PERSON NEEDS TO BE IDENTIFIED AS A HELP DESK TYPE PERSON TO CALL, IF SITUATIONS ARISE FOR INFORMATION PURPOSES. GUARD BONUS PROGRAM 1. $25.00 REFERRAL BONUS PAID TO GUARDS REFERRING INDIVIDUALS TO WORK IN THE CITY OF BOYNTON BEACH. 2. $5.00 SAFETY A WARD PAID TO ALL GUARDS MONTHL Y, IF NO ACCIDENTS OCCUR WITHIN ALL THE CONTRACTED CITIES. 3. ELIGIBLE FOR YEARLY DRAWING FOR PERFECT ATTENDANCE. ($50.00 A WARD) 4. $25.00 AWARD PAID TO EMPLOYEE OF THE MONTH. 5. ELIGIBLE FOR VACATION PAY AFTER WORKING REQUIRED HOURS. PART 11 BACKGROUND CHECKS All STAFFING CONNECTION/ACTION LABOR School Crossing Guards are background checked prior to filling out an application. . DRUG-FREE WORKPLACE STAFFING CONNECTION/ACTION LABOR is a designated DRUG-FREE WORKPLACE. All applicants are tested for illegal substances prior to filling out an application. O.S.H.A. REQUIREMENTS STAFFING CONNECTION/ACTION LABOR IS A CERTIFIED O.S.H.A. TRAINING COMPANY WITH AN EXCELLENT SAFETY RECORD. INSURANCE: STAFFING CONNECTION/ACTION LABOR will provide Liability and Worker's Compensation, as we currently do in all contracted cities. (Sample copy included) Upon awarding of the bid, the necessary Insurance Certificates will be supplied to the CITY OF PALM BEACH GARDENS. All certificates will reflect the necessary coverage as stated in the bid document. ===- At;qRD. CERTIFICA TE OF LIABILITY INSURANCE OP 10 I?mJ DA.Ti (MlNDDm"I'Y! ACTI005 05/10/05 .. PI;:OOUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERllACATE SellerSKuYkendall, LLC (Ire) HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 1560 orange AvenueJ Suite 750 ALTER THE COVERAGE AFFORDED BY THE POUCIES BELOW. Winter Park FL 32799-5552 Pbone:407-994-5431 Fax :407-6.29-6379 INSURERS AFFORDING COVERAGE NAlC# IN~U~CD - .. . ."--.. JN~'Jr!E=RA' L,x;in'il't..n %lu\lt"..rw. C:D~",c\y INUER B. A. I. G. -"'- Act.i.on Labor Ma.1:),119~eD.t, LLc i INSUReR c: 900 Osceola DrivefLsuite 222 L'N'UIlDlO. Rest palm Beach, 33409 !INSUR[;R E: COVERAGES n IC POLICIe or ING~C~LIe:TED BaOWHAVE B2N ICSUED TO 7HE INSURfD No\Ie AfIo....g FOR TI'1!:: POLICY I"l:H:rOL) 'N'",lr;..o.rl:L). "'orwn~'r,llNl)rNG /IN'( REQUIREMENT, TSlM 0" CO/IIOmON OF.ANY CON'TnACT OIl OT'l-lER OOCLWolENTWI'flo(~=SPECTTOWHJr.H I'"6H ':Hl!rl~":A11- w..y H~ 1~~'h'l.J(-(J t)f.l MIl,Y p~r~IA"", lHl: It.z.:'oUItoNC.:t: Al-!-OH'IH-:-rl MV IHt; "'Cll.lr;Jl::~ 11!::$(JolU:Il:l) H'::Iit'IN 11'; }:IIK,'H:, I Cl AJ I IHI- lI-Io/M:.., ~.xcI.USION'3 /IND CDrOITICNS or. GUt:! r POLICies A(;GRl!'GATE I..IMlTS GHO'WN Mo.Y HA.VE B:EN REDUCED BY PAlO CLAIMS. POLTC'Y EXPfltG.noN - - ...-.. - , ... LTR I".., ";'VFo~ O~ INSlJItA.NeE POI-ICY NUMes: l'tiln;iMwoti',Wr DAn: (hfMlUDtrYt UhlITs I;JENER"l.l.l.AB1I.1TY ~crl occ~ct: $1,000,000 A rx .2997571 01/01/05 01/01/06 DAtAAQE'TO~~ _.. $'50';000 COMM!:Hr:IAI fi'"M-I-!A! 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El my AACJ~RlrrOi-lIPAA1'NrR1DcrcUTIVt. 934382 01/01/05 01/01/06 !:..t. !:ACH ACCID:;NT , 1000000 .... '. .--.- orm:f~lMrM'lrR fXC1.UOEO' .~:~~~~AS.!:.:!:.A, I::.Mi'LO~ , 1000000 ~::lt~~llvr~~~ below E.L. DfS!:ASE - POLICY UMrr , 1000000 01><... t>I:.SCtw"TION OF r>PEAATIONS I LOC.4.nuNS I VEHICLES I EXCLUSIONS ADDED BV ENOORSEMEI-lT I $PEClAL Fn:OVI$IOt~ T=r>orary staffing E"irm E"ax: 561-693-3262 CERTIFICATE HOLDER CANCELLATION f E:HOUl.C IlJ./Y OF THE" ABOVE OeeCAlsEO ~OUCJS:s as CANCELLED BEFORE" 'J"rre= E):"PII'iA,Tlr>t.! DAle THEREr>F. THE '"UIN~~ lNeu~~ Wtl..L EtiPE:A....OR TO MAIl. 30 PAYS WRrTTEN REPREIO~:NTATlveB. NonCE TO li-tE CERTTFlcATiE 1101.PE:R NAMeo TO 'T'HE LE;FT, EiUTFAIL.URe TO PO so ~~Al.l, IMPOSE NO OBl.IC..}.T10N OR U.l\5ILrrr OF At-N KIND UPON TrlE IN~URfFt lTS AGEtm OR ACORD 25 (2001/0~) c @ ACORD CORPORATION 1988 I I I I I I I I I I i I I I I I I !2: o al <r -' o Z r~ ....m z--: :::1- o t;J- () r-J o..;,w <<..:: Z a:o UJH z- ;=G O:::r.: ;- --, - ~ ~ 5 Wu ::!i <C " z~ ~ri W'I zt: iii<r :::1;- al ~, .". Z;n - 00. ii2 0" onl ..J~ ~ ~. <:: -0 f',; %f,.;.. O. -2 t(W CJ'~ ii:> _n (IlJ (Il,_ <[...... ..JE OW ~ Z __ Hmz l!.. <r u..o..~ <CW:E: tE.~t: ..,~~~I.l.~:t'~;;: '{+;::',':'::':, .~!?::~:{i.;:~~r:~:. :~:::';;:~~:;~:::;.::::; i+L::;:..::-_"; EC;:';;: :{.D:":':~';",:; I.j:-:~t-~:::-:'7 EQUAL EMPLOYMENT OPPORTUNITY: STAFFING CONNECTION/ACTION LABOR is an Equal Opportunity Employer and does not and will not discriminate against any person, employee, or applicant for employment, because of race, creed, color, religion, sex, national origin, ancestry, age or disability. REFERENCES FOR STAFFING CONNECTION -SCHOOL CROSSING GUARD DIVISION CITY OF BOYNTON BEACH 100 EAST BOYNTON BEACH BLVD. BOYNTON BEACH, FL. 33435 561-742-6163 SGT. STEWARD STEELE CITY OF COCONUT CREEK 4800 WEST COPANS ROAD COCONUT CREEK, FL. 33063 954-973-6730 SGT. TIM BRADSHAW CITY OF DANIA BEACH 100 WEST DANIA BEACH BLVD. DANIA BEACH, FL. 33004 954-924-3630 MARY MCDONALD, HR DIRECTOR CITY OF FT. MYERS 2210 PECK STREET FT. MYERS, FL. 33901 1-239-850-6742 MAJOR JOHNSON CITY OF HALLANDALE BEACH 400 S. FEDERAL HIGHWAY HALLANDALE BEACH, FL. 33009 954-457-1418 CAPTAIN JANINE CHIDSEY CITY OF HOMESTEAD 790 N. HOMESTEAD BLVD. HOMESTEAD, FL. 33030 1-305-247-1801 LYNN HOCKMUTH, HR. DIRECTOR TOWN OF JUPITER 210 MILITARY TRAIL JUPITER, FL. 33458 561-741-2205 LT. MICHAEL GOAD CITY OF LAUDERDALE LAKES 4300 N.W. 36TH STREET LAUDERDALE LAKES, FL. 33319 954-535-2711 CONNIE S. HULL, HR. DIRECTOR CITY OF LAUDERHILL 2000 CITY HALL DRIVE LAUDERHILL, FL. 33313 954-730-3010 SGT. JOHN RHAMES LEE COUNTY SHERIFF'S OFFICE 14750 SIX MILE CYPRESS PARKWAY FT. MYERS, FL. 33912 1-239-477-1163 LT. LINDA KING CITY OF NORTH LAUDERDALE 701 S. W. 71ST AVENUE NORTH LAUDERDALE, FL. 33068 954-722-0900 SGT. WATKINS CITY OF OAKLAND PARK PARKS AND RECREATION DEPARTMENT 3900 N.E. 3RD AVENUE OAKLAND PARK, FLORIDA 33334 954-561-6264 BRIAN PAGLlAO PARKS/RECREATION CITY OF PALM BEACH GARDENS 10500 NORTH MILITARY TRAIL PALM BEACH GARDENS, FL. 33410 561-799-4535 L T. JAY SPENCER CITY OF PEMBROKE PARK 700 EAST DANIA BLVD. DANIA BEACH, FL. 33004 954-920-2921 TOM WILDE, ASST. TOWN MANAGER CITY OF POMPANO BEACH 1810 N.E. 6TH STREET POMPANO BEACH, FL. 33060 954-786-4185 CAROL FOLAND PARKS/RECREATION PAGE 2 CITY OF SUNRISE 10770 W. OAKLAND PARK BLVD. SUNRISE, FL. 33357 954-572-2274 MARSHA PETERSON, PURCHASING CITY OF TAMARAC 7525 NW. 88TH AVENUE TAMARAC, FL. 33321 954-724-2450 DAVID OSTEEN, CODE ENFORCEMENT CITY OF WILTON MANORS 524 N.E. 21ST COURT WILTON MANORS, FL. 33305 954-390-2192 SGT. EDWARD COSTELLO NEW CITY AS OF 8/10/05 ****** CITY OF GREENACRES 2995 JOG ROAD GREENACRES, FLORIDA 33467 561-642-2110 CAPTAIN CHARLES R. ORLANDO PAGE 3 REFERENCES FOR THE CORPORATE OFFICE OF ACTION LABOR AND STAFFING CONNECTION. ACTION LABOR OF FLORIDA, LLC A.K.A. STAFFING CONNECTION 900 OSCEOLA DRIVE, SUITE 222 WEST PALM BEACH, FL. 33409 PHONE 651-683-1211 FAX 561-683-3375 REFERENCES: CITY OF TALLAHASSEE 100 WEST VIRGINIA STREET TALLAHASSEE, FLORIDA 32301 850-891-6882 CURTIS WATKINS CITY OF MARY ESTER 195 CHRlSTOBAL ROAD MARY ESTER, FLORIDA 32569 850-243-3566 LEE IFERS CITY OF PENSACOLA 180 GOVERNMENTAL CENTER PENSACOLA, FLORIDA 32501 850-595-1466 STEVE WINECKI CITY OF RIVIERA BEACH P.O. DRAWER 10682 RIVIERA BEACH, FL. 33404 561-845-4057 DONNA HOLDER CITY OF FT. PIERCE P.O. BOX 1480 FT. PIERCE, FL. 34950 561-460-2200 JUDITH NOONE t CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORlVl VI.-CONSENT AGENDA ITEM 8.2 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 0 December 6, 2005 November 14,2005 (Noon.) r8J February 7, 2006 January 17,2006 (Noon) 0 December 20, 2005 Dccember 5, 2005 (Noon) 0 February 21, 2006 February 6, 2006 (Noon) 0 0 -, January 3, 2006 December 19,2005 (Noon) March 7, 2006 February 21,2006 (Noon), 0 January 17,2006 January 3, 2006 (Noon) 0 March 21,2006 March 6. 2006 (Noon) : - 0 Administrative 0 Development Plans NATURE OF r8J Consent Agenda 0 New Business AGENDA ITEM 0 Public Hearing 0 Legal 1 ~, ~) 0 Bids 0 Unfinished Business 0 Announcement 0 Presentation 0 City Manager's Report RECOMMENDATION: Motion to approve the piggy-back of City of West Palm Beach Quote #04/05-Q091 for Fire Hydrant Testing and Audit of Fire Hydrants with Metro Hydrant & Valve Service, Inc. for an estimated dollar amount of$48,750.00. EXPLANATION: Palm Beach County Health Department Article 15, Chapter B, Section 13 of the Unified Land Development Code requires The City of Boynton Beach Utilities to flow test every fire hydrant within their system every three (3) years, this includes "private" fire hydrants within out system. The same code requires a maintenance or audit record annually. Our last flow testing was completed in April 2004. As part of the Fire Department's ISO rating, the fire department is requesting that the Utilities Department perform this function annually. This testing and audit is performed on all fire hydrants within our utilities service area and "private" fire hydrants within our area. The estimated expenditure to accomplish this effort is $45,000.00 or approximately 3,000 hydrants at $15.00 each. The Fire Department is also requesting that fire hydrants that are utilized by the Fire Department that are not a part of the Utilities Department jurisdiction be tested and audited also, these units belong to other government entities and are coordinated by the Fire Department and the other government entity. The estimated expenditure to accomplish this effort is $3,750.00 or approximately 250 hydrants at $15.00 each. S.IBULLETlNIFORMSIAGENOA ITEM REQUEST FORM.DOC C{ CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Once the flow testing and audit are performed, the report will indicate fire hydrants that need further maintenance, repair or replacement. Most repairs can be accomplished by City personnel and sandblasting and extensive repair can be performed by Metro Hydrant and Valve Services for additional funds. PROGRAM IMPACT: Fire hydrant audit, testing and maintenance are necessary to ensure that health, life and safety are protected. The Utilities Department is responsible for the system service area and the Fire Department works in coordination with the extended government entities whom benefit from City of Boynton Beach Fire and Rescue services. FISCAL IMPACT: Funds are available for the Utilities Department portion in 401-2810-536-49-17. Funds are available for the Fire Department portion in 001-2210-522-49-17. The cost is $15.00 per fire hydrant. ALTERNATIVES: Alternatives' eluding soliciting our own bids for this service, or w 'ting another year which still complies wi h the Health Department section of the Unified Land evel ent Code. tt\v '. D~p;~d~r~~ a er's Signature Utilities Department City Attorney / Finance / Human Resources cc: Procurement Services Fire Department John Reynolds Les Sarkkinen Barb Conboy S:\BULLETIN\FORMSIAGENDA ITEM REQUEST FORM. DOC " 1 2 RESOLUTION NO. R- 06 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 QUOTE #04/05-Q091 WITH 8 METRO HYDRANT & VALVE SERVICE, INC., TO 9 TEST AND AUDIT THE CITY'S FIRE HYDRANTS 10 THROUGHOUT THE CITY IN THE AMOUNT OF 11 $48,750.00; AUTHORIZING THE APPROPRIATE 12 CITY OFIi1CIALS TO ENTER INTO AN 13 AGREEMENT; AND PROVIDING AN EFFECTIVE 14 DATE. 15 16 WHEREAS, upon recommendation of staff, it is the City's desire to "piggy-back" 17 a City of West Palm Beach Quote #04/05-Q09l and enter into an Agreement with Metro 18 Hydrant & Valve Service, Inc., and to test and audit the City's Fire Hydrants at various 19 locations throughout the City in the amount of$48,750.00. 20 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION 21 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 22 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed 23 as being true and correct and are hereby made a specific part of this Resolution upon 24 adoption. 25 Section 2. The City Commission of the City of Boynton Beach, Florida, hereby 26 approves the "piggy-back" of a City of West Palm Beach Quote #04/05-Q09l and 27 authorizes the appropriate City officials to enter into an Agreement with Metro Hydrant & 28 Valve Service, Inc., to test and audit the City's Fire Hydrants at various locations 29 throughout the City in the amount of $48,750.00, a copy of the Agreement is attached 30 hereto as Exhibit "A". S:\CA\RESO\Agreements\Bid Awards\Piggy-Back WPB - Fire Hydrant Test.doc II 1 Section 3. That this Resolution shall become effective immediately. 2 PASSED AND ADOPTED this 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 ATTEST: 22 23 24 City Clerk 251 26 (City Seal) 27 28 29 day of February, 2006. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner S:\CA\RESO\Agreements\Bid Awards\Piggy-Back WPB - Fire Hydrant Test.doc AGREEMENT THIS IS AN AGREEMENT, dated this _ day of , 2006, by and between: CITY OF BOYNTON BEACH, a municipal corporation of the State of Florida, hereinafter "City", and METRO HYDRANT & VALVE SERVICE, INC., a Florida corporation, hereinafter "Contractor". WHEREAS, the City has the need to procure the services of a qualified contractor for testing and auditing of private fire hydrants ("Services"); and WHEREAS, !he City of West Palm Beach ("WPB") competitively bid for these Services under RFQ 04/05- Q-091; and WHEREAS, Contractor submitted a bid in response to the WPB Request for Quotation; and WHEREAS, after receipt of said proposal from Contractor, WPB entered into a contract with Contractor to provide services, a copy of which is attached hereto and made a part hereof as Exhibit "A" ("WPB Contract"); and WHEREAS, the City of Boynton Beach has reviewed the scope of services of the competitively bid WPB Contract, and has determined that it is an agreement that can be utilized by the City to provide said Services to !he City of Boynton Beach; and WHEREAS, the WPB Contract authorizes the Contractor to enter in10 an agreement with other Cities pursuant to the same terms and conditions; and WHEREAS, Contractor has agreed to honor the prices and terms and conditions of !he WPB Contract in performing Services for the City; and WHEREAS, City desires to retain the Contractor based on the WPB Contract; and WHEREAS, at its meeting of February 7, 2006, 1he City Commission of the City of Boynton Beach authorized the proper City officials to enter into an Agreement with Contractor; and NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, and other good and valuable consideration, the receipt and adequacy of which are acknowledged, the parties agree as follows: Section 1. this Agreement. The foregoing recitals are true and correct and are hereby incorporated into S:\CA\AGMTS\Piggyback (Hydrant testing).doc I Section 2. Attached hereto and made a part hereof by reference as Exhibit "A" is the WPB Contract referred to above. The prices, terms and conditions of this WPB Contract shall govern the relationship between the City and Contractor, except as amended below: A. Notice to the City, for purposes of Section 11.17 of the WPB Contract shall be sent 10: City of Boynton Beach Attn: City Manager 100 E. Boynton Beach Boulevard Boynton Beach, Florida 33425 B. The insurance required pursuant to Section 10 ofthe WPB Contract shall require that the Certificate of Insurance name the City of Boynton Beach as an additional insured. Section 3. In all other respects, the terms and conditions of the WPB Contract, are hereby ratified and shall remain in full force and effect under this agreement, as provided by their terms. IN WITNESS OF THE FOREGOING, the parties have hereunto set their hands and seals on the dates written below. CITY OF BOYNTON BEACH BY: ATTEST: CITY MANAGER BY: CITY CLERK Date APPROVED AS TO FORM: CITY ATTORNEY WITNESSED BY: METRO HYDRANT & VALVE SERVICE, INC., BY: Thomas E. Modlin, President Date S:\CA\AGMTS\Piggyback (Hydrant testing).doc 2 EXHIBIT "A" AGREEMENT BETWEEN WPB AND CONTRACTOR S:\CA\AGMTS\Piggyback (Hydrant testing).doc 3 Metro Hydrant &Valve Service Inc. A Consulting Service 12/06/05 2275 Espana Real West Palm Beach FI,334'5 56 t -868-0444 To; Mr. Ies Sarkkincn Supervisor City of Boynton Beach, Fl. 33435 Reference: Fire Hydrant Audit"piggybacking" City of West Palm Beach-Quote: #04l0~-OOQ I Enclosed you will find a complete copy of the City of West Palm Beach's, contract. That also includes the scope, terms and insurana information. This Bid had a lot stipulations enclose within it. The reason for such stipulations is that this contract is dealing with fire hydrants that belong to the Private sector. The City West Palm as placed a new contact person in charge of this project his name is Mr. Wayne Schooley Customer Service Superintendent phone 561-822-2249 Specifactions called for 600 fire hydrants looking at the purchase #061742 it calls for 1,000 units extended @ $15.00 ea. Metro Hydrant has allowed this contract 10 piggybacked by the City of lake Worth for 89' units, the contact person is Mr. Mike Thew PE 561-586-167' Metro has extended this contract an additional time covering 2006/2007. This additional coverage is also available to the City of Boynton. Please look at the Bid tab sheet enclosed and let the dollars do the justification. In piggybacking another contract you have the right to alter or change any parts that more suite our utility, as long as we agree and the unit price remains the same, We at Metro Hydrant & Valve Inc. feel we can offer Ihis to all Utilities in Palm Beach County our cost do not have to incorporau mobilization charges like some other companies. Metro always offers 24/7 service for our customers. General facts that vou mav want to know: All water is flushed Ihrew a defused box located under the truck If water is rusty colored the flow will be reduced until clear water appears Area's that my need to be flowed at night will be done @ no additional charge All trucks areexuipped with directional lights /Company signs Any fire hydrants out oj service will be call in as "out of service" Any hydrant without water, the shut off valve will be checked and turn on if off@ no additional charge Data is done with Windows Access program and backed upped daily Utility will receive all data by way oj a USB pro-stick for quick down load Utility Maps will be corrected if needed / I , . ~fluce~ly, - ?ii- Lt,~~ '--- -- '--....----/ Tho as E. Modi.. PreSIdent Metro ydrant & Valve ServIces Inc. , ... CO) q ~ ~ CJ II. a:: Hl/HI 39\1d ~ ~ ~....) I~.! ,,::l!!:.e J 2'l''l'''B !j::j~it :I.. 8i~'!! ~ :I i'i i~ Li If 13~ ~ 0: JA. ID~ .. i o ":5 Ii 11~lg.l~ ~i 1 l ~ if ~ ~ J ji~~ ~ J! j ) -lil~ ~ i i "~~I ~ i I ~~J,:!~ i :%: ! i $I it fj ';i~~ ~ i.. ,ft::~~ I)j. ~ 1m ji~i ~ .... > ~ -:Ii as" !ii ~ 8 ; jJ~ jJ~i J c: g !f?~B J I ilU~ i ij tul ;. II ~.iJ : jj Ji8~~ . . ~ /.; Ii li - '5 1ii '" rf 8. j S . . ~ ./" 1& ~ / :; Ii 8 5 i If i i. j ~. ~,t.! r~ I ~ .. l~1 'II ~ of ~ !~ ! Ji,~ ~ i j ~I~I~! jg- J . . ~/ " j f .. ~ j .. ~ !ldM .:lO ^1I:J 8~00SE8t9S S~:St S00~/t0/~0 PURCHASE ORDER City of West Palm Beach Procurement Division 1045 Charlotte Avenue West Palm Beach, Florida 33401 Tel: (561) 822-2100 Fax: (561) 835-0028 Purchase Order No: 061742 Deliver By: 21.NOV-05 FOB: DESTINATION Terms: IMMEDIATE Buyer: H Grosch Issue Date: 21-NOV-05 pege: 1 of 1 Revision: 0 Vendor: METRO HYDRANT & VALVE SERVICE INC 6342 FOREST HILL BLVD WEST PALM BEACH,FL 33415 Ship to: AS SPECIFIED West Palm Beach,FL 33401 Bill to: City of West Palm Beach PO Box 3366 West Palm Beach,FL 33402 Tel: (561) 822.1310 Fax: (561) 822-1349 Vendor Conteet: THOMAS MODLIN Vendor Tel: (561) 868-0444 Vendor Fex: (561) 868-0444 LINE QUANTITY UOM DESCRIPTION UNIT PRICE EXTENDeD PRICE 1 Testing and Audit of Private Fire Hydrants Services - To furnish all the materials, equipment, tools, labor, vehicles, and Incidentals necessary for the tesling & audit of approx., 600 private fire hydrents. " (Unit Price $15/each Fire Hydrant) RFQ#04/05-Q091 sa Goal 0% Per CWPB Contract for Tesling & Audit of Private Fire Hydrants, dated 11/21/05 Project Engineer -Isaac Kovner - (561-494-1091) 15,000.00 ~ AU deliveries must be made Monday.Friday between 7:30 AM & 3:30 PM. Purchese Order number must appear on all invoices, packing slips and correspondence. By accepting this Purchase Order, seller agrees to terms & conditions on the front and reverse sides hereof, and any attachments hereto. Tax Exemption Certification Numbers: Federal: 59-6000-448 State: 85- 012740163C-3 Consuftanf/Confracfor Original CONTRACT FOR TESTING AND AUDIT OF PRIVATE FIRE HYDRANTS 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 METRO HYDRANT & VALVE SERVICES, INC., a Florida corporation, whose principal and mailing address is 2275 Espana Real, West Palm Beach, Florida, 33415 (the "Contractor"). WITNESSETH: WHEREAS, the City issued its Request for Quotations No. D1105-Q091 ("RFQ") pursuant to , . state and local law to soJicitquotes to provide for the testing and audit of private fire hydrants throughout the City of West Palm Beach; and WHEREAS, Contractor is qualified to render said services' and has responded to the RFQ by submitting its quote, dated March 3 I, 2005, (the "Quote"), which Quote was chosen as the best value to the City; and WHEREAS, the City wishes to engage Contractor to perform the services in accordance with the RFQ, the Quote, this Contract and the specifications attached hereto (collectively, the "Contract Documents"); and WHEREAS, Contractor has agreed to perform the services, as described below, for the City in accordance with the RFQ, the Qupte, and the terms and conditions defined below. NOW THEREFORE, in consideration of the promises and mutual covenants and obligations herein contained, and subject to the terms and conditions herein stated, the parties hereto understand and agree as follows: 1. Recitals. The foregoing recitals are true and correct and are incorporated herein by this reference. 2. Scope of Services. Contractor hereby agrees to furnish all the materials, equipment, tools, labor, vehicles, and incidentals necessary for the testing and audit of approximately 600 private fire hydrants, as set forth with detail below (the "Services"), subject to and in accordance with the terms, conditions, provisions, imd Technical Specifications of the Contract Documents. The Contractor agrees to furnish all equipment and labor necessary for the performance of the Services in a good, firm, substantial and workmanlike manner. . 2.1 Contractor Duties. 2. J. J Contractor shall be Homeland Security Certified by a certifying agency. Metro Hydrant & Valve Services, Inc. Contract for Testing and Audit of Private Fire Hydrants 05242005 ' 1 2.1.2 Licenses and Permits. Contractor shall obtain and maintain at its own expense aU applicable licenses and permits that are necessary to complete the Services hereunder. 2.1.3 Testing. 2.1.3.1 Contractor shall ensure that aU testing shall include a static test and a single hydrant residual flow test. 2.1 .3.2. Contractor shaU ensure that all testing Services hereunder are completed in accordance with the Technical Specifications, attached hereto as Exhibit "1" and the A WW A Manual #M-17 "lnstallation, Field Testing and Maintenance of Fire Hydrants" procedures. 2.1 .4 Reporting. 2.1.4.1 Contractor shaU comply with all reporting requirements, as set forth with detail in the Technical SpeCifications, attached hereto. . 2.1.4.2 Contractor shall use the forms attached hereto as Exhibit "2" and shall provide all required reports within fifteen (IS) days after the completion of all Services hereunder. 2.1.5 Env1Tonmental Protection. 2.1..5.1 Contractor shall ensure that all Services hereunder are completed in accordance with any and all federal, state, county, and local regulations pertaining to environmental protection and safety and the preservation of natural resources. 2.1.5.2 Contractor shall prevent any and aU water, air and noise poUution during the completion of the Services hereunder. 2.1.5.3 Contractor shall prevent and control any and all. erosion and sedimentation that may result directly or indirectly from the completion of Services hereunder. 2.1.6 Notification. 2.1.6.1 Contractor shall notifY the City's Water Treatment Plant Chief Operator a minimum of twenty-four (24) hours prior to flow testing any fire hydrant. 2.1.6.2 Contractor shall notifY the City's Utility Dispatch of its hydrant testing location a minimum of twenty-four (24) hours prior to any testing and/or auditing. 2.1.7 Safety. Contractor shall provide all approved safety devices and equipment and shall exercise all care and measures necessary to safeguard property and persons with respect to its performance of all Services hereunder. 2.1.8 Vehicles. Contractor shaU ensure that all vehicles used in the completion of Services hereunder are kept in good working condition and clearly display the Contractor's name. 2.1.9 Traffic Control. Contractor shall be responsible for all traffic control necessary to perform the Services hereunder. 2.1.10 Contractor shaU complete aU other Services in accordance with the Technical Specifications and in accordance with aU applicable rules and regulations. Metro Hydrant & Valve Services. Inc. Contract for Testing and Audit of Private Fire Hydrants 05242005 2 " 2.2 City Duties. 2.2.1 The City shall designate a City employee(s) who shall act as the City's contact(s) for the Contractor under this Contract. 2.2.2 City shall issue a work request to the Contractor. Such work request shall include, at a minimum, a list of the hydrants to be audited and tested and their locations. 2.2.3 City reserves the right to inspect completed Services for compliance with this Contract, the Technical Specifications and all applicable laws and regulations. Any Services which are determined by the City to be unsatisfactory shall be corrected by the Contractor within forty-eight (48) hours ofnotifica~on of such determination. If the City det~rmines that the Services are unsatisfactory as a result offaulty or poorworkmanship, the Contractor shall complete the Services at no cost to the City. Ifnecessary, City shall identify and provide tf the Contractor a list ofhydrants and their locations that require retesting.' ".. 3. Time of Completion. The Services hereunder shall commence upon the issuance of the Notice to Proceed. All Services shall be completed no later than thirty (30) days after the Notice to Proceed; This Contract will be subject to immediate cancellation if the Services do not comply with the specifications as stated herein, 4. Pavrnent. Payment will be made by the City after, Services have been performed in accordance with the requirements and provisions of the purchase order and this Contract, accepted and properly invoiced. The City abides by Chapter 2318, Part vn, Florida Prompt Payment Act (ss. 218.70-218.80) which proVides prompt payment, interest payments, a dispute resolution process and payments for all purchases be made in a timely manner for properly executed invoices by local government entities. 4.1 Pavrnent Procedure. Upon the completion of all Services, the Contractor shall submit fully executed Pay Estimate Forms (AlA Forms G702 and G703) to the City with all appropriate backup and required reports;in accordance with the Technical Specifications. If the 'City does not accept all Services and full payment hereunder is not forthcoming, the City will, within ten (10) days of its review, notify the Contractor in writing why full payment is not forthcoming. If applicable, Contractor shall comply with Section 2.2.3 above and submit revised forms, backup and reports for payment. 4.2 Unit Price. As compensation for Services rendered by the Contractor to the City, the City shall pay the Contractor Fifteen and 00/100 Dollars ($15.00) per fire hydrant in accordance with the Quote, attached hereto as Exhibit "3". The Rates shall be full compensation for all equipment, vehicles, tools, labor, fuel, insurance, taxes, fees, transportation, suspensions, delays and incidentals necessary to complete the Services described in this Contract. 4.3 Total compensation for the Services under this Contract shall not exceed the amount of Nine Thousand and 00/100 Dollars ($9,000.00). The City reserves the right to increase or decrease the Contract Price as necessary to meet actual requirements. The obligations of the City under this Contract are subject to the availability of funds lawfully appropriated for its purpose. Metro Hydrant & Valve Services, Inc. Contract for Testing and Audit of Private Fire Hydrants 05242005 3 , 5. Equipment and Personnel. Equipment deemed defective by the City, or its duly appointed representative, shall be promptly removed from the site. Personnel employed either directly or indirectly by the Contractor that are deemed to be incompetent, inept or unfit to perform, the Services in the opinion of the City, or its duly appointed representative, shall bepromptIy removed from the Services under this Contract. Failure of the Contractor to remove defective equipment or incompetent personnel may result in the termination of this Contract with cause. 6. Termination. 6.1 Termination for cause. The City shall have the right to immediately terminate this Contract if either the product or service does not comply with specifications as stated herein or fails to meetthe City's department performance standards. In the event the Contractor violates any of the provisions of the Contract, the City shall have the right to tenninat<;-thisContract, in whole or inpart, upon ten (10) days written notice to the Contractor. Such notice shall state the reason for such intention to terminate the Contract. The liability of the Contractor for any and all such violations(s) shall not be affected by any such termination. ' 6.2 Terminatioo without cause. The City shall have the right to terminate this Contract, in whole or in part, with or without cause, upon ten (10) days written notice tethe Contractor. ' 6.3 In the event ofterinination, the City shall compensate the Contractor for an authorized Services satisfactorily performed through the termination date under the payment terms set forth herein. The City will have no further obligations to Contractor and Contractor will have no claims against City. 7. City's Right to Correct or Complete Services. If the Contractor should neglect to prosecute the Services properly or fail to perform any provisions of this Contract, the City may, without prejudice to any other remedy City may have, make good these deficiencies and may deduct the cost thereof from the payment then or thereafter due the Contractor. ' 8. Damage to Persons or Property. The Contractor shall at all time guard against damage or loss to the property of the City or other owners and shall be held responsible for replacing or repairing any such loss or damage. The City may withhold payment or make such deductions as deemed necessary to insure reimbursement or replacement for loss or damage to propertytbrough the negligence of the Contractor or its agents or' employees. Any damage caused by the Contractor's vehicles, equipment or employees to City property or to public property shall be promptly repaired and restored to the pre-existing condition by the Contractor at no cost to the City. The Contractor is responsible for making these repairs pursuant to any permits or licenses that may be required. The responsibility for all damage to persons or property arising out of or on account of services done under this Contract shall rest upon the Contractor and it shall save the City harmless from all claims made on account of such damages. 9. Indemnitv. 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 claims, liability, expenses, losses, suits, costs, fines and damages (including attorney fees and costs) and causes of action of eve!)' 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 Metro Hydrant & Valve Services, Inc. Contract for Testing and Audit of Private Fire Hydrants 05242005 4 sustained by any party hereto, or of any party acquiring any interest hereunder, aild any third or other party whomsoever, or any governmental agency, arising out of or incident to or in connection with Contractor's performance under this Contract, Contractor's acts, omissions or operations hereunder, or the performance, non-performance or purported performances of the Contractor or any breach of the terms of this Contract, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct ,of Contractor and persons or entities emplOyed or utilized by Contractor in its performance. The tenns and requirements 0{9725 .06, Fla. Stat, are incorporated herein by reference. 10. Insurance. 10.1 ' Contractor shall maintain and pay for such insurance, issuedirrthe name of the City and naming the City as an additional named insured, as will protect th~ City from contingent liability under this Contract, and the City's right to enforce against the Contraptor any provision of this article shall be contingent upon the full compliance by the City with the t~s of suchinsurance policy or policies. 11. Miscellaneous Provisions: 11.1 Headings. The headings contained in this Contract are provided for convenience only and shall not be considered in construing, interpreting or enforcing this Contract. 11.2 Integration. This Contract constitutes the entire agreement between Contractor and the City and supersedes all prior verbal and written agreements, understandings, negotiations and discussions between the parties hereto. No verbal agreement or conversation with any officer, agent or employee of the City either before or after execution of this Contract shall affect or modify any of the terms or obligations contained in any ofthe documents comprising said Contract. 11.3 Severability. The invalidity, illegality or unenforceability of any provision of this Contract shall not affect the validity, legality or enforceability or any other provision of this Contract and this Contract shall be construed and enforced in all respects as if the invalid, illegal or unenforceable provision is not contained herein. Metro Hydrant & Valve Services,Inc. Contract for Testing and Audit of Private Fire Hydrants 05242005 5 , 11.4 Assignment. This Contract requires the personal skills and experience of Contractor and may not be assigned by Contractor. This Contract shall be binding upon and inure to the benefit of the parties hereto, their successors and permitted assigns. 11.5 Specific Waiver. Any waiver issued by the City of any provision of the Contract Documents shall only be effective if issued in writing by the City and shall be specific, shall apply' only to .the particular matter concerned, and shall not apply to other similar or dissimilar matters. Either party's failure to enforce strict performance of any covenant, term, condition, promise, agreement or undertaking set forth in this 'Contract shall not be construed ,as, a waiver or relinquishment of any other covenant, term, condition, promise, agreement or undertaking set forth herein, or waiver or relinquishment of the same covenant, term, condition, promise, agreement or undertaking at any time in the future. 11.6 Criminal Acts. Employment by any Contractor 4r any employees hired by the Contractor with multiple felonies and/or crimes against children will Iiot be tolerated. The Contractor must provide documented proof of efforts to comply with this requirement. The City may declare any non-compliance or lack of diligent effort 'by the Contractor to comply as a breach of contract and immediately terminate the services of the Contractor. 11.7 Compliance with'Laws. Contractor shall comply with all applicable City, State and Federal laws, codes and regulati{)ns relating to the Services and provision of services under this Contract, now or hereafter in effect. Contractor shall comply with all applicable City, State and FederalJaws relating to wages, hours, safety and all other applicable laws relatingto the employment or protection of employees, now or hereafter in effect. 11.8 Federal and State Tax. The City is exempt from Federal Tax and State Tax for Tangible Personal Property. Vendors/Contractors doing business with the City shall not be exempted from paying sales tax to their suppliers for materials to fulfill contractual obligations with the City, nor shall any Vendor/ConlIactor be authorized to use the City's Tax Exemption number in securing such materials. 11.9 Small Business Reauirements. Contractor shall comply with the City's Small Business Code, Chapter 66 of the City's Code of Ordinances, which is incorporated herein by reference. 11.10 No Solicitation. Contractor has not employed orretained 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 contingent upon or resulting from the award of this Contract. 11.11 Equal EmplovrnentOoportunitv: Non-Discrimination. Contractor will not discriminate against any employee or an applicant for employment because of race, color, national origin, gender, sexual orientation, or physical impairment. 11.12 Fair Labor Standards Act. 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 to time. 11.13 Unauthorized Aliens. The City shall consider the employment by any Contractor of unauthorized aliens a violation of section 274A(e) of the lmmigration and Nationalization Act, as Metro Hydrant & Valve Services. Inc. Contract for Testing and Audit of Private Fire Hydrants 05242005 6 f amended. Such violation shall be cause for unilateral cancellation of this Contract. 1 1.14 Right to':Audit. Contractor shall maintain adequate records of the services for at least three (3) years from the completion of the Services. City, from time to time, during Contractor's business hours and with at least 24 hours prior notice to Contractor, shall have the right to audit the Contractor's books ,and records, at the City's expense, with regard to the accounts and services provided to or on behalf cif the City hereunder to ensure that all aspects of the Contract are being met. Failure by Contractor to permit such audit shall be grounds fOr termination of this Contract by the City. 11.15 ,Public Records Law. The Contractor shall allow public access to all documents, papers, letters or other material subject to the provisions of Chapter 1 19, Florida Statutes, and made or received by the Contractor in conjunction with the Contract. Fai)Ure by the Contractor to grant such public access shall be grounds for immediate unilateraI cancel~ition ofthis,,90ntractbythe City., 11.16 Indeoendent Contractor. Contractor acknowledges and agrees that it is an independent contractor of the City and is not an employee of the City. Contractor more specifically acknowledges that it: will not be eligible to participate in any employee benefit maintained by the City; will not be covered by the City's workers' compensation insurance; and will be solely and exclusively responsible for payment of all federal and state income, social security, unemployment and disability taxes due in respect of all compensation and/or other consideration paid by the City to Contractor hereunder. ' 11.17 Notices. All written notices 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 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 City: City of West Palm Beach P.O. Box 3366/200 2nd Street (33401) West Palm Beach, FL 33402 Attn.: City Administrator to Contractor: [to Contractor at the address listed on the first page of this Contract] 11.1 8 Modification. There may be no modification of this Contract, except in a writing executed with the same formalities as this document. 11.19 Litigation. In the event suit is filed to construe or enforce this Contract, the prevailing party in such suit shall be entitled to an award of all costs and expenses incurred in cOlmection therewith, including, but not limited to, reasonable attorneys' fees and costs through trial and appeal. 1 1.20 Governing Law: Venue. This Contract shall be construed and interpreted, and the rights of the parties hereto detennined, in accordance with Florida law. The City and Contractor submit to the jurisdiction of Florida courts and federal courts located in Florida. The parties agree that proper venue for any suit concerning this Contract shall be Palm Beach County, Florida, or the Federal Southern District of Florida. Contractor agrees to waive all defenses to any suit filed in Metro Hydrant & Valve Services, Inc. Contract for Testing and Audit of Private Fire Hydrants 05242005 7 Florida based upon improper venue or forum nonconveniens. 11.21 Terms: Construction of Contracts. This Contract shall include all other terms and conditions of the ITB, as if fully set forth herein. In the event of a conflict between the terms of this ' Contract, the purchase order, 'the ITB, and the Bid, the terms of this Contract shall govern and prevail. 12. Contract Documents. The Contractor agrees to complete all Services in accordance with the following documents, attached hereto and incorporated herein by this reference, cOllectively referred to herein as "Contract Documents": Exhibit "1" Technical Specifications Exhibit "2" Report Forms Exhibit "3" Contractor's Quote Exhibit "4" Schedule of Subcontractors Exhibit "5" Substitutio~' Sheet Exhibit "6" Contractor License Verification Form Exhibit"?" Non-Collusion Affidavit Exhibit "8" Drug Free Workplace Statement Exhibit "9" Insurance Certificates and Risk Management Compliance Certificate [Remainder of page intentionally left blank.] Metro Hydrant & Valve Services, Inc. Contract for Testing and Audit of Private Fin: Hydrants 05242005 8 IN WITNESS WHEREOF, the parties execute this Contract through their duly authorized representatives. ~;.(. ~L- City Clerk F:\lJTlllTIESlAgreemcntslService AgmtslMetrOTstgAudPrivFrHydK.do< 410,05~2602jhrb WITNESS: By: ft/p ~ /JOt~ PrintName: -Z::;OrJA A fl,./AAJP I~ ,~ \IonOA,Nlldln<> (~ . My ecmmillk>"00273035 ''1".1 ~April04,200. Metro Hydrant & Valve Services. Inc. ContraCt for Testing and Audit of Private Fire Hydrants 05242005 By: Date: III o~ , ,2005 CITY ATf.bRNEY'S OFFICE Approved'i.s to form ~.sufficienCY By. . AJhfA. - Date: /0 '3/.0'; CONTRACTOR: METROHYD 1 ~ \-X.ClI>\)~ Title: e: , _\ ,--- \ ltC">............ \ 9 'The City of West 'Palm CBe~h PUBLIC UTILITIES Customer Service P.O. Box 3506 West Palm Beach, Florida 33402-3506 TEL: 561/822-2249 FAX: 561/822-2259 "The Capital City of the Palm Beaches" I,ovember 1 t, 2005 Metro f'I'ydnnt & Valve Services, Inc (,342 Forest Hill Blv, #305 West Palm Beach, FI33415 J\TrN: Mr. Tom Modlin I lear Mr. MJdlin: This letter ill your authorization to proceed in testing the private fire hydrants within the jilrisdiction .)fthe service area of the City of West Palm Beach. I f you incw' any problems while testing, pleast' feel free to contact me for assistance. Sincerely, ;)pU~1M S'~ !), Watne ~chooley Custorrt"er Service Superintendent '~n Equ41 Oppt.rtunlty Employer" 'Ihe City of 'West Palm CReach Procurement Division 1045 Charlotte Avenue West Palm Beach, Florida 33401 Office: 561-822-2100 Fax: 561/835-0028 "The Capital City of the Palm Beaches" QUOTE # 04/05-Q091 Testing and Audit of Private Fire Hydrants The City of West Palm Beach is requesting bids from qualified and experienced contractors to furnish all labor, tools, vehicles, and supplies for the testing and audit of 600 private fire hydrants as shown on the attached map depicting city boundaries, All testing, both static and dynamic, should follow AWWA Manual #M-17 procedures. The contractor is required to test an average of 75 fire hydrants per day. All reports shall be submitted on the forms attached. The forms, B1-1, B1-2, B2-1, and B2-2 shall be completed and submitted in a timely manner using Microsoft Access, Contractors shall furnish proof of Workmen's Compensation Insurance as required by Florida Law. It is the contractor's responsibility to become fully informed as to the nature and extent of the work required and its relation to any other work in the area, including possible interference from other site activities such as tournaments and planned events in the dining room. For technical information please contact Isaac Kovner, Senior Project Engineer, at I 561-494-1040 ext. 1091. ,,' Josephine Grosch Buyer City of West Palm Beach Purchasing 1045 Charlotte Avenue West Palm Beach. FL 33401 Phone: 561-822-2107 Fax: 561-835-0028 QUOTE # 04/05-Q091 Testing and Audit of Private Fire Hydrants Description Ouantitv Unit $ Total $ Fire Hydrant Audit includes static and dynamic testing and filling out forms (Exhibit 81-1, 81-2, 82-1 & 82-2) 600 each $ $ (Write dollar figure here) Price is all inclusive of all labor, tools, vehicles, supplies, and ClII costs incurred in providing the inspection and testing of fire hydrants within the City of West Palm Beach jurisdiction. Project can be completed in working days after receipt of order. NOTE: 8ids are due on or before 5:00 p.m. (Eastern Time) on Thursday, March 31,2005 in the Procurement Office. 8ids may be faxed to 561-835-0028. Contractor: Authorized By: / I / (Signature) (Print Name) Address: Telephone: Josephine Grc Fax: B City of West Palm Beach Purch2 1045 Charlotte AVE West Palm Beach, FL 3: Dale: Phone: 561-822-, Fax: 561-835-( Emaii: jgrosch@wpt QUOTE#04/05-Q091 Amendment No. 1 TECHNICAL SPECIFICATIONS TESTING & AUDITING OF WEST PALM BEACH SERVICE AREA HYDRANTS FOR THE PUBLIC UTILITIES DEPARTMENT SCOPE AND INTENT This Scope of Work (SOW) is for the audit and static testing of fire hydrants (private and repairs to private) in the City of West Palm Beach's Jurisdiction. All testing shall incorporate a static test and a single hydrant residual flow test. . APPLICABLE DOCUMENTS A.W.W.A Manual #MI7 - "Installation. Field Testing and Maintenance of Fire Hydrants." All other requirements shall be in accordance with the terms and conditions herein. Section 1 DEFINITIONS 1.1 Unless noted otherwise, the following terms shall have the definitions shown when used in these Specifications in their capitalized forms: 1.2 Audit - Attribute gathering and the identification of operational deficiencies, conduct of static and flow tests and the recording of observations and conditions. (Definition also applies to lowercase form of term). 1.3 Department - The Public Utilities Department. 1.4 System. The water systems operated by the Department. Section 2 DEPARTMENT STAFF AND FACiliTIES 2.1 SENIOR PROJECT ENGINEER - Senior Project Engineer shall be responsible for providing special instructions to the CONTRACTOR and for reviewing the CONTRACTOR'S performance. Unless otherwise advised by the Department, the Senior Project Engineer for this Contract may be contacted as follows: Isaac Kovner, P.E., Senior Project Engineer 1000 - 45th Street, Suite 15 West Palm Beach, FL 33401 (561) 494-1040 QUOTE#04/05-Q091 Section 3 CONTRACTOR RESPONSIBILITIES 3.1 Contractor shall compile a database containing attributes gathered, inspect and static test, an estimated 560 private existing fire hydrants to be identified by the City's project manager. Bids shall be submitted with a price per hydrant unit. 3.2 Contractor must have a computer using a Microsoft Database for all fire hydrants serviced and static tested. 3.3 Contractor shall submit, as a part of their bid package a sample audit report with the required reports included. Contractor shall provide to the Project Manager, Vendor Reports listed within 75 calendar days from the Notice to Proceed to complete field testing of 560 F.H. Contractor shall provide complete reports within 15 days thereafter. Section 4 CONTRACTOR SERVICES 4.1 SCOPE - except as otherwise provided herein, the CONTRACTOR shall furnish all labor, tools, vehicles, supplies, and materials to accomplish the Services hereunder. 4.2 PERSONNEL - The CONTRACTOR shall have sufficient, qualified personnel available to perform the services required hereunder. The CONTRACTOR shall ensure that each of its representatives who operate a motor vehicle in performance of the CONTRACTOR'S responsibilities hereunder is properly licensed with a valid driver's license for the operation of that vehicle. 4.3 LICENSES AND PERMITS. The CONTRACTOR shall obtain and maintain at its own expense during this Contract all applicable licenses and permits that are necessary to conduct business in the City of West Palm Beach including the services contemplated herein. 4.4 MATERIAL, PARTS, AND EQUIPMENT. All parts, materials, supplies, lubricants, and equipment necessary to complete the Contract shall be furnished by the CONTRACTOR except as otherwise provided herein. 4.5 VEHICLES. The CONTRACTOR shall furnish all vehicles necessary to complete, in a timely manner, this Contract. The CONTRACTOR shall be responsible for maintaining all vehicles utilized in good mechanical condition. 4.6 SAFETY - The CONTRACTOR shall provide all approved safety devices and equipment and shall exercise all care and measures necessary to safeguard property and persons with respect to its performance hereunder. 4.7 TRAFFIC CONTROL - The CONTRACTOR shall be responsible for all traffic control necessary to pertbrm its responsibilities hereunder. 4.8 PROPERTY DAMAGE - The CONTRACTOR shall immediately report to the Senior Project Engint}er any damages occurring to public or private property as a result of the CONTRACTOR'S performance hereunder. 4.9 SECURITY CERTIFICATION - The CONTRACTOR shall be Homeland Security Certified by a certifying agency. The reasoning behind this is the CONTRACTOR will be working directly with the City's potable water system and therefore the CONTRACTOR is more qualified with the certification to act in the best interest of the City and its constituents. QUOTE#04/05-Q09l Section 5 INSPECTION, STATIC AND FLOW TESTING 5.1 All inspections and static testing equipment shall have capabilities required for 160 PSI ratings. 5.2 CONTRACTOR must use one device to perform all the required tasks: 1. Static testing device will have at least a 2.5" inlet and outlet. 2. All gauges must be glycerin filled minimum 0-160 PSI test pressure with a minimum of two (2) pound increments and a 3% accuracy across the entire spectrum. 3. Static measuring tool shall be with a pitot tube for true and proper pressure testing of hydrant gathering flow information and be designed to vent air to ensure 5.3 After the static test is taken, the hydrant must be flushed to remove any debris that may be in the shoe of the hydrant. 5.4 CONTRACTOR will gather the following attributes: Address, audit number, date of audit, make of hydrant, model of hydrant, date manufactured, main valve size, size and thread configuration of pumper and hose nozzles, operating nut size and shape, opening direction of hydrant, location, distance and operating direction of shut off valve, indicated if valve was not found or buried, unique identifier. Contractor will then cycle and test the hydrant. Contractor will identify any operational deficiencies found during the test to include the following repairs and observations: Main valve replacement, main valve replacement under pressure, drain facing replacement, hydrants with not shut off valve, hydrants out of service, hydrants needing replacement, all gaskets required on the upper barrel, recaulk of nozzles, replacement of corroded or missing nuts & bolts, requirement of blasting, priming & painting, replace bonnet, replace & lubricate operating nuts, operating nut filler plug, weather cap, safety coupling, replace pumper and/or hose caps, lubricate nozzles, straighten hydrant, replace upper or lower stem, replace pumper nozzle to include cap, replace pumper and/or hose gaskets, rework operating nut area, rework entire bonnet area, safety flange coupling, replace hose and/or pumper nozzles, replace flange and lor bonnet gasket, hydrant requires safety flange kit, observe NFP height requirements and report if hydrant needs an extension and the siz~required, , operating nut filler plug, weather cap, safety coupling, replace pumper or hose caps, lubricate nozzles, straighten hydrant, replace upper or lower stem, replace pumper nozzle to include cap, address, audit number, date of audit, make of hydrant, model of hydrant, date manufactured, main valy:~ size, size and thread configuration of pumper nozzle, size and thread configuration of hose nozzles, operating nut size and shape, opening direction of hydrant, location, distance from hydrant and opening direction of shut off valve, indicate if valve not found or buried, unique identifier, static pressure, flow reading, gallons per minute, system flow at 20 PSI, extension if required & size, replace hose and/or pumper gaskets, rework operating nut area, flange and/or bonnet bolt replacement, rework entire bonnet area, safety flange coupling, replace upper stem, replace hose and/or pumper nozzles, replace flange and/or bonnet gasket, hydrant requires safety flange kit, make, model, year of manufacture, operational direction of fire hydrant and location of isolation valve iffound, test gaskets, a-rings, couplings & over all condition ofthe hydrant and any other items, as desired by the Utility. Additional items will be requested prior to beginning the Audit. QUOTE#04/05-Q091 Section 6 HYDRANTS DATA BASE REPORTS 6.1 CONTRACTOR shall provide the City with an updated computerized Audit Report using Microsoft Excel! or equal for work order tracking purposes. 6.2 The required information will be entered into and supplied to the City upon completion of the project, a stand alone database software program designed to sort and provide mathematical calculations which will allow the Utility to make changes to existing hydrant information and print the following reports. The program must be stand alone and the database must be imported into the program to reduce the number of uncorrectable fatal errors. Additionally provide the Utility with a hard copy report outlined as follows: Audit Report: report on each individual hydrant stating attributes, conclusions and dollar value for turn key repairs. The following reports and summary reports sorted from the Audit Report: Manufacturer Report: breaking the system down as to the number of hydrants represented by manufacturer and model Repair Summary: repairs to the upper barrel by number and type of repair Main Valve Replacement: defined by manufacturer, model & size Main Valve Replacement W/out Shut Off: Utility will have to shut down water as isolation (shut off) valve does not exist Drain Facing: List by manufacturer & model for replacement of drain facings Rework Op Nut: hydrants requiring operating nut area reworking, lubrication and/or 0- nngs Extensions: by manufacturer, model & size required Hydrants w/out Shut Offs: a list of hydrants with no shut off or isolation valves Out of Service: hydrants out of service listed by address and City Utility fire hydrant number Recommend Replacement: hydrants where replacement parts are no longer available and/or cost too much to repair and Utility decides to replace Misc Reports: Lists other deficiencies found and/or gives information required by Utility (blue marker not found, raise valve box to grade, etc.) , Flow Reports: Lists hydrants by A.W.W.A. flow classifications (AA, A, B and C) derived from flow test data 6.3 The database stJ;".llcture along with ASCI files will be provided for the City's use. Section 7 PROTECTION OF PRIVATE PROPERTY 7.1 The CONTRACTOR will at all times conduct work to insure minimal obstruction to traffic and inconvenience to the City of West Palm Beach, Public Utilities Department, the general public and the residents in the vicinity ofthe work to be performed. The CONTRACTOR shall insure the protection of persons and property, public and private, walkways, driveways, and vehicles. QUOTE#04/05-Q091 Section 8 ENVIRONMENTAL PROTECTION 8.1 The CONTRACTOR shall comply with any and all federal, state, county, local, and municipal statutes, laws, regulations and ordinances pertaining to environmental protection and conduct operations to avoid water, air and noise pollution. Contractor shall prevent and control erosion and sedimentation that may result directly of indirectly from the project work. 8.2 All contract work and clean-up shall comply with all applicable regulations and laws concerning the preservation of natural resources. 8.3 Contractor shall notify (24 hours minimum) the City of West Palm Beach Water Treatment Plant Chief Operator (Ken Blakeney) (561) 837-4054 prior to flow testing fire hydrants. 8.4 Contractor shall notify the City of West Palm Beach Utility Dispatch (561) 832- 401 1 oftheir testing location prior to testing and auditing fire hydrant. QUALITY ASSURANCE Section 9 ORDERS 9.1 All reports listing hydrants to be audited and tested will be submitted to the Contractor by the Project Manager. The Contractor shall substantially complete the testing of a minimum five hundred sixty (560) private fire hydrants in 90 days and final completion of the testing shall be done in 120 days. Section 10 DELIVERY 10.1 Contractor shall complete static and flow testing within thirty (30) days of notification from the City's Senior Project Engineer. 10.2 Location of fire hydrants to be retested (if required) will be identified by the City's Senior Project Engineer after receipt of Vendor Reports, contracted at the same price. 10.3 Contractor shall notify the Project Manager of services completed and be available for quality spot checks by the Project Manager. Section 11 PAY ESTIMATE FORMS: 11.1 The Engineer will accept AlA Form G702 and 703 for submittal. The Contractor shall make copies to be usfd for submittal ofthe following pay estimates. Failure of the Contractor to sign the pay estimate or attach appropriate documentation shall be grounds for returning the pay estimate with no action by the Owner or Engineer. The Contractor shall submit two (2) copies of the pay request each month. Pay requests without undated progress schedules shall be returned with no action taken. Section 12 CONTRACTOR QUALIFICATIONS 12.1 Contractor must follow the following information as part of the bid requirement: 1. References from at least five municipalities with whom this kind including the audit, repairs and abrasive blast cleaning, priming & painting of contract or one of a similar size and nature has been performed. Include municipality's names, addresses, and the phone number of individuals to contact. QUOTE#04/05-Q091 2. List of current customers with whom this kind of contract or one of a similar nature is in effect. 3. Bidder must have experience in testing and auditing, repairs, and abrasive blast cleaning, priming & painting of fire hydrants on projects of equal size and nature of this project. 4. State in detail your understanding of the services required as outlined in this specification, your approach to accomplish them and the scope of services required. Section 13 OTHER REQUIREMENTS 13.1 All vehicles used while services are performed for the City of West Palm Beach, Public Utilities Department must display company name. Section 14 CITY OF WEST PALM BEACH RESPONSIBILITIES 14.1 Review of Completed Work. The City reserves the right to inspect completed work for compliance with the applicable codes and workmanship. Any work which is determined by the Senior Project Engineer to be unsatisfactory shall be corrected by the CONTRACTOR within forty-eight (48) hours of notification so such determination. Call back or follow up on work to correct unsatisfactory work shall not be charged to the City if such work is determined by the Senior Project Engineer to be the result of faulty workmanship. 14.2 The City of West Palm Beach reserves the right to ADD NEW hydrants or EXCLUDE certain hydrants from application under this contract while Contractor is on site, Section 15 METHOD OF PAYMENT 15.1 Providing that completed Hydrant Summary Reports and Audit Reports have been received as required in the Scope of Work, the City will account for the services rendered upon completion of the project. In the event the City's Senior Project Engineer does not fully approve the monthly reported number of fire hydrants tested, the City designee will within a 10 day period indicate in writing to the Contractor the reason for disapproving the payment in full. Corrected monthly reports will be used for payment. QUOTE#04/05-Q091 Amendment No. 1 TECHNICAL SPECIFICATIONS TESTING & AUDITING OF WEST PALM BEACH SERVICE AREA HYDRANTS FOR THE PUBLIC UTILITIES DEPARTMENT SCOPE AND INTENT This Scope of Work (SOW) is for the audit and static testing of fire hydrants (private and repairs to private) in the City of West Palm Beach's Jurisdiction. All testing shall incorporate a static test and a single hydrant residual flow tl(st. APPLICABLE DOCUMENTS A.W.W.A Manual #MI7 - "Installation. Field Testing and Maintenance of Fire Hydrants." All other requirements shall be in accordance with the terms and conditions herein, Section 1 DEFINITIONS 1.1 Unless noted otherwise, the following terms shall have the definitions shown when used in these Specifications in their capitalized forms: 1.2 Audit - Attribute gathering and the identification of operational deficiencies, conduct of static and flow tests and the recording of observations and conditions. (Definition also applies to lowercase form of term). 1.3 Department - The Public Utilities Department. 1.4 System. The water systems operated by the Department. Section 2 DEPARTMENT STAFF AND FACILITIES 2.1 SENIOR PROJECT ENGINEER - Senior Project Engineer shall be responsible for providing special instructions to the CONTRACTOR and for reviewing the CONTRACTOR'S performance. Unless otherwise advised by the Department, the Senior Project Engineer for this Contract may be contacted as follows: Isaac Kovner, P.E., Senior Project Engineer 1000 - 45th Street, Suite 15 West Palm Beach, FL 33401 (561) 494-1040 QUOTE#04/05-Q091 Section 3 CONTRACTOR RESPONSIBILITIES 3.1 Contractor shall compile a database containing attributes gathered, inspect and static test, an estimated 560 private existing fire hydrants to be identified by the City's project manager. Bids shall be submitted with a price per hydrant unit. 3,2 Contractor must have a computer using a Microsoft Database for all fire hydrants serviced and static tested. 3.3 Contractor shall submit, as a part of their bid package a sample audit report with the required reports included. Contractor shall provide to the Project Manager, Vendor Reports listed within 75 calendar days from the Notice to Proceed to complete field testing of 560 F.H. Contractor shall provide complete reports within 15 days thereafter. Section 4 CONTRACTOR SERVICES 4.1 SCOPE - except as otherwise provided herein, the CONTRACTOR shall furnish all labor, tools, vehicles, supplies, and materials to accomplish the Services hereunder. 4.2 PERSONNEL - The CONTRACTOR shall have sufficient, qualified personnel available to perform the services required hereunder. The CONTRACTOR shall ensure that each of its representatives who operate a motor vehicle in performance of the CONTRACTOR'S responsibilities hereunder is properly licensed with a valid driver's license for the operation of that vehicle. 4.3 LICENSES AND PERMITS. The CONTRACTOR shall obtain and maintain at its own expense during this Contract all applicable licenses and permits that are necessary to conduct business in the City of West Palm Beach including the services contemplated herein. 4.4 MATERIAL, PARTS, AND EQUIPMENT - All parts, materials, supplies, lubricants, and equipment necessary to complete the Contract shall be furnished by the CONTRACTOR except as otherwise provided herein. 4.5 VEHICLES - The CONTRACTOR shall furnish all vehicles necessary to complete, in a timely manner, this Contract. The CONTRACTOR shall be responsible for maintaining all vehicles utilized in good mechanical condition. 4.6 SAFETY - The CONTRACTOR shall provide all approved safety devices and equipment and shall exercise all care and measures necessary to safeguard property and persons with respect to its performance hereunder. 4.7 TRAFFIC CONTR,OL - The CONTRACTOR shall be responsible for all traffic control necessary to perf9Im its responsibilities hereunder. 4.8 PROPERTY DAMAGE - The CONTRACTOR shall immediately report to the Senior Project Engineer any damages occurring to public or private property as a result of the CONTRACTOR'S performance hereunder. 4.9 SECURITY CERTIFICATION - The CONTRACTOR shall be Homeland Security Certified by a certifying agency. The reasoning behind this is the CONTRACTOR will be working directly with the City's potable water system and therefore the CONTRACTOR is more qualified with the certification to act in the best interest of the City and its constituents. QUOTE#04/05-Q091 Section 5 INSPECTION, STATIC AND FLOW TESTING 5.1 All inspections and static testing equipment shall have capabilities required for 160 PSI ratings. 5.2 CONTRACTOR must use one device to perform all the required tasks: 1. Static testing device will have at least a 2.5" inlet and outlet. 2. All gauges must be glycerin filled minimwn 0-160 PSI test pressure with a minimwn of two (2) pound increments and a 3% accuracy across the entire spectrum. 3. Static measuring tool shall be with a pitot tube for true and proper pressure testing of hydrant gathering flow information and be designed to vent air to ensure 5.3 After the static test is taken, the hydrant must be flushed to remove any debris that may be in the shoe of the hydrant. 5.4 CONTRACTOR will gather the following attributes: Address, audit nwnber, date of audit, make of hydrant, model of hydrant, date manufactured, main valve size, size and thread configuration of pwnper and hose nozzles, operating nut size and shape, opening direction of hydrant, location, distance and operating direction of shut off valve, indicated if valve was not found or buried, unique identifier. Contractor will then cycle and test the hydrant. Contractor will identifY any operational deficiencies found during the test to include the following repairs and observations: Main valve replacement, main valve replacement under pressure, drain facing replacement, hydrants with not shut off valve, hydrants out of service, hydrants needing replacement, all gaskets required on the upper barrel, recaulk of nozzles, replacement of corroded or missing nuts & bolts, requirement of blasting, priming & painting, replace bonnet, replace & lubricate operating nuts, operating nut filler plug, weather cap, safety coupling, replace pwnper and/or hose caps, lubricate nozzles, straighten hydrant, replace upper or lower stem, replace pwnper nozzle to include cap, replace pwnper and/or hose gaskets, rework operating nut area, rework entire bonnet area, safety flange coupling, replace hose and/or pwnper nozzles, replace flange and lor bonnet gasket, hydrant requires safety flange kit, observe NFP height requirements and report if hydrant needs an extension and the size required, , operating nut filler plug, weather cap, safety coupling, replace pwnper or hose caps, lubricate nozzles, straighten hydrant, replace upper or lower stem, replace pwnper nozzle to include cap, address, audit'nwnber, date of audit, make of hydrant, model of hydrant, date manufactured, main valVe size, size and thread configuration of pwnper nozzle, size and thread configuration o(hose nozzles, operating nut size and shape, opening direction of hydrant, location, distance from hydrant and opening direction of shut off valve, indicate if valve not found or buried, unique identifier, static pressure, flow reading, gallons per minute, system flow at 20 PSI, extension if required & size, replace hose and/or pwnper gaskets, rework operating nut area, flange and/or bonnet bolt replacement, rework entire bonnet area, safety flange coupling, replace upper stem, replace hose and/or pwnper nozzles, replace flange and/or bonnet gasket, hydrant requires safety flange kit, make, model, year of manufacture, operational direction of fire hydrant and location of isolation valve if found, test gaskets, o-rings, couplings & over all condition of the hydrant and any other items, as desired by the Utility. Additional items will be requested prior to beginning the Audit. ' QUOTE#04/05-Q091 Section 6 HYDRANTS DATA BASE REPORTS 6.1 CONTRACTOR shall provide the City with an updated computerized Audit Report using Microsoft Excel! or equal for work order tracking purposes. 6.2 The required information will be entered into and supplied to the City upon completion of the project, a stand alone database software program designed to sort and provide mathematical calculations which will allow the Utility to make changes to existing hydrant information and print the following reports. The program must be stand alone and the database must be imported into the program to reduce the number of uncorrectable fatal errors. Additionally provide the Utility with a hard copy report outlined as follows: Audit Report: report on each individual hydrant stating attributes, conclusions and dollar value for turn key repairs. The following reports and summary reports sorted from the Audit Report: Manufacturer Report: breaking the system down as to the number of hydrants represented by manufacturer and model Repair Summary: repairs to the upper barrel by number and type of repair Main Valve Replacement: defined by manufacturer, model & size Main Valve Replacement W/out Shut Ojf: Utility will have to shut down water as isolation (shut off) valve does not exist Drain Facing: List by manufacturer & model for replacement of drain facings Rework Op Nut: hydrants requiring operating nut area reworking, lubrication and/or 0- rings Extensions: by manufacturer, model & size required Hydrants w/out Shut Offs: a list of hydrants with no shut off or isolation valves Out of Service: hydrants out of service listed by address and City Utility fire hydrant number Recommend Replacement: hydrants where replacement parts are no longer available and/or cost too much to repair and Utility decides to replace Misc Reports: Lists other deficiencies found and/or gives information required by Utility (blue marker not found, raise valve box to grade, etc.) Flow Reports: Lists hydrants by A.W.W.A. flow classifications (AA, A, B and C) derived from flow test data 6.3 The database stnJ'cture along with ASCI files will be provided for the City's use. Section 7 PROTECTION OF PRIVATE PROPERTY 7,1 The CONTRACTOR will at all times conduct work to insure minimal obstruction to traffic and inconvenience to the City of West Palm Beach, Public Utilities Department, the general public and the residents in the vicinity of the work to be performed. The CONTRACTOR shall insure the protection of persons and property, public and private, walkways, driveways, and vehicles. QUOTE#04/05-Q091 Section 8 ENVIRONMENTAL PROTECTION 8.1 The CONTRACTOR shall comply with any and all federal, state, county, local, and municipal statutes, laws, regulations and ordinances pertaining to environmental protection and conduct operations to avoid water, air and noise pollution. Contractor shall prevent and control erosion and sedimentation that may result directly of indirectly from the project work. 8.2 All contract work and clean-up shall comply with all applicable regulations and laws concerning the preservation of natural resources. 8.3 Contractor shall notifY (24 hours minimum) the City of West Palm Beach Water Treatment Plant Chief Operator (Ken Blakeney) (561) 837-4054 prior to flow testing fire hydrants. 8.4 Contractor shall notifY the City of West Palm Beach Utility Dispatch (561) 832- 401 I of their testing location prior to testing and auditing fire hydrant. QUALITY ASSURANCE Section 9 ORDERS 9.1 All reports listing hydrants to be audited and tested will be submitted to the Contractor by the Project Manager. The Contractor shall substantially complete the testing of a minimum five hundred sixty (560) private fire hydrants in 90 days; and final completion of the testing shall be done in 120 days. Section 10 DELIVERY 10.1 Contractor shall complete static and flow testing within thirty (30) days of notification from the City's Senior Project Engineer. O. 10.2 Location of fire hydrants to be retested (if required) will be identified by the City's Senior Project Engineer after receipt of V endor Reports, contracted at the same price. 10.3 Contractor shall notifY the Project Manager of services completed and be available for quality spot checks by the Project Manager. Section 11 PAY ESTIMATE FORMS: 11.1 The Engineer will,accept AlA Form G702 and 703 for submittal. The Contractor shall make copies to be ~~ed for submittal of the following pay estimates. Failure of the Contractor to sign the pay estimate or attach appropriate documentation shall be grounds for returning the pay estimate with no action by the Owner or Engineer. The Contractor shall submit two (2) copies of the pay request each month. Pay requests without undated progress schedules shall be returned with no action taken. Section 12 CONTRACTOR QUALIFICATIONS 12.1 Contractor must follow the following information as part of the bid requirement: I. References from at least five municipalities with whom this kind including the audit, repairs and abrasive blast cleaning, priming & painting of contract or one of a similar size and nature has been performed. Include municipality's names, addresses, and the phone number of individuals to contact. QUOTE#04/05-Q091 2. List of current customers with whom this kind of contract or one of a similar nature is in effect. 3. Bidder must have experience in testing and auditing, repairs, and abrasive blast cleaning, priming & painting of fire hydrants on projects of equal size and nature of this project. 4. State in detail your understanding of the services required as outlined in this specification, your approach to accomplish them and the scope of services required. Section 13 OTHER REQUIREMENTS 13.1 All vehicles used while services are performed for the City of West Palm Beach, Public Utilities Department must display company name. Section 14 CITY OF WEST PALM BEACH RESPONSIBILITIES 14.1 Review of Completed Work. The City reserves the right to inspect completed work for compliance with the applicable codes and workmanship. Any work which is determined by the Senior Project Engineer to be unsatisfactory shall be corrected by the CONTRACTOR within forty-eight (48) hours of notification so such determination. Call back or follow up on work to correct unsatisfactory work sl).all not be charged to the City if such work is determined by the Senior Project Engineer to be the result offaulty workmanship. 14.2 The City of West Palm Beach reserves the right to ADD NEW hydrants or EXCLUDE certain hydrants from application under this contract while Contractor is on site. Section 15 METHOD OF PAYMENT 15.1 Providing that completed Hydrant Summary Reports and Audit Reports have been received as required in the Scope of Work, the City will account for the services rendered upon completion of the project. In the event the City's Senior Project Engineer does not fully approve the monthly reported nwnber of fire hydrants tested, the City designee will within a 10 day period indicate in writing to the Contractor the reason for disapproving the payment in full. Corrected monthly reports will be used for payment. J.ac......L VJ.... Palm Beach County Tax Collector 9/29/20054:32:51 PM Occupational License License year : 2005 License number : 2086 Fee Class: OS012 Business Name: METRO HYDRANT & VALVE SERVICES INC Status: ACTIVE Owner Name: MODLIN THOMAS E PRES Business Address: 1195 N MILITARY TRAIL #6 City: WEST PALM BEACH State: FL ZIP: 334090000 Phone: (561)868-0444 City Limits: NO Fee Period: One and Half Year Orig Issue: 08/26/2004 Delq Pers Prop: Type Of Business: FIRE HYDRANT INSPECTION FOR MUNICIPALITIES ~:ii'i11' .1 'p,r'lit 'fll!~~, prr"1 ~ \ '\ 1\ Mail Address: 6342 FOREST HILL BLVD #305 City: WEST PALM BEACH State: FL ZIP: 334156104 Phone: (561)868-0444 St t C rt. NO STATE LIC REQD a e e . PER LET Exp Date: 09/30/2006 Number Of: 3 n1tn.//www.co.nalm-beach.fl.us/tc nubaccess/occ/lic de1ai1 print.asp?lyy=2005&licno=20... 9/29/2005 Business Detail it BUSINESS NAME ADDRESS CITY/STATE ZIP CODE PHONE NUMBER OWNER ESTABLISHED BALANCE DUE BUSINESS DETAIL METRO HYDRANT AND VALVE SERVIC 1195 N MILITARY TRAIL # 6 WEST PALM BEACH, FL 33409 5618680444 THOMAS MODLIN 29-JUL-05 $0.00 LICENSE INFORMATION: BUSINESS INFO BUS INF03 BUS INF04 BUS INFOS NEW COMM BUS? OUT OF BUS. DATE REASON .1 "'"0......1. V.L.I- REGISTRATION ONLY/FIRE HYDRANT INSPECTION & REPAIR LICENSE NO CATEGORY ISSUED EXPIRATION 38683 REGISTRATION OF ANY BUSINESS NOT IN cm LIMITS 7/29/2005 9/30/2006 38684 MOBILE REPAIR SERVICES MISC REPAIR SERVICES 7/29/2005 9/30/2006 httT...llnnpot(),.,oh()n wnh"ov.com/onestonlbuslic dtl.asp?bus id=0000015750 10/12/2005 A CERTIFICATE OF LIABILITY INSURANCE I -10/11/2005 'RODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Q INSURANCE CONSULTANTS ONLY AND CONFERS NO RIGHTS \JPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 301 Yamato Road, Suite #3191 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. BOC~ RATON, FL 33431-4932 561-994-8930 INSURERS AFFORDING COVERAGE NAIC# NSUREO Metro Hydrant' Valve Services, Inc INSURER k NAUTILUS INSURANCE COMPANY Tom Modlin IHSURER 8: 2275 Espana Read INSURER c: West Palm Beach, FL 33415 INSUR.ER 0: ,561-868-0444 INSURER E: , r.()R 0.. :OVERAGES THE POLICIES OF INSURANCE LISTED BElOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POl.JCY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR JoMY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO All THE TERMS, EXCLUSIONS ANO CONDITIONS OF SUCH POLICIES, AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, "R ~~ TYOS: nl:" IN"..- POLICY NUMBER ~~f!~9JS(E POL~ . LIMITS I -'" A MM'DO OAT MID . ~NERAl. LIABILITY EACH OCCURRENCE I 1 000 000 ' X COMMERCIAl GENERAL LIABILnY ~~~~ ~Ea 0 I 100 000 . I ClAIMS MADE 00 OCCUR MED EXP (Any ClIMl ptrm'l) . 5 000 - NC370575 10/08/05 10/08/06 PERSONAl. & ADVfNJURV I 1 000'000 f-- GENERAl AGGREGATE . 1.000.000, @l AGG~rr ~;; APflS PER: PRODUCTS - COMP/OP AGG I 1 000 000 X POL.ICY P T LOC ~BILfLlABlL.JTY COMBINED SINGLE L.IMIT I ANYAlITO (EeaccidM1l) - '- AU. OWNED AUTOS BOCIL Y INJURY (Per person) I - SCHEDULED AUTOS - HIRED AUTOS eOOIL Y INJURY (P.,..ccidiri) I - NON-OWNED AUTOS - PROPERTY DAMAGE I (Per Kcldert) ~RAGE LIASILrTY AUTO ONLY - EA-...CCmENT I ANYAvro OTHER THAN EAACe . AUTO ONLY: AGG I =:J~SSAJMBREL.L.A LIABILITY EACH OCCURRENCE I . OCCUR D CLAIMS MADE AGGREGATE I . ~ ~EDucnSLE I RETENTION . ~m I . WORKERS COMPENS,ATIONAND EMPL.OYERS'llA8lUTY ANV PFtOPI'lIETONf"AFlTNER/ElCEClJ'1'I'v'E E.L EACH ACCIDENT I OI"1'lCeJUMEMlII~ EXCLUDED'7 E.l. DISEASE. EA EMPLOYE I g~r6=~:r0Vl~NS below E-.L. DISEASE. POltcY L.IMIT I OTHER DESCRIPTION OF OPERAnON$/LOCAlION5/VEHICLES I EXCLUSIONSAf)OED BY ENDORSEMENT I SPECIAl. PROVIStDN$ , ' Testing of private fire hydrants City of West Palm Beach addi~{onal insured CITY OF WEST PALM BEACH ~ I~'S CONSULTANTS P.O. BOX 3366/200 2ND STREET WEST PALM BEACH, FL 33402 ADDITIONAL INSURED THE DESCRIBEO. POLICIES BE CANCelLED BEFORE lHE EXPIRATI' DATf THE OF, TH UING INSURER W1U lEImEAVOR TO MAlL.2..D..- DAYS WRlnEN I IFICATE HOLDER HAMED TO THE LEFT, BUT FAILURE TO DO SO SHAJ.L I liON OR LIABILITY OF At('( KIND UPON THE INSURER, ITS AGENTS OR CERTIFICATE HOLDER ACOe;;'fjlI4 H f(j) tJ f 8. 02.4 ClACORD CORPORATION 1988 'r .~ Progr..."" ElIpr-.ss Ins Co PO Box 94739 0.""'..,,1. OH 4,1101 80Q.876-7206 PROGRE1JlYF CDmmercl.1 Au'" /no_,"""" Policy number: 0'.74451-0 illy 25. 2005 Page 1 of 1 Certificate of Insurance Clftlllcoll Hal. InIurod Agonl Adifiiionai insured."."..,..,.".. ..",'..,..,..,..... ,.. 'f.1friiO'iNoRAliit ii\iiiLiiE", w..'..'..'........... ,..' uSAA' ftKAGCY iNC"'..'....,"',..,..,..".,.....,..,.., THE CITY OF W PAlM'~ 2275 ESPANA REAL 9800 FRDRCKSBRG HSVCW PO BOX 3366 / ~ WEST PAlM BEACH, FL 33i 1~, SAN ANTONIO, TX 78288 W PAlM BEAC~, Fl 33402 This document cenifies that insurance policies identme. I below have beell issued by the designated insurer to the insured naml~ above for the period(s) indicated. This :fnifkale is issued for information purposes only. k confers no rights upon the cenifkate holder and does nol change, a ter, modify, or extend the coverages afforded by the policies listed below, The coverages afforded by the policies Ii,tf d below are subjea to all the terms, exdusions, limkations, endorsements, and conditions of these policies, ............................................................................................................................................................................ Policy Eff.ctive Dat., Mar 8, 2005 PoIiCj E<piration Date, Mar 8, 2006 ml,.,m COWlI_") Unlll fi;;diiy' i~j;~iF;~p~rtY 'fi'';;~ge''''''''''''''''''''''''''''' 'li ;ooi ,i 00' COOibiri~ii Si~~e li'm~'''''''''''''''''''''''''''''''''''''''''''''''''''''''. ij~iriSu;ed' M c:OriSi.'.....'."..,..,..,..,."..,..,..,.....,.., "S3oo,i ,(j~S300.ooij salkeii"...'."",..,..,..,",..,..,.....,..,..,..,."..,..,..,........ jie~o~ai' i~'~~' P;;,tedi;;..;..'..'.. ,.. ,..,..,..,..,..,..".,..,..$.,. ii;Oi.o wi$i'so 'Deif:' Niir;ci' i~su;edo;;iy"'''''''''''''''''''''''''''''''''''''''''' Description of location/VehicleslSpecialltems ~,~~~~.~.~~..~~~1..,..,..,.....,..,..,..,.....,..,..,..,..,. '. ",...,.....,..,..,.....,..,..".,."",..,..,..,..,..,..""..,..,..,..,..,...,...'..... 2001 FORD F350SUPER DU 1FDWF36SX1EC70419 Stated Amount $17,000 Compfl!h.nsiv~ $ 1 ,000 C ed CoIli~~ $1,OOOCed /,.. Certifica1e number 20605FP1451 Please be advised that additional insureds and lier,holders will be notified in the event of a mid.term cancellation. '~~ form 5241 (10,(l2) EXHIBIT j Amendment No. 1 TECHNICAL SPECIFICATIONS TES11NG & AUDITING OF WEST PALM BEACH SERVICE ARBA HYDRANTS FOR THE PUBUC UTILITIES DEPA.RTMENT SCOPE AND INTENT ' This Scope of Work (SOW) is for the audit and static testing of fire hydrants (private and repairs to private) in the City of West Palm Beach's Jurisdiction. All testing shall incorporate a static test and a single hydrant residual flow test. , , APPLICABLE DOCUMENTS A. W. W.A Manual #MI7 - "Installation. Field Testing and Maintenance of Fire Hydrants.. All other requirements shall be in accordance with the tenns and conditions herein, Section 1 DEFINITIONS I.l Unless noted otherwise, the following termS shall have the definitions shown when used in these Specifications in their cllpitalized fonns: 1.2 Audit. Attribute gathering and the identification of operational deficiencies, conduct of ' , static and flow tests and the recording of observations and conditions, (Definition also applies to lowercase form oftenn). 1.3 Department. The Public Utilities Department. 1.4 System. The water systems opc:rated by the Departmcnt. Section 2 DEPARTMENT STAFF AND FACILITIES 2.1 SENIOR PROJECT ENGINEER - Senior Project Engineer shall be responsible for providing special instructions to the CONTRACTOR and for reviewing the CONJ'RACTOR'S performance. Unless otherwise advised by the Department, the Senior Project Engineer for this Contract may be contacted as follows: Isaac Kovner, P.E., Senior Project Engineer 1000 . 45th Stx'eet, Suite 15 i West Pahn Beach, FL 33401 , , (561) 494-1040 Section 3 CONTRACTOR RESPONSIBILITIBS 3. J Contractor shall compile a database containing attn"butcs gathered, inspect lIIld static test. an estimated 560 private existing fire hydrants to be identified by the City's project manager. Bid! shall be submitted with a price per hydrant unit, 3.2 Contractor must have a computer using a Microsoft Database for all fire hydrants serviced and static tested. 3.3 Contractor shall submit, as a part of their bid package a sample audit report with the required reports included. Contractor shall provide to the Project Manager, Vendor Reports listed within 75 calendar days from the Notice to Proceed to complete field testing of 560 F,H. Contractor shall provide complete reports within 15 days thereafter. , , Section 4 CONTRACTOR SERVICES 4.1 SCOPE - except as otherwise provided herein, the CONTRACTOR shall furnish all labor, tools, vehicles, supplies, and materials to accomplish the Services hereunder. 4.2 PERSONNEL - The CONTRACTOR shall have sufficient, qualified personnel available to perform the services requiI:ed hereWlder. The CONTRACTOR shall ensure that each of its representatives who oPerate a motor vehicle in performance of the CONTRACTOR'S, responsibilities hereWlderis properly licensed with a valid driver's license for the operation of that vehicle. 4.3 LICENSES AND PERMITS - The CONTRACTOR shall obtain and maintain at its own expense during this Contract all applicable licenses and permits that are necessary to conduct business in the City of West Palm Beach including the services contemplated herein. 4.4 MATERIAL, PARTS, AND EQUIPMENT - All parts, materials, supplies, lubricants, and equipment necessary to complete the Contract shall be furnished by the CONTRACTOR except as otherwise provided herein. 4.5 VEHICLES. The CONTRACTOR shall furnish all vehicles necessary to complete, in a timely manner, this Contract. The CONTRACTOR shall be responsible for maintaining all vehicles utilized in good mechanical condition. 4.6 SAFETY - The CONTRACTOR shall provide all approved safety devices aildequipment and shall exercise all care and measures necessary to safeguard property and persons with respect to its performance hereunder. 4.7 TRAFFIC CONTROL - The CONTRACTOR shall be responsible for all traffic control necessary to perform its responsibilities hereWlder. 4.8 PROPERTY DAMAGE - The CONTRACTOR shall immediately report to the Senior Project Engineer any damages occurring to public or private property as a result of the CONTRACTOR'S performance hereWlder. ' 4.9 SECURITY CERTIFICATION - The CONTRACTOR shall be Homeland Security Certified by a certifying agency. The reasoning behind this is the CONTRACTOR will be working directly with the City's potable water system and therefore the CONTRACTOR is more qualified with the certification to act in the bes1 interest of the City and its constituents. Section 5 INSPECTION, STATIC AND FLOW TESTING 5.1 All inspections and static/testing equipment shall have capabilities required for 160 PSI ratings. 5.2 CONTRACTOR must use one device to perform all the required tasks: 1. Static testing device will have at least a 2.5" inlet and outlet. 2. All gauges must be glycerin filled minimum 0-160 PSI test pressure with a minimurnoftwo (2) pOWld increments and a 3% accuracy across the entire spectrwn. 3. Static measuring tool shall be with a pitot tube for true and proper pressure testing of hydrant gathering flow information and be designed to vent air to ensure 5.3 After the static test is taken, the hydrant must be flushed to remove any debris that may be in the shoe of the hydrant. 5.4 CONTRACTOR will gather the following attributes: Address, audit number, date of audit, make of hydrant , model of hydrant, date manufactured, main valve size, size and thread configuration of pumper and hose nozzles, operating nut size and shape, opening direction of hydrant, location, distance and operating direction of shut off valve, indicated if,valve was not found or buried, unique i,~entifier. Contractor will then cycle and test the hydrant. Contractor will identify any operational deficiencies found during the test to include the following repairs and observations: Main valve replacement, main valve replacement under pressure, drain facing replacement, hydrants with not shut off valve, hydrants out of service, hydrants needing replacement, all gask~ts required on the upper barrel, recaulk of nozzles, replacement of corroded or missing nuts & bolts, requirement of blasting, priming & painting, replace bonnet, replace & lubricate operating nuts, operating nut filler plug, weather cap, safety coupling, replace pumper and/or hose caps" ' lubricate nozzles, straighten hydrant, replace upper or lower stem, replace pumper nozzle to include cap, repiace pumper and/or hose gaskets, rework operating nut area, reWork entire bonnet area, safety flange coupling, replace hose and/or pumper nozzles, replace flange and lor bonnet gasket, hydrant requires safety flange kit, observe NFP height requirements an4 report if hydrant needs an extension and the size required, , operating nut filler plug, weather cap', safety coupling, replace pumper or hose caps, lubricate nozzles, straighten hydrant, replace UppClI' or lower stem, replace pumper nozzle to include cap, address, audit number, date of audit, make of hydrant, model of hydrant, date manufactured, main valve size, size and thread configlll'ation of pumper nozzle, size and thread configuration of hose nozzles, operating nut size and shape, opening , direction of hydrant, location, distance from hydrant and opening direction of shut off valve, indicate if valve not found or buried, unique identifier, static pressure, flow reading, gallons per minute, system flow at 20 ,PSI, extension if required & size, replace hose and/or pumper gaskets,' rework operating nut area, flange and/or bonnet bolt replacement, rework entire bonnet area, safety flange coupling, replace upper stem, replace hose and/or plimper .. ' ' nozzles, replace flange and/or bonnet gasket, hydrant requires safety flange kit, make, model, year of manufacture, operational direction of fire hydrant and location of isolation valve iffound, test gaskets, o-rings, couplings & over all condition of the hydrant and any other items, as desired by the Utility. Additional items will be requested prior to beginning the Audit. Section 6 HYDRANTS DATA BASE REPORTS 6.1 CONTRACTOR shall provide the City with an updated computerized Audit Report using Microsoft ExcelI or equal for work order tracking pmposes. 6.2 The required information will be entered into and supplied to the City upon completion of the project, a stand alone database software program designed to sort and provide mathematical ' calculations which will allow the ,utility to make changes to existing hydrant information and print the following reports. The p'rogram must be stand alone and the database must be imported into the program to reduce the number ofuncorrectable fatal errors. Additionally provide the Utility with a hard copy report' outlined as follows: Audit Report: report on each individual hydrant stating attributes, conclusions and dollar value for turn key repairs. The following reports and summary reports sorted from the Audit Report: Manufacturer Report: breaking the system down as to the number of hydrants represented by manufacturer and model Repair Summary: repairs to the upper barrel by number and type of repair Main Valve Replacement: defined by manufacturer, model & size Main Valve Replacement W/out Shut Off: Utility will have to shut down water as isolation (shut oft) valve does not exist Drain Facing: List by manufacturer & model for replacement of drain facings Rework Op Nut: hydrants requiring operating nut area reworking, lubrication and/or o-rings Extensions: by manufacturer, model & size required . , Hydrants w/out Shut Ojfs: a list of hydrants with no shut off or isolation valves Out of Service: hydrants out of service listed by address and City Utility fire hydrant number Recommend Replacement: hydrants where replacement parts are no longer available and/or cost too much to repair and Utility decides to replace Misc Reports: Lists other deficiencies found and/or gives infonnation required by Utility (blue marker not found, raise valve box to grade, etc,) Flow Reports: Lists hydrants by A. W. W.A. flow classifications (AA, A, B and C) derived from flow test data 6.3 The database structure along with ASCI files wiII be provided for the City's use. Section 7 PROTECTION OF PRIVATE PROPERTY 7.1 The CONTRACTOR will at all times conduct work to insure minimal obstruction to tra.ffic and inconvenience to the City of West Palm Beach, Public Utilities Department, the general public and the residents in the vicinity of the work to be perfonned. The CONTRACTOR shall insure the protection of persons and property, public and private, walkways, driveways, and vehicles. Section 8 ENVIRONMENTAL PROTECTION 8.1 The CONTRACTOR shall comply with any and all federal, state, county, local, and , , , municipal statutes, laws, regulations and ordinances pertaining to environmental protection and conduct operations to avoid water, air and noise pollution. Contractor shall prevent and control erosion and sedimentation that may result directly of indirectly from the project work. 8.2 AII contract work and clean-up shall comply with all applicable regulations and laws concerning the preservation ofnatura1 resources. 8.3 Contractor shall notify (24 hours minimum) the City of West Palm Beach Water Treatment Plant Chief Operator (Ken Blakeney) (561) 837-4054 prior to flow testing fire hydrants. 8.4 Contractor shall notify the City of West Palm Beach Utility Dispatch (561) 832-401 1 of their testing location prior to testing and auditing fire hydrant. QUALITY ASSURANCE Section 9 ORDERS 9.1 All reports listing hydrants to be audited and tested will be submitted to the Contractor by the Project Manager. The Contraptor shall substantially complete the testing ofa minimum five hundred sixty (560) private fire/hydrants in 90 days and final completion of the testing shall be done in 120 days. ' Section 10 DELIVERY 10.1 Contractor shall complete static and flow testing within thirty (30) days of notification from the City's Senior Project Engineer. 10.2 Location of fire hydrants to be retested (if required) will be identified by the City's Senior Proj ect Engineer after receipt of Vendor Reports, contracted at the same price. 10.3 Contractor shall notify the Proj ect Manager of services completed and be available for quality spot checks by the Project Manager, Section 11 PAY ESTIMATE FORMS: 11.1 The Engineer will accept AlA Fonn G702 and 703 for submittal. The Contractor shall make copies to be used for submittal of the following pay estimates, Failure of the Contractor to sign the pay estimate Dr attach apprDpriate documentation shall be grounds fDr returning the,pay estimate with no. actiDn by the Owner Dr Engineer. The CDntractor shall submit two (2) copies of the pay request each mDnth. Pay requests withDUt undated progress schedules shall be returned with no. action taken. ' Section 12 CONT~CTOR QUALIFICATIONS 12. I ContractDr must fDllow the fDllowing information as part of the bid requirement: 1. References frDm at least five municipalities with whom this kind including the audit, repairs and abrasive blast cleaning, priming & painting Df contract or one of a similar size and nature has been performed. Include municipality's names, addressl:!l, and the phone number Dfindiviq).lals to contact. 2. List Df current customers with whDm this kind of contract Dr one of a, similar nature is in effect. ' 3. Bidder must have experience in testing and auditing, repairs, and abr~ive blast cleaning, priming & painting of fire hydrants Dn projects of equal size at'ld nature of this project. 4. State in detail YDur understanding of the services required as outlined in this specification, your approach to accomplish them and the scope of services required. Section 13 OTHER REQUIREMENTS 13.1 All vehicles used while services are performed for the City of West Palm Beach, Public Utilities Department must display company name. " . Section 14 CITY OF WEST PALM BEACH RESPONSIBILITIES 14.1 Review Df Completed W Drk . The City reserves the right to inspect completed work for compliance with the applicable codes and workmanship. Any work which is determined by the SeniDr Project Engineer to' be unsatisfactory shall be corrected by the CONTRACTOR within fDrty-eight (48) hDurS of notification so such determination. Call back or follow up on work to correct unsatisfactory work shall not be charged to the City if such wDrk is determined by the SeniDr Project Engineer to be the result of faulty workmanship. 14.2 The City DfWest Palm Beach reserves the right to ADD NEW h.ydrants or EXCLUDE certain hydrants from application under this contract while Contractor is on site. Section 15 METHOD OF PAYMENT , 15.1 PrDviding that cDmplete4'Hydrant Summary RepDrts and Audit Reports have been received as required in the SCDpe of Work, the City will accDunt for the services rendered upDn cDmpletion Df the project. In the event the City's SeniDr PrDject Engineer dDes nDt fully apprDve the monthly repDrted number of fire hydrants tested, the City designee will within a 10 day periDd indicate in writing to' the ContractDr the reaSDn fDr disapprDving the payment in full. CDrrected monthly repDrts will be used fDr payment. ~ G> i f. ::t ... .~ f. I I E I i ~' I 0 iO a: 1 . 'i n ::l ~ .. f a < lI: .. - '" i .. ~ ~ I !II ~ .. 'li '" '" z .. '< 1fJ ~ dl I c ~ III ~1fJ f m m 5i ~ ~8 s ! .. .. Z 1fJ :n - C'l ~ -< C'l ,. I ~ en to ~ en d .., "tJ ~ - !l. f;j s:m to - ... ~r 0> ~ 0 :n:n 2 - c ",0 or m ..." III III ~ 1fJ m E Zlll ":': C ~ Z m :n i -< 1fJ m '!{ ::t en m E ] ~ Ei m c C f;j :n 0 @ " ::t m 8 m w ~ if i!fl j. .Ill ...~ii!;i", '. if Ii, 1f{ i Hi U iH P ~ ~( Iii '. '! ;;tif ~ ~ ~ 0> to 0 , " . .& f i ji ilf ! f i! !i II i Iii rli~1 ,(Ii ,! iJ.! ii' .~ 1 I' i! I JI' HJ,J f · i jz ~oI ~ tl "! ' ~ l.j s i ~ i llliz 1~l DOOODO~DDD:ODDD~ 1-< I~ ' :! ~ l E ii' ~ f ~ i ! Q. < !!. ~ f ~. " f i i .f~ iii, '. ., I f ..,~ i i f. i f. i i If Ii ~ f,.', a ~ ~, .. ::t ~ i . [ ~ n ~ ~ " !II i" "1 < ~ "tJ I OZ"tI -C'<~5.if-1\.)-5::S)Cit'_.( . t"Er ~ ! ii ! ! ~ i ~ i i ~ i ~ ~ ~ ~ ~ l ~ I I ~ 0:::2' ~,~ ~ ~.. - ~i - ;} f f Ii' is. ,~ ~ ~i;; I ~ I ~D~DDDDDDDDDDDDDD~DDDDDD ,6~/211.2665 6B:65 561B351162B CITY CF IoPB ...A......... I 3 QUOTE., 04/0S-Q091 I '~ting and Audit of Private Fire Hydrants I Deat..h,dy.. 2ullItv .Y!tt.I Total S Fire H)'drant Audit lncIud~8 static and dynamic testing Ind 1lI1il"ig out forms (Exhibit BM. 8t-2, B2-1 & B2-2) 6OOaach' $ 15.00 $9,000.00 (PrtvE~. Fire Hydrants Only) @ty . ' :i rr The award~ contracIor 8hall complete 8t8tlc ~Ird flow testing wtthln thIrty (30)caIenft8r (3) days after receiving the Notice to Proceed fron the Clty'8 Senior Project Engineer. _. ._ .._ " . ---,VI NOTE: Bids are due on or before 5:00 p.m. (Eastern Time) on Thursd8y, March 31.200e in the Procurement Oft'ic:... Bid8may be fa~ to 581-835-0028. ve Services Inc. Thomas E. Modlin (Print Name) AddI'88l ; 22~EB~aRa Real West Palm BeaeR Pl. jJ~1S Telephone: 5'6:-1 - 8 6 8 - 0 4 4 4 ,kJ rl.6_~ Fax: O:;Fi1_RFiR_n~~~ Ilu7W aty c>'W... "*' BeMlIl PI."'...A$ 101& o-tl* A....... Wwl "*' 8Mcl'I. FL SS401 F'hcnI: 1ll1~07 Date: 3/31/2DOS EXHIBIT 5 CITY OF WEST PALM BEACH, FLORIDA SUBSTITUTION SHEET DESCRIPTION OR BID ITEM NO. MAKE SPECIFIED PROPOSED SUBSTITUTION / . ADD $ $ $ $ $ $ $ DEDUCT $ $ $ $ $ $ $ SubstituUon Sheet 1 EXHIBIT 6 CITY OF WEST PALM BEACH CONTRACTOR VE ~IFICATION FORM THE :.QLLOWltJG IS TO COMPLETED BY PRI'v1E BIDDER: Nam'! of Firm:-11etre IIyElraRt aaEl Val-.. ~ Oervi!:!: IRe. Corp,,,ate Title:, Prp", Ilpnr Addr,"ss: 119!i N Military Trail #6 West: Palm Beach FL 33409 (Zip Code) President (Print title) (Autho,;zed Signature) Telep1one: (561) 868-0444 Fax: (561) Rf'iR-'0444 State License # (ATTACH COPY) (ATTACH COPY) County License ~I 2005-02086 City license: (ATTACH PROOF OF REGISTRATION WITH THE CITY) Type ,)f License: Occupational Unlin' ted no (yes/no) If "NO", Limited t,) what trade? ." '~ F l"'lI;: II,yJ.Lcu.ll I.uo::ll-'c\"Llvu for Municipalities Contractor Verification Conboy, Barb From: Sent: To: Cc: Subject: Ness, Jim Wednesday, January 04, 2006 3:22 PM Conboy, Barb; Bingham. William Kemmer, Rodger: Mummert. Bill Fire Hydrant Maintenance Agreement Barb Chief Kemmer's calculations of the number of hydrants contained within our interlocal agreement service areas totaled 250 hydrants, At $15,00 per hydrant the fire department's share of the contract amount equals $3,750,00, Piease use the following account for that expenditure, 001-2210-522-49-17 Your assistance in this matter is appreciated, Regards Jim 1 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM VI.-CONSENT AGENDA ITEM 8.3. Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meetil1\!Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office 0 December 6, 2005 November 14, 2005 (Noon.) ~ February 7, 2006 January 17,2006 (Noon) 0 December 20, 2005 December 5, 2005 (Noon) 0 February 21,2006 February 6, 2006 (Noon) 0 January 3, 2006 December 19,2005 (Noon) 0 March 7, 2006 February 21,2006 (Noon) 0 January 17,2006 January 3, 2006 (Noon) 0 March 21, 2006 March 6, 2006 (Noon) 0 Administrative 0 Development Plans NATURE 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: A motion for the multi-award of the "ONE YEAR PIPE FITTINGS AND ACCESSORIES" Bid # 004-l412-06/JA, to various vendors on an "AS NEEDED BASIS" for an estimated annual expenditure of $130,000.00 CONTRACT PERIOD: FEBRUARY 8, 2006 TO FEBRUARY 7, 2007 EXPLANATION: On November 22, 2005, five (5) proposals were received and computer tabulated by Procurement Services. The following factors were used to determine the award: Price, brand name, and vendor's minimum shipping requirement. The lowest, most responsive, responsible bidder meeting all specifications, was awarded whenever possible. Mike Dauta, Warehouse Manager, concurs with this recommendation (see attached Memo). PROGRAM IMPACT: The purpose of this bid is to establish firm prices for a one-year period for the purchase of Pipe Fittings and Accessories. These items will be ordered on an "AS NEEDED BASIS" and stored in the City Warehouse for the user department for the repair, replacement, and new construction of utility systems. Vendors are required to have a warehouse facility in Dade, Broward, and/or Palm Beach County. The provisions of this bid award will allow for two (2) additional one (I) year extensions at the same terms, conditions, and prices subject to vendor acceptance, satisfactory performances and determination that the renewal is in the best interest of the City. FISCAL IMP ACT: WAREHOUSE INVENTORY 502-000-141-000-00 ESTIMATED ANNUAL EXPENDITURE $130,000.00 Procurement Services FY 2004/2005 Expenditure was $133,000.00 '~~ A ' h F' D' SSlstant to t e mance nectar S,IBULLETINIFORMSIAGENDA ITEM REQUEST FORM,DOC The City of Boynton Beach Finance Depanment WAREHOUSE DIVISION RECEIVED DEe 2 2 2005 :OCUMf-;ERVICES TO: Mary Munro, Assistant to the Finance Director FROM: Michael Dauta, Warehouse Manager tJ.IO DATE: December 21, 2005 SUBJECT: Pipe Bid I reviewed the tabulation sheet sent from your office. The evaluating factors used were A) Price, B) Brand, C) Warehouse Processing Time. My recommendation is a multi award to low vendors by group. Poly Tubin!! Ferguson 1,2,3,4/ Inserts for Poly Tubin!! National Waterworks 5,6,7,8 Retainer Glands with Accessories Ferguson 9,10, II ,12,13,14,15, 16, 17, 18/ Stainless Steel Tappin!! Sleeves Full Circle Gasket National Waterworks 19,20,21,22,23,24,25 Tappin!! Valves with Accessories No Award 26,27,28,29,30,31 (No one bid Kennedy Brand) Resilient Seat Gate Valves with Accessories National Waterworks 32,33,34,35 Air Valves Corcel Corp. 36,37,38,39 MJ Fittine:s without Accessories Ferguson 40,41,42,43,44,45,46,47,48,49,50,51,52,53,54,55, 56,57,58,59,60,61,62,63 Fernco Adapter Ferguson 64,65,66,67,68,69,70,71,72,73,74,75,76,77 ,78, 79, 80,81,82,83,84,85,86,87,88,89,90 Fernco Stainless Steel - Sheer Rine:s National Waterworks 91,92,93 Saddles Hughes Supply 94,95,96,97,98,99,100, I 01,102,103,1 04,105, I 06, 107,108,109,110,111,112,113,114,115,116,117, 118,119,120,121,122,123,124,125,126,127,128, 129,130,131,132,133,134 (Smith Blair not an accepted brand for saddles) Fire Hvdrants Ferguson 135,136,137,138,139,140,141 Bolt and Gasket Set Ferguson 142,143,144,145,146,147,148,149,150,151 Mee:a Lue:s Ferguson 152,153,154,155,156,157,158,159 MJ Gaskets Ferguson 160,161,162,163,164,165,166,167,168,169 Kennedv Check Valves National Waterworks 170,171,172 Gradeloks Ferguson 173 12" Extensions for Hvdrants Ferguson 174,175,176,177,178,179,180,181,182,183,184, 185,186 (Smith Blair not an accepted brand for extensions) Ductile Iron Pipe - Slip Joint National Waterworks 187,188,189,190,191,192,193,194,195,196 Ductile Iron Pipe - MJ Ferguson 197,198,199,200,201,202,203,204,205,206,207 MJ - DI - Compact Short Pattern Sleeves Ferguson 208,209,210,211,212,213 MJ - DI - Lon!!: Pattern Sleeves Ferguson 214,215,216,217,218,219,220,221,222 45 De!!:ree MJ Compact with Accessories Ferguson 223,224,225,226,227,228,229,230,231,232,233, 234 90 De!!:ree MJ Compact with Accessories Ferguson 235,236,237,238,239,240 Tees MJ Compact with Accessories Ferguson 241,242,243,244,245,246,247,248,249,250,251, 252,253,254,255,256,257,258 Plain End Reducers Ferguson 259,260,261,262 Cast Iron Valve Box National Waterworks 263,264,265,266,267,268 APC Markers Ferguson 269,270,271,272 MJ Gland Kit with Accessories Ferguson 273,274,275,276,277,278,279,280 Uniflanl!e Ferguson 281,282,283,284,285,286 MJ Accessories Set Less Gland Ferguson 287,288,289,290,291,292 Ford Redi Clamp Ferguson 293,294,295,296,297,298,299,300,301,302,303, 304 (JCM not an accepted brand for redi clamps) Ford FulI Circle Repair Clamp Ferguson 305,306,307,308,309,310,311,312,313,314,315, 316,317,318,319,320,321,322,333,334,335,336, 337,338,339,340,341,342,343,344,345,346,347, 348,349,350,351,352,353,354,355,356,357,358, 359,360,361,362,363,364,365,366,367,368,369, 370,371,372,373,374,375,376,377,378 (Smith Blair and JCM not acceptable brands for clamps) MJ Gate Valve without Wheel National Waterworks 323,324,325,326 MJ Reducers Ductile Iron National Waterworks 327,328 Flanl!ed Reducers Ductile Iron National Waterworks 329,330,331,332 Hvmax Couplinl!s - Dresser Stvle National Waterworks 379 Hvmax Couplinl!s National Waterworks 380,381,382,383,384,385,386 Flanl!e Adapters Hughes Supply 387,388,389,390,391,392 PVC SDR26 Pipe Sewer Ferguson 393,394,395,396,397,398,399,400,401,402,403, 404,405,406,407,408,409 PVC C-900 Class 150 Sewer Pipe Ferguson 410,411,412,413,414,415 PVC C-900 Class 150 Fittine:s National Waterworks 416,417,418,419,420,421,422,423,424,425,426, 427,428 C-900 Class 150 Fittine:s Ferguson 429,430,431,432,433,434,435 Yokes - Ford Onlv National Waterworks 436,437 Pipe Lube National Waterworks 438 MJ - DI - Short Pattern Compact Sleeves C153 Ferguson 439,440,441,442,443,444 MJ - DI - Lone: Pattern Compact Sleeves C153 Ferguson 445,446,447,448,449,450,451,452,453 45 Dee:ree MJ - DI Compact C153 Ferguson 454,455,456,457,458,459,460,461,462,463,464 90 Dee:ree MJ - DI Compact C153 Ferguson 465,466,467,468,469,470 Tees MJ - DI Compact C153 Ferguson 471,472,473,474,475,476,477,478,479,480,481, 482,483,484,485,486,487 In addition, the following vendors are offering a discount for items not listed on this bid. 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ClO rnz :lOll: 0)> )>0 o:t: o m rn rn o ;JD ;;; rn 51 " 1:' ~. . 0. ::; ~ ~ o o en VI.-CONSENT AGENDA ITEM 8.4 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Meetinl! Dates in to City Clerk's Office Requested City Commission Meetinl! Dates Date Final Form Must be Turned in to City Clerk's Office D December 6, 2005 o December 20, 2005 o Jan",')' J, 2006 o January 17, 2006 November 14, 2005 (Noon.) [g] February 7, 2006 o Februa')' 21, 2006 o Macch 7, 2006 o January 17,2006 (Noon) December 5. 2005 (Noon) February 6, 2006 (Noon) December 19, 2005 (Noon) February 21, 2006 (Noon) ,':. January 3, 2006 (Noon) NATURE OF AGENDA ITEM o Administrative [g] Consent Agenda o Public Hearing o Bids o Announcement o City Manager's Report March 21, 2006 March 6, 2006 (Noon) - -"" " ~...,- 0 Development Plans 0 New Business . 0 Legal f') ~,-~~ ~.~\ 0 Unfinished Business ;~ -:J 'r:~ ;i,c, 0 Presentation RECOMMENDATION: Motion to approve the "piggy-back" ofthe U.S. COMMUNITIES, GOVERNMENT PURCHASING ALLIANCE, LOS ANGELES COUNTY CONTRACT # 218955 to OFFICE DEPOT for the PURCHASE OF OFFICE SUPPLIES with estimated expenditure of $ 212,000.00, Bid # 015-1412-06/JA. EXPLANATION: Procurement Services Division has received a request from the Warehouse Division to use the U.S. Communities, Government Purchasing Alliance for the purchase of office supplies. U.S. Communities provides large volume discounts on select products based on the collective purchasing power of local government agencies nationwide. U. S. Communities provides an alternate to multiple bid processes and contracts by establishing a competitively bid contract through a single lead agency. This program operates similar to our local Palm Beach County CO-OP Program but on a national level. The provisions of this bid award will allow for a two twelve month extensions 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. Los Angeles County was the lead Agency for this nationwide contract with Office Depot. Office Depot is doing an excellent job for the City with the on-line, next day, desktop deliveries. The catalog pricing in the bid will vary according to different items and supplies. CONTRACT PERIOD: January 2, 2006 to January 1, 2010 S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM PROGRAM IMPACT: The purpose of this bid is to secure a source of office supplies at the most economical price; prompt, convenient delivery/shipment and service by the supplier to a specified location. FISCAL IMPACT: BUDGET ACCOUNT# WAREHOUSE 502-00-141.01-0 ESTIMATED ANNUAL EXPENDITURE $212,000.00 FY 2004- 2005 Expenditure was $210,286.00 ~~ Assistan to the Finance Director Procurement Services City Attorney / Finance / Resources Distribution: Mike Dauta - Warehouse Manager File S,IBULLETINIFORMSIAGENDA ITEM REQUEST FORM,DOC The City of Boynton Beach RECEIVED JAN 1 0 2006 PROC~ SERVICES Finance Department WAREHOUSE DIVISION TO: FROM: Mary Munro, Assistant to the Director of Finance Michael Dauta, Assistant Warehouse Manager >>{) DATE: January 10,2006 SUBJECT: Approving Piggy Back of County of Los Angeles Contract Please go to commission for approval to piggy-back the County of Los Angeles Office & Classroom Supplies Contract (Master Agreement # 42595).The City will utilize this to purchase our office supply needs. Last year's expenditures were $210,286. This year's estimated usage will be $215,000. cc. Bill Mummert, Director of Finance 01/10/20067:52 AM I;\TERNAL SERVrCES DEPARTMENT NUMBER ~2595 E'jYER PA YTO,< PRICE Bl;"IER ~r:CNE 01J) 167-2575-00UO T~NL,),!EEP. DATE ISS:;EC 11,08/05 'jEt.,CGF. l;:'-M2E:F. 00HJ59-OJ ',iENC'JP ?HGNE 1~18) 837-2580-511 EEe;: ;'.GENC'L 159000 J~TER:-l.-\L SERVICES DEPART\IE'iT n,R',1 CONTRACT A WARD AGE~CY REr; tiC. EEe :rc. F:;:SCF.L -[EP..F'. EFFEC'.L:'iE J;.'IE EXP:F.i-.T:;:CN ::.....TE: 1:022107 0,6 01;02,06 (JLOJ/jO OFFICE DEPOT,BCSI"IESS SERVICES 2~5 PARKS1DE DR s..\~ FER'I:\\:DO. CA 1)\3../0-3033 OFFICE AND CLASSROOM SUPPLIES The CC1:nty of Los JI_ngeles accept:3 ,cur offoC'r to furnish our requirements (and such requirement"; dS may be order.'ed by cities and/or districts indicated herein) of the listed commodity, or servicp, as needed, subject to conditions of the stated quotation and as provided herein. All Purchase Agr~ements, Purchase Orders and Contracts will be deemed to be made and entered into the Stdt~ of CaliforniA under the constitution and laws of this stRte and are t~ be so construed, PRICE GUARANTEE: Unl~ss otherwise provided herein, prices are maximum for the period of this agreement. In the event of a price decline, or, shculd you at any time during the life of tb:'::i agreement sell the same material or service under similar quantity and deliver conditions to the State of California, or legal district thereof, or to any county or Municipality within the Strlte of California at prices below those stated herein, you will immediately extend such lower prices to the County of Los Angeles. ATTENTION: VENDOR/DEPARTMENT - SPECIAL NOTE: County departments are not authorized to use this agreement as a purchasing source for products not specifically covered herein. Changes of items, equipment, or modifications to prices, specifications, or conditions, etc., of this agreement can ce 1":1'-1-:1(' only by the PU)",-::h,lf:in,l AC",nt by issuance cf "tfiei.11 "lml~ndm~nt 0.r,d i.n ._lccordan,::., ',~it,: I' :'b,~1." V j'!'':'', ,~d '.lp':'" prior t: ":I:~ c;;n",: i';r~. Los P,ngeles County 'Alill net pay for items not lL:ted below that have nct been processed in acccrdance with the above p'lragraph. Vendor ....,ill incur pdyment problems. ':':::1Ilty':=~ Quallty ASSUI..H1CI= Plan. The Cour:ty orlts i1',''''c,: ,",,;ill evaluate Cor:.tractor'~~ p"'rform.~,-,c(" under thlS agreer::ent .:)n not less than .-'In ,"lnnual cas1,~ Such evaluatior. v,'ill include asspssir,g C'Jr:t ractor' s compliance '...i th all ccntrd.ct tf;rms .'I:-:d peri,:rmclnce standards. Contractor deficielxlp':-': ~hi,:h County determine8 are severe or continui~glnd t~at may place performance of the agre~m~nt in j ecpOlrdy if not ccrrected will be reported tc thp Board cf Superviscrs. The report will l:lClud<2 irr.prc',,"ment/correctlve i'l.ctior.. me2lS:.Ires t3ken by tl:e C(j'l::ity and Contractor. If improvement dce::: r:ct ::c..:t:~~ '::'.lr..::,istent 'Alith b:! ccrre.:tive acti011 me.,Bt:u-'S, '~':;'uLty may termin,:,te this agreemeDt or .\nf':>;;' oth~r penalties ciS 3pecified in this Rqrppment. C'.;,.I\-1"';; 1F i . _:~~~-....:._-~-- r...,:~: J.....Nr::;E;:.E:~ i:::<\;, "-"--'. -~--- Vi:::Nr:OR S I''::~;;:'.TC;:;_E/ i:.:;'TE _l.} )",-:L~ i ,,-,':: .,."" qkh~l \j 'tfZ//Ills' ~ , ~~u, STANDARD TERMS AND CONDITIONS TERM CONTRACT Nt'MEER :,-m;~BER :'12595 \,-an::c,R.: OFFICE DEPOT-BLS!NESS SERVICES PAGE 2 ~CNTPACTCR RESPCNSIEI~:7Y ?~D DEBARMENT the r. :::.-es~:nsi.tl: :::-:-:'!t::ract,:.:::.- ~'" a '.::c::t:::.-a,:tcy >I::C i:6S ""ell as quaLtl, fitr:ess, -::at=acity and "':q::~ri,,=r:':'e CO'.mty' s p,:.:'i,:: t,:; cc;'!.duct Dusir.ess or.::''! .....-.:..tj-. ~F de~cnstrated the attribute o~ tr~st~crt:::i;:e2s, t':l sati.sfactoYi2.y I=erform the cantrac':. It.ls ~~onsible ccr:.tractcrs. as :. The Cor.tra,;to:: ~, te::eby notified that, ~.. a,:c,:.:::-.:tdr.':e '...it1: ctaJ;:cer 2.~rJ2 of the '':o;;,;:t:; :cde, if the County acquires ir,formation concerning the performance of the contractor on this or ')c~er ,:;-:;::t:::-<1Ct5 ...hieh ;,;:,i~:,ltes that the r:::cr:':ra..:'::cr -4-;:; r:-:.t rF'sponsit:ie, t'r.e CC'..1::1ty may, ~n "ddit:,,')7":,. t.J ether remedies pro'Tlded in tr.e contract, decar the C"::ntractcr frem bidding on County cmt:ra..:ts =or a specified pp:ri,:).j sf ~irr,e r.et to exceed ~ y"-~,'ns, rt::,~J ,:prm:.:::ate u:y .::;r: al: €-xistir.g ccr.':rd':':S '::he Cr:ntract..JY mily ta'JIO' '....-ith the <:':o'..lnty. 3. The County may debar a contractor if the Board of Supervisors finds, in its discretion, that the Ccntractor has done any of the following: (1; violated any term of a contract with the County, 12) committed any act or omission which negatively reflects on the Contractor's quality, fitness or capacity to perform a contract with the County or any other public entity, or engaged in a pattern or practice which negatively reflects on same, (3) committed an act or offense which indicates a lack of business integrity or business honesty, or (4) made or submitted a false claim against the County or any other public entity. 4. If there ~s evidence that the Contractor may ce subject to debarment, the Department will notify the Contractor in writing of the evidence which is the basis for the proposed debarment and will advise the Contr~ctor of the scheduled date for a debarment hearing before the Contractor Hearing Board, 5. The Contractor Hearing Board will conduct a hearing where evidence on the proposed debarment is presented. The Contractor and/or the Contractor's representative shall be given an opportunity to submit evidence at that hearing. After the hearing, the Contractor Hearing Board shall prepare a proposed decision, '""hich shall contain a recommendation regarding whether the contracto! '~hould be debarred, and, if so, the appropriate length of time of the debarment. If the Contractor fails to avail itself of the opportunity to submit evidence to the Contractor Hearing Board, the Con- tractor may be deemed to have waived all rights of appeal. 6. A record of the hearing, the proposed decision and any other recommendation of the Cont:t.actor Hearing Board shall be presented to the Board of Supervisors. The Board of Supervisors shall have the right to modify, deny or adopt the proposed decision and recommendation of the Hearing Board. 7. These terms shall also apply to (subcontractors/subconsultants) of County Contractors. PRC,HIBI'l'I,;N .Jr-. U~T L:..:E ,..:F CH r;~D Lh.12CR 'lENDOR sh3.11 1. Not knowingly sell or supply to COUNTY any products, goods, supplies or other personal property f:roduced ':Jr ffia.nufa(.tured ~n violation of child lacer ;;tandards set by thB Internatio::mal Laber Organizations through 1t.':= 1973 Convention Concerning Minimum Age for Employment. .., Upon request by CCUNTY, identify the country/countries of origin of any products, goods cmpp] ies or other person"l property bidder sells or supplies to COUNTY, and ';n.::;)~ :::'f'ql~e::;l~ by ,::C:;;'1':"l, p:t:cvi.de ':0 C':t;NTY th(~ '~ldr;'c--,:;:,l'~~:l)r~r'::; c'':':i.t.::.ficdti.Jn of c<)~pl:..u:,::. ',,:.t.h .'111 i;:-tE'rnati(::1,~J. ch:'.ld 1.':I.tc:::- ccn'Jentions. Shcc,ld COJNTY 'Jls.:::cvr'r tt,'il: ;i;1Y products, goo,::.:;, ,'upp;j".:s ,:cr ':lthEr P"L"::;:1al p-rope:i.ty Ch..',_ :_ "1Jr-r:li..~d ::-.y 'iEJ'r;J;:-:E t: ~"~L::':,.,. ,:ce- pr':d'lC(:d 1'1 \:.cl,<ti.::,:c:: ~'. ,~2-_y int~,:cn:i'::.cr:dl ,:hild l,-'!cor (~c-n\,,<1tl'-:';;S. "',::r-;:',::;;. ~c'llJ :.mrr.c,.j:,,':~' rr':"'1de dn a3.t.-"r;1:1':;.'.-' ':.:'1~L::..:,:,j,': ~cur.::e .::f :,t:.pply. F .~': t:~ ':sn=:CF, t.: c:n::J.'/ ,,:tl~ t::c pr,)-:::. -'-'~.L, --.' '::_;-,':;"1J.d':_LC1_ G1 ,:n:..:- 1='U:;:',:::'; ";'" C:~-:ler .::c '>"-,--r:-in.l':::'<:::~ ::-:' .:1.1\;,,_"" '.,il: b: 'lr'::',j:-:ds :rl~: :',::C:':'''''l1e::t l:-:d .l',;<trd fo::: 1.'T'n;'':-':::1.,f,,' "r -~.:;c.',:: ST ANDARD TERMS AND CONDITIONS TERM CONTRACT WJ:vIBEP. T-N'.;MBER :42595 -lENDeR: OFFICE DEPOT -BCSI:-J E55 SERVICES J;.;'.GE A. Jury Serv::..,:e Fr':;3'l::..H:l. ~tis Ccn~:ract ._ 3~t~!Ct to t~e prcvisi~ns of the C~~CtV'5 crdi~a~ce e~~itlpd Co~tr3c~cr E~~ .C/0~ Cury Se:r'lice ."c";ry Service Prcgram", as c,:::dified In Sectj.:r.s :;.203.;lC thr':::ugh 2.2C3.C?r] .:f :h~ Los Angeles Ccu~ty Cede. E, ~ritten Effiplcjee ~~ry Ser'l~ce pclicy. 1. t;n:'e::;s [.:ntr'J..:t,-::r r:~5 demcnstr;;"te.j tc t::e :CU:1.ty' 5 sati:;f.;.ct.:cr. either that Cc;-.~ra':':>:::: . _ ~-.C;-_ a "Ccr.tractor" ':"".S defined under tl:e J\lry Service Prcgra.m I Secti.::m 2.203.020 of ':.:'-,e CG"j;1t.,; C.::de; (jr tt 1': Cc;'::-:-a':;tcr q~lal:..L.es f:::r an :=:xcepticn to the Juri Service Prc?raTl I:;"'.:t~cr. 2.203.<]7'] ot :--.:-..e (:0;~r..ty Cede) Ccnt:;:-a.=tor shall have i1.r..d adhere tc a writtE:n t:,:licy ':hdt provides that it.s Smployees shall recei'/e from the Cont:ractor, en an annual basiE. nc less than five days of regular pay for actual jury service. This policy may provide that E:llplcjH'S deposit ~ny fees received for such jury service with the Contractor or that the Contractor jeduct frem the Employee's regular pay the fees received for j'lry service. 2, For purposes Cof this Section, "Contractor" means a person, partnership, corporation or other entity which has a contract with the County or a subcontract with a County contractor and has received or will receive an aggregate sum of $50,000 or more in any 12-month period under one or more ccunty contracts or subcontracts. "Employee" means any California resident who It: a full time employee of Contractor. "Full time" means 40 hours or more worked per ',..:eek, or a lesser number of hours if the lesser number is a recognized industry standard and is approv~d as such by the County. If Contractor uses any subcontractor to perform services for the county under th~ Contract, the subcontractor sha.ll also be !iubject to the provisions of rhi.., Section. The provisions of this Section shall be inserted into any such subcontLact agreement ~nd a. copy of the Jury Service Program shall be attached to the agreement. If Contractor is not required to comply with the Jury Service Program when the Contract commences, Contractor shall have a continuing obligation to review the applicability of its "exception ~;tat\l&" from the Jury Service Program, and Contractor shall immediately notify county if Contractor at any time either comes within the Jury Service Program's definition of "Contractor" or if Contractor no longer qualifies for an exception to the Program. In either event, Contrnctor shall immediately implement a written policy consistent with the Jury Service Progr~m The county may also require, at any time during the Contract rtnd at its sole discretion, that Contractor demonstrate to the county's satisfaction that Contractor either continues to remain outside of the Jury 'Service Program's definition of "Contractor" and/or that Contractor continues to qualify for an exception to the Program. " Contractor's v~oldtion of this Section of the contract may constitute a material breach of ~h~ Contract. In the e-,/ent of such material breach, County may, in its sole discretion, terminatl? the Contr.\ct ,lnd/sor b.lr Contractor from the iiWi'1rd of future <:'cunty contracts fer f,,:cio,:l '"" t:..m,~ (>j1',",-,-',.>_,;" "1 ~n lh,~ ':'\c,riou:jn,;:.:;~; of tho brcd,:,h. STANDARD TERMS AND CONDITIONS TERM CONTRACT NUMBER T-NUMSER :42595 'JENDOR: OFFICE DEPOT.BUSINESS SERVICES PAGE 4 PRICE SPECIFIC CONTRACTS AND PURCHASE ORDERS Vendors are entitled to receive payment for goeds received by, or services provided to the County specific to the Contract or Purchase Order price amount. Under no circumstances will those Suppliers, Contractors or Vendors who supply goods or otherwise contract services with the County of Los k,geles be entitled to or paid for expenditures beyond the Contract or Purchase Order amounts. f',,':'E;:':" L ~CF-"'S '."" PRICE SHEET TERM CONTRACT NUMBER T-NUMBER : 42595 VENDOR: OFFICE OEPOT-BUSINESS SERVICES LINE NO COMMODITYISERYICE DESCRIPTION UNIT QUANTITY FROMiTO UNLESS SPECIFIED ELSEWHERE SHIP TO: COUNTY WIDE ??oo1 COMMODITY CODE: 61S-99.{)3S866 BRAND: OFFICE DEpOT OFF1CE SUPPLIES -COMPLETE L1NE- PRICING BASED ON DISCOUNTS OFF MANUFACTURER'S PUBLISHED PRICE LIST/CATALOG AND COST PLUS PERCENTAGES REFERENCE THE EXHIBIT' A' DOCUMENT WITHIN THE MASTER AGREEMENT R)R PRICING TO INCLUDE: GENERAL OFFICE SUPPLIES. PAPER PRODUCTS, TECHNOLOGY PRODUcrS, FURNITURE AND TONER PRODUCTS NaTE: THE FOLLOWING ITEMS ARE EXCLUDED FROM THIS AGREEMENT/CONTRACT R)R THE COUNTY OF LOS ANGELES: PAPER. R)R COPIERS AND PRINTERS COMPUTERS AND COMPUTER PERIPHERALS PHOTOCOPIERS TONER PRODUCTS CAMERAS. ALM AND ACCESSORIES JANITORIAL PRODUCTS FOOD ITEMS REF1lfGERA TORS AUDI().VISUAL ITEMS FURNITURE (PURCHASE OR RENTAL) CLASSROOM SUPPLIES ARTS It CRAFT ITEMS 00002 COMMODITY CODE: 6J5-99-035866 BRAND: OmCE DEPOT OFFICE SUPPUES - CORE LIST OF MOST FREQUENTLY ORDERED ITEMS (MR)I) - PRICING IS FIRM R)R A PERIOD OF ONE (I) YEAR FROM COMMENCEMENT OF AGREEMENT/CONTRAcr PERIOD, REFERENCE THE EXHIBIT 'A' DOCUMENT WITHIN THE MASTER AGREEMENT R)R CORE LIST OF ITEMS AND PRICING, ~snSK. UI"OlUlS ~U! UNIT PRICE PAGE S DISCOUNT OFF CATALOCi PRICE PRICE SHEET TERM CONTRACT NUMBER , 42595 VENDOR, OFFICE DEPOT-BUSINESS SERVICI!S PAGE T-NUMBER , 6 LINE COMMODITY/SERVICE DESCRIPTION QUANTITY UNIT UNIT PRICE DISCOUNT OFF NO, FROMfTO CATALOG PRICE ??oo3 COMMODITY CODE: 615-99-03.5866 BRAND: OFFICE DEPOT CLASSROOM SUPPI.IES - COMPLETE LINE _ PRICING BASED ON DISCOUNT OFF MANUFACTURER'S PUBLISHED PRICE LIST/CATALOG AND COST PLUS PERCENTAGES REFERENCE THE EXHIBIT' A-I' DOCUMENT WITIIIN THE MASTER AGREEMENT FOR PRICING, TO INCLUDE, ART AND CRAFTS PRODUCTS AND CLASSROOM PAPER PRODUCTS 00004 COMMODlTI CODE: 615-99-035866 BRAND:OFACEDEPOT CLASSROOM SUPPUES - CORE LIST OF MOST FREQUENTLY ORDERED ITEMS (MFOI) _ PRICING IS FIRM FOR A PERIOD OF ONE (I) YEAR FROM COMMENCEMENT OF AGREEMENTI CONTRACT PERIOD, REFERENCE THE EXHIBIT 'A-I' DOCUMENT WITIIIN THE MASTER AGREEMENT FOR ITEMS AND PRICING PRICES. TERMS AND CONDITJONS ARE IN ACCORDANCE WITH REQUEST FOR PROPOSAL (RFP) NO, 218955 AND OFFICE DEPOT'S RESPONSE TO RFP NO, 218955, MAIL PURCHASE ORDERS TO: OFFICE DEPOT - BUSINESS SERVICES VENDOR NO, 051258-15 ATTENTION: JEAN DA VIS 6304 WOODSIDE COURT COLUMBIA. MD 21046 (800) 890-4914, EEXT, 3560 FEIN, 59-2663954 RESELLER'S TAX PERMIT NO.1 CERTIFICATE OF REGISTRATION NO.: SR Z OHC 99-801149 , SPIlSM, IMFORMS un PRICE SHEET TERM CONTRACT VENDOR, OFFICE DEPOT-BUSINESS SERVICEs . NUMBER , 42595 PAGE T-NUMBER , 7 LINE COMMODITY/SERVICE DESCRIPTION QUANTITY UNIT UNIT PRICE DISCOUNT OFF NO. FROM/TO CAT ;.LOG PRICE REFERENCE MASTER AGREEMENT NO, 4~95 BY AND BETWEEN THE COUNTY OF LOS ANGELES AND OFF1CE DEPOT FOR OFF1CE AND CUSSRDOM SUPPLIES VENDOR CONTACT FOR LOS ANGELES COUNTY, SAM CISTERNINO (BOO) 488-2018. EXT, 585 ISO - PURCHASING DIVISION CONTACT: MARY WALCOlT (323) 267-2208 PSPRSH, IIlFORMS un INTERNAL SERVICES DEPARTMENT PURCHASING DIVISION MASTER AGREEMENT NO. 42595 BY AND BETWEEN COUNTY OF LOS ANGELES AND OFFICE DEPOT FOR OFFICE AND CLASSROOM SUPPLIES MASTER AGREEMENT BETWEEN COUNTY OF LOS ANGELES AND OFFICE DEPOT , FOR OFFICE AND CLASSROOM SUPPLIES TABLE OF CONTENTS 1.0 PURPOSE.. ....... ,. ... ,..... ..".. ,., ...... ...,'. ,..... ..... .... ... ..... .., ,... ........... ......' ... 1 1.1 Prioritv of Interoretation.... .......... ........................ .............. ..... ......... 1 1.2 Entire Master Aoreement............................................................... 1 2.0 DEFINITIONS...~................ ...... ..... ............ ............ ............ .................... 2 2.1 Dav(sl.......................... ........................ ........... .......................... 2 2.2 Elioibilitv Vendor................. ......................................................... 2 2.3 Fiscal year.......................,............:............................................ 2 2.4 Normal Workino Hours.................................................................. 2 2.5 Master Aoreement......................................................................... 2 3.0 CHANGE NOTICES AND AMENDMENT................................................... 3 3.1 Master Aoreement Chanoes......................,................................... 3 4.0 WORK.................... ........... ...................... ...............,.........................,.. 3 4.1 Non-transferable Resoonsibilitles...................................... ............. 3 4.2 Assionment and Subcontractino....................................................... 3 4.3 Time is of the Essence................................................................... 3 '5.0 TERM OF AGREEMENT.......................................................................... 4 5.1 Term..................................................... ...... ........ .... ........ ........... 4 5.2 Extension................................................. .... .................... ........... 4 6,0 METHOD OF PURCHASE, INVOICING AND PAyMENTS............................ 4 6.1 Purchase Order(sl.................... ............ .................. ..................... 4 6.2 Pricino and Discounts................................................................... 4 6.3 Warrantv and Product Comoliance.................................................. 5 6.4 Invoice and Pavment Terms........................................................... 5 6.5 Product/Eouioment Pricino and Maintenance..................................... 5 6.6 Indeoendent CONTRACTOR Status................................................ 6 7,0 INDEMNIFICATION AND INSURANCE....................................................... 6 7.1 Indemnification............................................................................ 7 7.2 Insurance..... ............... ........... ...... .......... ....................,......... ...... 7 7.3 Liability Insurance.............. ..........,............ ......................... .......... 7 7.4 Failure to Procure Insurance.......................................................... 8 8.0 RECORDS, DOCUMENTS AND AUDITS................................................... 8 8.1 Publicitv...........................................,............................... .......,.. 9 9.0 EMPLOYMENT ELIGIBILITY VERIFiCATION............................................. 9 , 10.0 CAPTIONS AND PARAGRAPH HEADINGS.................................................9 11.0 WAIVER......... ,., '..., ..... '.... '.. .........., ......, ........, ..'... ,.,...". '......... ............. 9 12.0 GOVERNING LAW, JURISDICTION AND VENUE....................................... 10 13.0 SEVERABILITY.. ,.. ... '......... ..: ........... '..., ..........., ........,.. ,.... ,.. .... ..... ....... 10 14,0 HIRING POLICiES................ ....... ...... ........ .......... ........, .......,.... ............. 10 14.1 Prohibition of Hirina........,... ..... ......... '......., ......... .............. ............ 10 15.0 TERMINATION FOR GRATUiTIES........................................................... 10 16.0 TERMINATION FOR INSOLVENCy......................................................... 10 17.0 TERMINATION FOR DEFAUL T............................................................... 11 18.0 TERMINATION FOR CONVENIENCE....................................................... 11 19.0 TERMINATION FOR FAILURE TO OPERATE IN ORDINARY COURSE.......... 12 20.0 COUNTY AUDIT SETTLEMENTS............................................................ 12 21.0 CONFLICT OF INTEREST...................................................................... 12 22.0 FORCE MAJEURE........... ......... ............... ................................. ............ 13 23.0 MOST FAVORED PUBLIC ENTITY.......................................................... 13 24.0 DAMAGE TO COUNTY FACILITIES, BUILDINGS OR GROUNDS.................. 13 25.0 RESTRICTIONS ON LOBByiNG.............................................................. 13 25.1 COUNTY Proiects.. ..................... ............................... ............. ..... 13 26.0 NOTiCES................... ..... ......... ......................... ................................... 13 27,0 AUTHORIZATION WARRANTY............,................................................... 14 28.0 VARIATION OF TERMS.............,..".........................................................14 29.0 CANCELLATION OF ORDERS................................................................ 14 30,0 NON-EXCLUSIVE AGREEMENT.., ............,. ........... ,............... ...,............. 14 31.0 COMPLIANCE WITH APPLICABLE LAW................................................... 14 32.0 FAIR LABOR STANDARDS............................................,........................ 15 33,0 NONDISCRIMINATION AND AFFIRMATIVE ACTION................................... 15 34.0 CONSUMPTION REPORTSIITEM NUMBERS/RESTRICTED PURCHASES.... 16 ii " 35.0 ORDERING REQUiREMENTS.....................,...............,............,............. 16 36.0 PARTICIPATING MUNiCiPALITIES....,............",..,................................... 17 , 37.0 EXCLUSIONS .,......."......,................,,,....,.,...............,.........................,.. 17 AUTHORIZATION OF MASTERAGREEMENT..................................................... 18 EXHBIITS EXHIBIT A - PRICING AND DISCOUNTS EXHIBIT B - VENDOR'S PROPOSAL (Not Attached) EXHIBIT C - COUNTY'S REQUEST FOR PROPOSALS (Not Attached) EXHIBIT D - VENDOR'S EEO CERTIFICATION ill " , I MASTER AGREEMENT BETWEEN COUNTY OF LOS ANGELES AND OFFICE DEPOT , FOR OFFICE AND CLASSROOM SUPPLIES 1,0 PURPOSE This Office and Classroom Supplies Master Agreement (hereafter "Master Agreemenr) is made and entered into by and between the County of Los Angeles (hereafter "COUNTY"), ,and Office Depot (hereafter 'VENDOR"). WHEREAS, COUNTY AND VENDOR agree that VENDOR will offer to provide COUNTY, COUNTY employees and others as more fully described herein with Office and Classroom Supplies (Office Supplies only for COUNTY), hereafter sometimes referred to as the ("Product"). WHEREAS, VENDOR is in the business of selling and supplying Office and Classroom Supplies, and WHEREAS, VENDOR is willing and able to offer, deliver, service and support the Product it offers to, COUNTY departments/divisions., COUNTY offices/organizations, COUNTY employees, and any other entities as set forth herein (hereafter "Customer(s)"). This document, together with the Exhibits identified in Paragraph 1.1 (Priority of Interpretation), defines the scope of this Agreement. 1.1 . Prioritv of Interoretation This document without Exhibits is referred to as the "Base Agreement." The Base Agreement and Exhibit A are attached to and form a part of this Master, Agreement. Exhibits Band C, referenced below but not attached, are hereby incorporated herein by reference. Any reference throughout the Base Agreement and each of its Exhibits to the "Master Agreement" shall, unless the context clearly denotes otherwise, denote the Base Agreement with all Exhibits hereby incorporated. In the event of any conflict or inconsistency in the definition or interpretation of any word, responsibility, schedule, or the contents or description of any task, deliverable, service, or other work, or otherwise, between the Base Agreement and the Exhibits, or between Exhibits, such conflict or inconsistency shall be resolved by giving precedence first to the body of this Master Agreement, and then to the Exhibits according to the following priority: 1. EXHIBIT A - PRICING AND DISCOUNTS 2, EXHIBIT B - VENDOR'S Proposal (Not Attached) 3. EXHIBIT C - COUNTY'S Request for Proposals (RFP/Not Attached) 4. EXHIBiT D - VENDOR's EEO Certification 1.2 Entire Master Aareement This Master Agreement incorporates and supersedes all previous agreements, written and oral, and all prior and contemporaneous communications between the parties, 1 regarding this subject. COUNTY reserves the right to initiate change to any provision of the Master Agreement. All such changes shall be accomplished only by mutual signed Agreements, as provided under the Paragraph 1.2. No change hereto shall be valid unless in the form of a, signed Amendment prepared and approved pursuant to Subparagraph 3.0 (Change Notices and Amendments). 2.0 DEFINITIONS: The following terms shall have the following meaning and use herein. Capitalized terms used in this Master Agreement, not defined in this Paragraph 2.0 shall have the meaning ascribed to them elsewhere in this Master Agreement or in the Exhibits. 2.1 "Davis)" means calendar day(s) unless otherwise specified. 2.2 "Elioible Vendor" identifies a Vendor whose evidences of insurance, as required by Paragraph 7.0 (Indemnification and Insurance), have all been received by the Internal Services Department (ISO) Purchasing Division, as set forth in Section 26.0 (Notices), and are valid and in effect at the time of a given Purchase Order solicitation under this Master Agreement. 2.3 Fiscal Year "Fiscal Year" means the twelve (12) month period begin'ning July 1st and ending June 30th, 2.4 Normal Workino Hours "Normal Working Hours" means one of the followiing work schedules, according to individual COUNTY department policy, excluding COUNTY holidays: A. "5/40" which is normally eight (B) hours per day Monday through Friday ("Working Days"), with starting and ending times departmentally established; B. "9/BO", which is a flexibly arranged nine (9) hours on each of eight Working Days in a given two-week period, plus B hours arranged, per department policy, on the ninth Working Day; or C. "4/40", which is a flexibly arranged ten (10) hours on each of four fixed Working Days each week, with starting and ending times departmentally established. 2.5 Master Aoreement "Master Agreement" means COUNTY's standard agreement entitled "Office and Classroom Supplies Master Agreement," as specified in Paragraph 1.1, copies of which are separately executed between COUNTY and individual Qualified Vendors, and which sets forth the terms and conditions for the provision of Office and Classroom Supplies, Master Agreement to COUNTY. COUNTY shall execute Master Agreements with as 2 ,J I I many vendors as COUNTY deems qualified and appropriate for COUNTY needs. All Master Agreements shall be undertaken with terms of equal duration as set forth in Paragraph 5.0 (Terms of Agreement). Undertaking this Master Agreement does not grant any right to compensation to VENDOR, or to ve~dors in the aggregate. 3.0 CHANGE NOTICES AND AMENDMENTS 3.1 Master Aareernent Chanaes: 3.1.1 For any change which affects the period of performance, payments, or any term condition included in this Master Agreement, a negotiated Amendment to this Master Agreement shall be prepared and executed by COUNTY's Purchasing Agent, or designee and VENDOR"s originally executing Authorized Officials, or designees. 3.1.2 For any change which does not affect the, period of performance, payments, or any rights or obligations of this Master Agreement, a Change Notice shall be prepared and executed by COUNTY's Purchasing Agent, or designee and VENDOR. 4.0 WORK VENDOR shall fully complete and timely deliver, pursuant to standards, requirements, and schedules either presently incorporated in or to be developed hereunder.aIUasks;, deliverables, sub-deliverables, goods, services, and other work as set forth herein and elsewhere hereunder. ' 4.1 , Non-transferable ResDonsibilities u.. __ . _ ______...___ .. No assumption or takeover of any of VENDOR's duties, responsibilities, or obligations, or performance of same by any entity other than VENDOR whether through assignment, subcontract, delegation, merger, buyout, or any other mechanism, with or without consideration, for any reason whatsoever, may occur without COUNTY's express prior written approval. If any such assumption, takeover, or unauthorized performance does occur without such prior written approval, this Agreement will become void for failure of its essential purpose. Such act is therefore a material breach of this Agreement, upon which COUNTY may pursue any lawful remedy. 4.2 Assianment and Subcontractina VENDOR shall not assign its rights, delegate its duties or subcontract any performance of our Agreement without the express prior written consent of COUNTY. Any assignment, delegation or subcontract without such express prior written consent shall be null and void and shall constitute a material breach of this Agreement, upon which COUNTY may immediately terminate the Agreement in accordance with the provisions of paragraph 17.0 (TERMINATION BY DEFAULT). 4,3 Time is of the Essence 3 Time is of the Essence. If any anticipated or actual delays arise, VENDOR shall immediately so notify COUNTY. Regardless of notice if deliveries are not made at the time agreed upon, COUNTY may, at its sole discretion, terminate this Agreement and proceed pursuant to Paragraph 17,0 (TERMINATION BY DEFAULT). 5.0 TERM OF AGREEMENT 5.1 Term This Master Agreement shall go into effect for a four (4) year period effective January 2, 2006 as indicated on the signature page hereof and shall expire at the.close of COUNTY business on January 1, 2010, unless sooner terminated, in whole or in part, as provided herein. 5.2 Extension 5.2.1 The COUNTY's Purchasing Agent may exercise the option to extend the Master Agreement period for two (2) additional twelve (12) month periods as set forth in Paragraph 3.0 (Change Notices and Amendments), of this Master Agreement. 5.2.2 COUNTY shall notify VENDOR of any determination to extend this Agreement no less than thirty (30) days prior to the beginning of this releyant option year. 6.0 METHOD OF PURCHASE, INVOICING AND PAYMENTS 6.1 Purchase Order(s) -- - 6.1.1 COUNTY shall purchase the items listed herein by issuance of a formal purchase order. Such purchase order shall contain the terms and conditions applicable for that purchase, notwithstanding anything herein to the contrary. The purchase order, as specifically noted, shall govern and control the applicable purchase. Preprinted additional or different terms and conditions on the purchase order will be of no force or effect. . "---'-. .~.._.-.--_..- . .- -- ---.,.. -- ,- - .-. -- --- -,._- 6.1.2 VENDOR shall not deliver products and/or goods to COUNTY as loaner equipment or for trial unless and until a "No Charge" purChase order and loan agreement is received by VENDOR from COUNTY's ISD - Purchasing Division. 6.2 Prices. Discounts and Chances 6.2.1 Vendor agrees for the period of this Agreement that prices for products covered herein will be based on a Discount from Manufacturers' current published price lists or Cost Plus Percentage, except for those identified in EXHIBITS A and A-1 as Core Products. Price changes (increases) from price lists will be allowed only on a semi-annual basis on January 1 II and July 1 II of each contracting year. 6,2.2 Vendor shall advise the Los Angeles County ISO Purchasing Division in writing of any proposed price increases or manufacturer's discount structure changes, identifying Agreement by number, providing a copy of the proposed price list and/or acceptable evidence of change in manufacturers discount structure. VENDOR will be responsible for furnishing and delivering approved price lists to all County departments and other participating government entities. It also shall be VENDOR's responsibility to keep COUNTY and participating government entities informed of any other changes. 4 / I I Unless otHerwise qualified, revisions shall be effective on the seventh (7) business day after such notification and receipt thereoL__ Upward revisions shalL be _ subject to acceptance by COUNTY. 6,2,3 If an increase in price is determined not to be acceptable by COUNTY, VENDOR wilt be obligated to furnish the ordered products at the previous price(s). 6.2.4 COUNTY reserves the right to review discount structures at the end of the initial twelve (12) months of the proposed Agreement and amend same if such is in the best interest of the COUNTY. A primary consideration will be the then current annual dollar volume as opposed to the original dollar-estimateoLthe Agreemer:lt.(includingvolumegenerated_" by all participating agencies). 6.2.5 Notwithstanding anything herein to the contrary for thirty (30) days from date of delivery to Customer, should Customer find a lower price, offered in Southern California, for the same product, payment terms, quantity and delivery terms and conditions set forth In the applicable purchase order and this Agreement, VENDOR shall, upon presentation of authentic, (e.g., sales invoice, advertisement(s) proof of such, immediately refund the difference to Customer. This paragraph shall not apply to special and/or one-time offers, liquidation sales and discounted product(s). Further, COUNTY contract VENDORS and non-authorized resellers where required by the manufacturers, are excluded. 6.3 Warranty and Product Comoliance 6.3,1 All equipment provided to COUNTY must be brand new, unused, and be approved by ,either U.L., L.A. City Testing Lab, Factory Mutual Corp, or ETL testing labs. , Further, equipment provided to COUNTY shall meet other such standards as the COUNTY may require. 6.4 Invoices and Pavment Terms 6.4.1 In no event shall the COUNTY be liable for any late fees or charges. 6,4.2 Invoices shall bear upon their face the Purchase Order number which appears in the upper right-hand corner hereof. Invoices must state what they cover, as the case may be, complete or partial delivery, and must show unit and unit prices. Invoices will not be paid unless and until the requirements have been fully met. When price shown is a delivered price, all transportation and delivery charges must be prepared in full to destination. 6.4,3 Unless otherwise set forth on the applicable purchase order, payment terms are net thirty (30) days from receipt of a properly prepared and submitted invoice. Invoices shall only be issued after COUNTY's acceptance of the goods and/or products. Discounts shall be set forth herein. 6,5 Product Pricino and Maintenance 6.5.1 VENDOR will be solely responsible for the maintenance of the Agreement and will document all additions, deletions, manufacturers' discontinuances of products, and all associated variables, including pricing revisions. Any changes, substitutions, additions, 5 deletions and/or pricing revisions must be reviewed and approved by the COUNTY and VENDOR in writing.prior to any inclusion toJl1e Agreement. _ _ _ _ .___ 6.5.2 COUNTY"s Purchasing Agent designee will notify VENDOR in writing of formal approval within seven (7) days after VENDOR submittal of any change to the catalogs. 6,5.3 Said notification and approval shall be binding upon the COUNTY and VENDOR. Upon such approval the Agreement shall be deemed to be amended to include such Changes. All documentation and formal approvals and revised copies of the effected Agreement page(s) reflecting current release revisions will be submitted to: COUNTY OF LOS ANGELES Internal Services Department Purchasing Division 1100 N. Eastern Avenue, Room G115 Los Angeles, CA 90063 Attn: Mary Walcott, Purchasing & Contracts Analyst" 6.5.4 COUNTY'S Purchasing Agent designee will notify VENDOR of acceptance of any and all catalog revisions prior to any purchases. Notification shall be sent to: - __ _____ ___ _0.. ~_ __ __.... "___ ____ ________ __.____ ___.. Office Depot Business Services Division 13405 Kildare Place Bradenton, FL 34202 Attn: David Swanstrom, Director of Local Government Services 6.5.5 Catalogs shall have complete descriptions of each item. 6.6 Independent CONTRACTOR Status 6.6.1 This Master Agreement is by and between COUNTY and VENDOR and is not intended, and shall not be construed, to create the relationship of agent, servant, employee, partnership, joint venture, or association, as between COUNTY and VENDOR. The employees and agents of one party are not the employees or agents of the other party for any purpose whatsoever. 6.6.2 VENDOR understands and agrees that all persons performing work pursuant to this Master Agreement are, for purposes of worker's compensation liability, solely employees of VENDOR and not employees of COUNTY. VENDOR shall be solely liable and responsible for furnishing any and all workers' compensation benefits to any person as a result of any injuries arising from or connected with any work performed by or on behalf of VENDOR hereunder. 6.6.3. The employees and agents of each party, shall while on the premises of the other party, comply with all rules and regulations of the premises, including, but not limited to, security and requirements. 7.0 INDEMNIFICATION AND INSURANCE 6 ,J 7.1 Indemnification VENDOR agrees to indemnify, defend and hold harmless COUNTY, COUNTY Special Districts, and Participating Govemment entities and their elected and appointed officers, employees, and agents, from and against any and :all liability and expense, including defense costs and legal fees, arising from or connected with claims and lawsuits connected with VENDOR's operations, goods and/or commodities or services provided hereunder as well as for damage or workers' compensation benefrts relating to VENDOR's and its subcontractors operations and services, which result from bodily and/or personal injury, death, or property damage (including physical damage to VENDOR's and its subcontractors' property, or property in the care, custody, or control of VENDOR and/or its subcontractor(s). This indemnity shall include, but not be limited to claims for or by reason of any actual or alleged infringement of any United States patent or copyright or any actual or alleged trade secret disclosure. 7.2 Insurance Without limiting VENDOR's indemnification of COUNTY, and during the tenn of this Agreement, VENDOR shall provide and maintain at its own expense the below- described programs of insurance. Such programs and evidence of insurance shall be satisfactory to COUNTY and shall be primary to and not contributing with any other insurance maintained by COUNTY. Certificates or other evidence of coverage shall be delivered to: County of Los Angeles Internal Services Department Purchasing Division 1100 N. Eastern Avenue, Room G115 Los Angeles, CA 90063 Attn: Mary Walcott, Purchasing & Contracts Analysts II Prior to commencing performance under this Agreement, shall soecificallv Identify this Aoreement. and shall contain the express condition that COUNTY is to be given written notice by certified mall at least thirty (30) days in advance of any modification or termination of insurance. 7,3 Liability Insurance 7.3.1 Any and all insurance described below shall be endorsed namino the County of Los Anoeles as an additional insured, and shall include: 7.3.2 General liability insurance written on a commercial general liability fonn or on a comprehensive general liability form covering the hazards of premises/operations, products/completed operations, contractual, broad fonn property damage, independent contractors, and personal and advertising injury with a combined single limit of not less than One Million Dollars ($1,000,000) per occurrence. A. If written with an annual aggregate limit, the policy limit shall be three times the above required occurrence limit. 7 B. If written on a claims made form, the VENDOR shall provide an extended two (2) year reporting p,eriod commencing upon expiration or termination of this Agreement. 7.3.3 Comprehensive Auto liability insurance endorsed for all owned, non-owned and hired vehicles with a combined single limit of not less than Three Hundred Thousand Dollars ($300,000) per occurrence, ' 7.3.4 A program of Workers' Compensation insurance in an amount and form to meet all applicable requirements of the California Labor Code including employer's liability with a limit no less than One Million Dollars ($1,000,000), covering all persons performing work on behalf of VENDOR and all risks to such persons under this Agreement. 7.3.5 Crime Coveraae: Insurance in an amount not less than $1,000,000 covering against loss of money, securities, or other property referred to hereunder which may result from employee dishonesty, forgery or alteration, theft, disappearance and destruction, computer fraud, burglary and robbery. Such insurance shall name COUNTY as loss payee. 7.4 Failure to Procure Insurance Failure on the part of VENDOR to ,obtain and mairitain all required insurance coverage is a material breach upon which COUNTY may, in its sole discretion, immediately suspend VENDOR's performance or terminate this Agreement. 8.0 RECORDS, DOCUMENTS AND AUDITS VENDOR shall maintain accurate and complete financial records of its actMtles and operations relating to this Agreement in accordance with generally accepted accounting principles. VENDOR shall also maintain accurate and complete employment and other records relating t!J its performance of this Agreement. VENDOR agrees that COUNTY, or its authorized representatives, shall have access to and the right to examine, audit, excerpt, copy or transcribe any pertinent transaction, activity, or records relating to this Agreement. All financial records, timecards and other employment records, and proprietary data and information, shall be kept and maintained by VENDOR and shall be made available to COUNTY during the terms of this Agreement and for a period of four (4) years thereafter unless COUNTY's written permission is given to dispose of any such material prior to such time. All such material shall be maintained by VENDOR at a location in Los Angeles County, provided that if any such material is located outside Los Angeles County, then, at COUNTY's option, VENDOR shall pay COUNTY for travel, per diem, and other costs incurred by COUNTY to examine, audit, excerpt, copy or transcribe such material at such other location. In the event that an audit is conducted of VENDOR specifically regarding this Agreement by any Federal or State auditor, or by any auditor or accountant employed by VENDOR or otherwise, then VENDOR shall file a copy of the audit report with COUNTY's Auditor- Controller within thirty (30) days of VENDOR's receipt thereof, unless otherwise provided by applicable Federal or State law or under this Agreement. COUNTY shall make a reasonable effort to maintain the confidentiality of such audit report(s). 8 ,J Failure on the part of VENDOR to comply with the prpvisions of this Paragraph 8.0 shall constitute a material breach upon which COUNTY may terminate or suspend this Agreement. 8,1, Publicitv VENDOR shall not disclose any details in connection with this Agreement to any person or entity except as may be otherwise provided herein or required by law. However, in recognizing VENDOR' need to identify its services and related clients to sustain itself, COUNTY shall not inhibit VENDOR from publishing its role under this Agreement, with the following conditions: A. VENDOR shall develop all publicity material in a professional manner. B. During the term of this Agreement, VENDOR shall neither, authorize another to, nor publish or disseminate any commercial advertisements, press release, feature articles, or other materials using the name of COUNTY without the prior written consent of COUNTY's Purchasing Agent. COUNTY shall not unreasonably withhold written consent, and approval by COUNTY may be assumed in the event no adverse comments are received in writing within two (2) weeks after submittal of written request for such consent. C. VENDOR may, without the prior written consent of COUNTY, indicate in its proposals and sales materials that it has been awarded this Agreement with the County of Los Angeles, provided that the requirements of this Paragraph 8.0 shall apply. ..., "'--.---., 9.0 EMPLOYMENT ELIGIBILITY VERIFICATION VENDOR warrants that it fully complies with all Federal statutes and regulations regarding the employment of aliens and others and that all its employees performing work under this Master Agreement meet the citizenship or alien status requirements set forth in Federal statutes and regulations. VENDOR shall indemnify, defend, and hold harmless COUNTY, its officers, participating government agencies and employees from and against any emptier sanctions and any other liability which may be assessed against VENDOR or COUNTY in connection with any alleged violation of any Federal statutes or regulations pertaining to the eligibility for employment of any persons performing work hereunder. 10.0 CAPTIONS AND PARAGRAPH HEADINGS Captions and paragraph headings used in this Master Agreement are for convenience only and are not a part of this Master Agreement and shall not be used in construing this Master Agreement. 11.0 WAIVER No waiver by either party of any breach of any provision of this Master Agreement shall constitute a waiver of any other breach or of such provision. Failure of either party to enforce at any time, or from time to time, any provision of this Master Agreement shall not be construed as a waiver thereof. The rights and remedies set forth in this Paragraph 11.0 are non-exclusive and cumulative. 9 12.0 GOVERNING LAW, JURISDICTION AND VENUE This Master Agreement shall be governed by, and construed in accordance with, the laws of the State of California. VENDOR agrees and consents to the exclusive jurisdiction of the courts of the State of California for all purposes regarding this Master Agreement and further agrees and consents that venue of any action brought hereunder shall be exclusively in the County of Los Angeles, California. 13.0 SEVERABILITY If any provision of this Master Agreement or the application thereof to any person or circumstances is held invaiid,-thii--remaiii'dercrthis Mas'fer Agreement and the' application of such provision to other persons or circumstances shall not be affected, unless the essential purposes of this Master Agreement shall be materially impaired thereby. 14.0 HIRING POLICIES 14.1 Prohibition of Hirina VENDOR, and COUNTY agree that, during the term of this Agreement and for a period of six (6) months following its termination; neither 'party shall in any way induce or persuade any employee of one party to become an' employee or agent of the other party. No bar exists to any hiring initiated through a public announcement. 15.0 TERMINATION FOR GRATUITIES COUNTY may, /;)y written notices to VENDOR, terminate the right of VENDOR to proceed under this Master Agreement upon one (1) day's written notice, if it is found that gratuities in the form of entertainment, gifts, or otherwise were offered or given by, or any agent or representative of VENDOR, to any officer or employee of COUNTY with a view toward securing a contract or securing favorable treatment with respect to the awarding or amelnding, or the making of any determinations with respects to the performing, of such contract. In the event of such'te'rmination, COUNTY shall be entitled to pursue the same remedies against VENDOR as it could pursue in the event of default by VENDOR. 16.0 TERMINATION FOR INSOLVENCY COUNTY may terminate this Master Agreement forthwith in the event of the occurrence of any of the following: A. Insolvency of VENDOR. VENDOR shall be deemed to be insolvent if it has ceased to pay its debts for at least sixty (60) days in the ordinary course of business, whether or not a petition has been filed under the Federal Bankruptcy Code and whether or not VENDOR is insolvent within the meaning of such laws. 10 I I I B. The filing of a voluntary or involuntary petition' regarding VENDOR (maer the Federal Bankruptcy Code. C, The appointment of a Receiver or Trustee for VENDOR. D. The execution by VENDOR of a general assignment for the benefit of creditors, The rights and remedies of COUNTY provided in this Paragraph 16.0 shall not be exclusive and are in addition to any other rights and remedies provided by law or under this Master Agreement. 17,0 TERMINATION FOR DEFAULT COUNTY may, by written notice to VENDOR, terminate the whole or any part of this Master Agreement if, in the,judgment of COUNTY's Purchasing Agent: A. VENDOR has materially breached this Master Agreement as elsewhere provided herein: or B. VENDOR fails to timely provide and/or satisfactorily perform any task, deliverable, service, or other work required under this Master Agreement hereunder; or C. VENDOR has assigned or delegated its duties or subcontracted any performance of this Agreement without prior written consent by COUNTY as elsewhere provided. , VENDOR shall not be liable for any excess costs If its -failur-e- to perform under this Master Agreement, arises from force majeure, Le., causes beyond the control and without the fault or negligence of VENDOR. If the failure to perform is caused by the default of a subcontractor, and If such default arises out of causes beyond the control of both VENDOR and subcontractor, and without the fault or negligence of either, VENDOR shall not be liable for any such excess costs for failure to perform, unless the goods or services to be furnished by the subcontractor were obtainable from other sources in sufficient time to permit VENDOR to meet the requirements. As used.,in thill subparagraph the terms "subcontractor" and "subcontractors" mean ,subcontractor(s) at any tier. If, after COUNTY has given notice of termination under the provisions of the Paragraph 17.0, it is determined by COUNTY that VENDOR was not in default under these provisions, or that the default was excusable under these provisions, the rights and obligations of the parties shall be the same as if the notice of termination had been issued pursuant to Paragraph 18.0 (Termination for Convenience). The rights and remedies of COUNTY provided in this Paragraph 17,0 are non-exclusive and cumulalive. 18.0 TERMINATION FOR CONVENIENCE This Master Agreement, may be terminated, when such action is deemed by COUNTY to be in its best interest. Termination shall be effected by delivery to VENDOR of a notice of termination specifying the extent to which perfonnance of Agreement is 11 terminated and the date upon which such termination becomes effective, which shall be no less than ten (10) days after the notice is sent. After receipt of a notice of termination, VENDOR shall submit its termination claim and invoice to COUNTY, in the form and with any certifications as may be prescribed by COUNTY. Such claim and invoice shall be submitted promptly, but not later than three months from the effective date of termination. Upon failure of VENDOR to submit its termination claim and invoice within the time allowed, COUNTY may determine on the basis of information available to COUNTY, the amount if any, due to VENDOR in respect to the termination, and such determination shall be final. When such determination is-._ made, COUNTY shall pay VENDOR the amount so determined. VENDOR shall honor purchase orders accepted on or before the effective date of termination. 19.0 TERMINATION FOR FAILURE TO OPERATE IN ORDINARY COURSE VENDOR's stability was and/is a primary basis for entering into and continuing with this Agreement, therefore, COUNTY may terminate this Agreement by thirty (30) days written notice should vendor fail to continue to do business in the ordinary course. 20.0 COUNTY AUDIT SETTLEMENTS If, at any time during or after the term of this Master Agreement, representatives of COUNTY conduct an audit of VENDOR regarding the work performed under this Master Agreement, and if such audit finds that COUNTY's dollar liability for any such work is less than payments made by COUNTY to VENDOR, then the difference shall be either repaid by VENDOR to COUNTY by cash payment upon demand or, at the sole option of COUNTY, deducted from any amounts due to VENDOR from COUNTY. If such audit finds that COUNTY's dollar liability for such work is more than the payments made by COUNTY to VENDOR, then the difference shall be paid to VENDOR by COUNTY by cash payment., 21.0 CONFLICT OF INTEREST No COUNTY employee whose position with COUNTY enables such employee to influence the award or conduct of this Master Agreement, and no spouse or economic dependent of such employee, shall be employed in any capacity by VENDOR or have any other direct or indirect financial interest in this Master Agreement. No officer or employee of, nor any individual possessing any direct or indirect financial interest in, VENDOR, may in any way participate in COUNTY's approval, or ongoing evaluation, of such work, or in any way attempt to influence COUNTY's approval or ongoing evaluation of such work. VENDOR shall comply with all conflict of interest laws, ordinances and regulations now in effect or hereafter to be enacted during the term of this Master Agreement. VENDOR warrants that it is not now aware of any facts which create a conflict of interest. If VENDOR hereafter becomes aware of any facts which might reasonably be expected to create a conflict of interest, it shall immediately make full written disclosure of such facts to COUNTY. Full written disclosure shall include, but is not limited to, identification of all persons implicated and a complete description of all relevant circumstances. 12 I 22.0 FORCE MAJEURE Neither party will be liable for delays in performance beyond reasonable control, including, but not limited to, fire, flood, acts of God, or restriction of civil or military authority. 23,0 MOST FAVORED PUBLIC ENTITY VENDOR represents that the price charged to COUNTY in this Agreement do not exceed existing selling prices to other customers for the same or substantially similar items or services for comparable quantities under similar terms and conditions. If VENDOR'S prices decline, or should VENDOR, at any time during the term of this Master Agreement, provide the same goods or services under similar quantity and delivery conditions to the State of Califomia or any county, municipality or district of the State at prices below those set forth in this Master Agreement, then such lower prices shall be immediately extended to COUNTY. 24.0 DAMAGE TO COUNTY FACILITIES, BUILDING OR GROUNDS VENDOR shall repair, or cause to be repaired, at its own cost, any and all damage to COUNTY facilities, buildings, or grounds caused by VENDOR or employees, subcontractors or agents of VENDOR. Such repairs shall be made immediately after VENDOR has become aware of such damage, but in no event later than thirty (30) days after the occurren,ce. . If VENDOR fails to make timely repairs, COUNTY may make-any-necessaryrepairs. All costs incurred by COUNTY, as determined by COUNTY, as determined by COUNTY, for such repairs shall be repaid by VENDOR by cash payment upon demand or COUNTY may deduct such cost from any amounts due to VENDOR from COUNTY. 25.0 RESTRICTION ON LOBBYING 25.1 COUNTY Proiects VENDORS, and each COUNTY lobbyist or COUNTY lobbying firm as defined in COUNTY Code Section 2.160.010 retained by VENDORS, shall fully comply with COUNTY's Lobbyist Ordinance, COUNTY Code Chapter 2.160. Failure on-the part of. VENDOR or any COUNTY lobbyist or COUNTY lobbying firm retained by VENDOR to fully comply with COUNTY's Lobbyist Ordinance shall constitute a material breach of this Agreement, upon which COUNTY may immediately terminate or suspend this Agreement. 26,0 NOTICES All notices or demands required or permitted to be given or made under this Agreement shall be in writing and shall be hand-delivered with signed receipt or mailed by first-class registered or certified mail, postage prepaid, addressed to the parties at the following addressee: 13 If to COUNTY: If to VENDOR: County of Los Angeles Internal Services Department' Purchasing Division 1100 N. Eastem Avenue, Room G115 Los'Angeles, CA 90063 Altn: Mary Waicolt, Purchasing & Contracts Analyst II Office Depot Business Services Division 13405 Kildare Place Bradenton, FL 34202 Altn: David Swanstrom, Director of Local Government Services Addresses may be changed upon ten (10) days prior written notice. 27.0 AUTHORIZATION WARRANTY VENDOR represents and warrants that the person executing this Agreement for VENDOR is an authorized agent who has actual authority to bind VENDOR to each and every term, condition and obligation of this Agreement and that all requirements of VENDOR have been fulfilled to provide such actual authority. 28.0 VARIATION OF TERMS The parties here~o agree that the terms and conditions contained herein shall prevail notwithstanding any variations on any acknowledgements, invoices or such other documents submitted by VENDOR.' Any addendum hereto shall become binding upon the parties only after signature by authorized representatives of both parties. 29.0 CANCELLATION OF ORDERS COUNTY may cancel any purchase order with respect to any Supplies or Product ordered without incurring any cancellation charges by giving VENDOR notice of such cancellation at least ten (10) days prior to the scheduled delivery date specified in COUNTY's order. 30.0 NON-EXCLUSIVITY This Agreement is non-exclusive and shall not in any way preclude COUNTY from entering into similar agreement and/or arrangements with other vendors or from acquiring similar, equal or like goods and/or services from other entities or sources. COUNTY makes no representation that it or any governmental entity will purchase any minimum quantities or dollar amounts. 31,0 Compliance with Applicable Law 14 I , I VENDOR. shall comply with all applicable Federal, State and local raws, rules, regulations, and ordinances, and all provisions required thereby to be included in this Master Agreement are hereby incorporated herein by reference. VENDOR warrants that the products shipped may, be used in a customary manner without violation of any law, ordinance, rule or regulation of any government or administrative body. These laws, ordinances, rules or regulations include, but are not limited to, CAUOSHA and County Code Title 27 and Ordinance No. 4388 (electrical approval) and are incorporated. herein by reference. VENDOR shall indemnify and hold harmless COUNTY from and against any and all liability, damages, costs, and expenses, including, but not limited to, defense costs and attorneys' fees, arising from or related to any violation on the part of VENDOR, its employees, agents, or subcontractors of any such laws, rules, regulations, and ordinances. 32.0 Fair Labor Standards VENDOR shall comply with all applicable provisions of the Federal Fair Labor Standards Act (FLSA), and shall indemnify, defend, and hold harmless COUNTY, its officers, employees, and agents from any and all liability, inCluding, but not limited to, wages, overtime pay, liquidated damages, penalties, court costs, and attorneys' fees arising under any wage and hour law, including, but not limited to, FLSA, for work performed by VENDOR's employees for which COUNTY may be found jointly or solely liable. 33.0 Nondiscrimination and Affirmative Action , VENDOR certifies and agrees ,that all persons employed. by.Jt, its_affiliates..subsldJaries or holding cOmpanies are 'and WiI11le treated equany-wittroanegan:Mcror"becauS8'of race, color, religion, ancestry, national origin, sex, age, or physical or mental handicap, in compliance with all applicable Federal and State anti-discrimination laws and regulations. , VENDOR shall certify to, and comply with, the provisions of Exhibit A (VENDOR'S EEO Certification). VENDOR shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to race, color, religion, ancestry, national origin, sex, age, or physical or mental handicap, in compliance with all applicable Federal and State anti-discrimination laws and regulations. Such action shall include, but is not limited to: employment, ugrading.. demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay other forms of compensation, and selection for training, including apprenticeship. VENDOR certifies and agrees that it will deal with its subcontractors, bidders or vendors without regard to or because of race, color, religion, ancestry, national origin, sex, age, or physical or mental handicap. VENDOR certifies that it is in compliance with all federal, state, and local laws, including, but not limited to: A. Title VI. Civil Rights Act of 1964; B. Section 504, Rehabilitation Act of 1973; C. Age Discrimination Act of 1975; 15 D, Title IX, Education Amendments of 1973, as applicable; and E. Title 43, Part 17, Code of Federal Regulations, Subparts A & B; And that VENDOR shall qubject no person, on the grounds of race, creed, color, national origin, political affiliation, marital status, sex, age, or handicap, to discrimination as to any privileges or uses granted by this Agreement or under any project, program or activity supported by this Agreement. VENDOR shall allow COUNTY representatives access to its employment records during regular business hours to verify compliance with the provisions of this Paragraph 33.0 when so requested by COUNTY. If COUNTY finds that any of the provisions of this Paragraph 33.0 have been violated, such violation shall constitute a material breach of this Agreement upon which COUNTY may terminate or suspend this Agreement. While COUNTY reserves the right to determine independently that the anti-discrimination provisions of this Agreement have been violated, in addition, a determination by the California Fair Employment Practices Commission or the Federal Equal Employment Opportunity Commission that VENDOR has violated State or Federal anti-discrimination laws or regulations shall constitute a finding by CO UNTY that VENDOR has violated the anti-discrimination provisions of this Agreement. The parties agree that in the event VENDOR violates the anti-discrimination provisions of this Agreement, COUNTY shall, at its option, De entitled to the sum of Five Hundred Dollars ($500) for each such violation pursuant to California Civil Code Section 1671 as liquidated damages in lieu of terminating or suspending this Agreement. 34.0 CONSUMPTION REPORTS/ITEM NUMBERS/RESTRICTED PURCHASES Each COUNTY department procurement office and participating agency is to be assigned a customer number to be used in identifying each sale and proper billing address. VENDOR is required to furnish to the COUNTY'S Internal Services Department (ISO) - Purchasing Division, monthly computer based usage reports, of purchases separated by individual COUNTY departments, and/or delivery locations, and employee purchases, listing quantities of separate items purchased and total dollars expended. Usage reports listing items in alphabetical order and descending dollar volume order must also be furnished. VENDOR must provide any other usage reports that COUNTY departments or participating agencies may require for their internal controls. Computer generated requests for restricted items shall cause a message (on screen or verbally as appropriate) informing requestor of such restriction. 35.0 ORDERING REQUIREMENTS VENDOR shall provide the ability for unlimited amount of users to order via on-line communication with the vendor's computer system by COUNTY-owned PC/CRT terminals and printers, or by FAX, telephone, direct mail or walk-in orders. 16 ,J VENDOR shall design an Input Screen/Order Form to be used on all orders (which may be supported by normal COUNTY Purchase Order Form). Cost of input form creation, programming, future changes or modifications, and maintenance shall be exclusively for VENDOR'S account. ' ' 36,0 PARTICIPATING MUNICIPALITIES The COUNTY has designated U.S. Communities Purchasing and Finance Agency (U.S. Communities) as the agency to provide administrative services related to purchases by other governmental entities (Participating Public Agencies) under this Agreement. At COUNTY'S sole discretion and option, and upon VENDOR entering into the requisite U.S. Communities Administration Agreement, Participating Public Agencies may acquire items listed in this Agreement. Such acquisition(s) shall be at the prices stated in this Agreement, or lower. In no event shall COUNTY be considered a dealer, remarketer, agent or representative of VENDOR. 37.0 EXCLUSIONS: The following items are excluded from purchase by the County of Los Angeles: Classroom Supplies (including Artii &- Crafts), Paper, Computers&-Computer -- Peripherals. Cameras, Film & Accessories, Photocopiers, Toner Products, Janitorial Equipment & Supplies, Food Products, Refrigerators, Audio-Visual Equipment & Supplies and Fumiture. _.___ __ ______.__ _0___- 17 AUTHORIZATION OF MASTER AGREEMENT BY AND BETWEEN COUNTY OF LOS ANGELES AND OFFICE DEPOT FOR OFFICE AND CLASSROOM SUPPLIES IN WITNESS WHEREOF, the County of Los Angeles has caused this Agreement to be subscribed by its Purchasing Agent and VENDOR has caused this Agreement to be subscribed in its behalf by its duly authorized officer, this 2nd day of January, 2006. COUNTY OF LOS ANGELES fJ~ By Name: Title: Purchasinq Aqent Desiqnee VENDOR 6 By: C f Name: ~06B'1.'" Q"7ttJl'\ U .1>. lSGt Title: Reviewed and approved as to form and legality by: Office Depot Legal Departme~l1/ Attorney I Paralegal: Date: II 18 EXHIBIT A OFFICE SUPPLIES PRICING AND DISCOUNTS All in-stock items shown in the Office Depot General Line Catalogs and United Business Products Catalogs shall be priced at the following Discounts from the Manufacturer's list price, Cost Plus Percentage or at the prices as referenced in the attached spreadsheets (Core Products). Note: LL stands for Mfg, List Price Less, GP stands for Gross Profit and GM stands for Gross Margin, TONER ITEMS: Discount allowed from Supplier Catalog: LL 45% w/15% GP floor Discount allowed from Wholesale Catalog: LL 10% FURNITURE: Discount allowed from Supplier Catalog: LL 45% w/15% GP floor Discount allowed from Wholesale Catalog: LL 10% GENERAL OFFICE SUPPLIES: Discount allowed from Supplier Catalog: LL 45% w/15% GP floor Discount allowed from Wholesale Catalog: LL 10% Discount allowed for General Office and Stationery LL 70% w/15% GP floor Supplies-Most Frequently Ordered Items (MFOI) TECHNOLOGY PRODUCTS: Cost Plus Percentage allowed from Supplier Catalog: Cost Plus 13 GM Cost Plus Percentage allowed from Wholesale Catalog: Cost Plus 22 GM Cost Plus Percentage allowed for MFOI General Office Cost Plus 13 GM and Stationery Supplies PAPER PRODUCTS: Cost Plus Percentage allowed from Supplier Catalog: Cost Plus 17 GM Cost Plus Percentage allowed from Wholesale Catalog: Cost Plus 25 GM Cost Plus Percentage allowed for MFOI General Office Cost Plus 17 GM and Stationery Supplies CATALOG PRODUCTS MARKED M AND S: Discounts allowed for products in Catalogs marked M and S: LL 10% CORE PRODUCTS: Fixed Price Note: Office Paper Products prices will float based upon market costs. All other Office Supply Products prices are firm for the first twelve (12) months of the Agreement. EXHIBIT A - 4 CLASSROOM SUPPLIES PRICING AND DISCOUNTS ALTERNATE OPTION Exhibit A-4 may be used as an alternate pricing option in place of Exhibit A-1, All items shown on the Office Depot Web site shall be priced at the following Discounts or at the prices as referenced in the attached spreadsheets (Core Products), Note: WL stands for Office Depot Web price Less. GP stands for Gross Profit and GM stands for Gross Margin, CLASSROOM SUPPLIES: Discount allowed from Web Site: Discount allowed from Wholesale Catalog: WL 10% WL 10% ARTS AND CRAFTS: Discount allowed from Web Site: Discount allowed from Wholesale Catalog: WL 10% WL 10% PAPER PRODUCTS: Cost Plus Percentage allowed from Web Site: Cost Plus Percentage allowed from Wholesale Catalog: WL 10% WL 10% CORE PRODUCTS: Fixed Price Note: Classroom Paper Products prices will float based upon market costs. All other Classroom Products prices are firm for the first twelve (12) months of the Agreement. EXHIBIT A - 5 Additional Services CODY and Print Services Copy and Print Services Retail - 15% Promotional Products Promotional Products Promotional Catalog - 5% * * Additional fees will apply for imprinting and shipping EXHIBIT B VENDOR'S PROPOSAL (VENDOR's proposal is not attached hereto,) (The Vendor's proposal is incorporated herein.) EXHIBIT C COUNTY'S REQUEST FOR PROPOSALS (RFPI (County's Request for Proposal is not attached hereto.) (The County's Request for Proposal is incorporated herein.) EXHIBIT D VENDOR'S EEO CERTIFICATION Address Sq - d.lP & - J q Sl-t Intemal Revenue Service Employer Identification Number GENERAL CERTIFICATION In accordance with Section 4.32.010 of the Code of the County of Los Angeles, the Contractor, supplier, or vendor certifies and agrees that all persons employed by such firm, its affiliates, subsidiaries, or holding companies are and will be treated equally by the firm without regard to or because of race, religion. Ancestry, national origin, or sex and in compliance with all antI- discrimination laws of the United States of America and the State of California. VENDOR'S SPECIFIC CERTIFICATIONS 1. The Vendor has a written policy statement prohibiting discrimination in all phases of employment. 2. The Vendor periodically conducts a self analysis or utilization analysis of its work force. 3. The Vendor has a system for determining if its employment practices are discriminatory against protected groups. Where problem areas are identified in employment practices, the Vendor has a system for taking reasonable corrective action, to include establishment of goals or timetables. ~~7 CE(r~ Name and title of signer sdf~ 4. U.rp. YesL No. Yes -x.. No Yes -X- No Yes~ No 'l?s~ II I J.. '1 I d...DC,,';- Date Reviewed and approved as to !onn and legality by: OIIice Depot Le al Department , ~""'o,' ~. -"~ , . ' . ' u CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM VI.-CONSENT AGENDA ITEM 8.5 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 Meetinl! Dates in to City Clerk's Office 0 December 6, 2005 November 14,2005 (Noon.) [gJ February 7, 2006 January 17,2006 (Noon) 0 December 20, 2005 December 5, 2005 (Noon) 0 February 21,2006 February 6, 2006 (Noon) 0 January 3, 2006 December 19, 2005 (Noon) 0 March 7, 2006 February 21, 2006 (Noon) 0 January 17, 2006 January 3, 2006 (Noon) 0 March 2 1,2006 March 6, 2006 (Noon) NATURE OF AGENDA ITEM o [gJ o o o o Administrative Consent Agenda Public Hearing Bids o o o o o Development Plans New Business Announcement City Manager's Report Legal Unfinished Business Presentation ) RECOMMENDATION: A motion to approve an emergency purchase to repair a gravity main _r IiIi~thatJiail failed. A sinkhole developed aronnd the entrance/exit portion of the community. The expenditure is: $66,444.28 -,:',~: '- ~~6 EXPLANATION: The Utilities Department responded to a call in the San Savino development IQiited near Sandalwood Dr. and Congress Ave. It was determined that the gravity main leaving the manhole leaditrg:to t~ 'ijtt station has failed. A sinkhole has developed around the entrance/exit portion of the community. TWbcoll~e,d gravity main problem has hindered flows considerably to warrant an emergency, Therefore, three quotes :~e obtained to repair the water line and Coastal Pipeline, Inc. of Deerfield Beach, Florida was the ~es~t responsive, responsible contractor. In order to restore services back to the community, it was determinet..to p~d with the lowest proposal. Coastal Pipeline has performed satisfactorily previously. Upon mobilization, thi!'-contn~r located the 6" force main in a different location. The location of the 6" fore main is now in conflict with the repaii'=of the gravity sewer main. After review of the options available, a decision had been made to deflect and relocate the 6" force main around the perimeter of the excavation site. The original quote from Coastal Pipeline, Inc. for labor and equipment was for $51,375.00 for the initial gravity sewer main repair. An addition to the original proposal was snbmitted for an additional $15,069.28 to deflect the 6" force main. Total expenditnre: $66,444.28 PROGRAM IMPACT: Gravity Sewer Mains require continual maintenance by outside contractors FISCAL IMPACT: Wastewater: 401-2815-536-46-42 ~~~t SSlstant to t e mance lree or Procurement Services S,IBULLETIN\FORMSIAGENDA ITEM REQUEST FORM,DOC C: Pete Mazzella - Deputy Director of Utilities Barb Conboy ~ Utilities Manager of Administration File MEMORANDUM UTILITIES #05-160 (REVISED 1-5-06) RECEIVED JAN 0 9 2006 TO: FROM: Mary Munro Budget Coordinator/Procurement '~ ~ Kofi Boateng /:.:> _ ~,/ - Utility Director 4 . ", :~ 'j ~..< PROCUREMENT SERVICES fl7i'D DATE: December 27,2005 (January 5,2006) SUBJECT: Emeraencv Sewer Gravity Main repair San Savino Development Agenda item On Tuesday December 20tl1, the Wastewater Collection Division responded to a call in the San Savino development of Boynton Beach. San Savino is located near Sandalwood Dr. and Congress Ave. It was determined that the gravity main leaving the manhole leading to the lift station has failed. A sinkhole has developed around the entrance/exit portion of the community. Barricades and cones mark the area to maintain a safe environment. At this time, traffic has not been a concem. The collapsed gravity main problem has hindered flows considerably to warrant an emergency and we will continue to monitor until the repair is made. We have contacted contractors asking for proposals to make the emergency repairs. Attached are three quotes for repair costs. Coastal Pipeline Inc. of Deerfield Beach, Florida is available next week, January 3, 2006, for the emergency repairs and also offers the lowest price. It is our recommendation to proceed with this proposal as soon as possible to restore services back to this community. Coastal Pipeline Inc. has done work for us in the past and is a responsive and responsible contractor. On January 3, 2006, Coastal Pipeline mobilized to the job site and has started working on the repair. During the location process, by City staff, the 6" force main that runs along Sandalwood Drive did not appear to be in conflict with the excavation site. Once the contractor began digging, we located the 6" force main in a different location. The location of the 6" fore main is now in conflict with the repair of the gravity sewer main, After review of the options available, a decision has been made to deflect and relocate the 6" force main around the perimeter of the excavation site. Coastal Pipeline Inc. has quoted a price for labor and equipment for $51 ,375.00 for the initial gravity sewer main repair. An addition to the original proposal has been submitted for an additional $15,069.28 to deflect the 6" force main, The project now totals $66,444.28. Funding is available in account # 401-2815-536-46- 42, Sewer Main Repairs. The Utilities Department is fumishing bypass pumping. Asphalt repairs will be made by a local contractor we have on a "piggy-back" bid from Broward County, Please present this at the next City Commission meeting for their approval. If you have any questions you can contact me at ext, 6401, or Tony Lombardi at 6421 Attachments cc: Pete Mazzella Tony Lombardi Barb Conboy Jim Hart 01/03/2006 16:12 FAX 9544257718 COASTAL P1PELINF i{1] OUl COASTAL PIPELINE, INC. 303 JIM MORAN BLVD., SUITE B DEERFlELD BEACH, FLORIDA 33442 TELEPHONE (954) 425-7717 FAX (954) 425-7718 STATE OF FLORIDA LICENSE # CU-C056\117 Cpicoulal@aol.com JEFF I.IEPlU ROY I.IEI'Bll January 3, 2006 City of Boynton Beach ] 00 East Boynton Beach Boulevard Boynton Beach, FL 33425 Fax 561-742-6298 Attn: lony Lombardi Rc: Sanitary Sewer Repair at Sandalw{lod Drive and Areno Circle Revised Addendum to PrODOsaJ dllted December ZOo Z005 Remove and replace exib1ing 6" C-900 with 4" Sch-40 pve sprinkler and IV," (Sch-40) with wiring. Remove. relocate and ,'e.install 6" DIP force main to facilitate sewer main fI..>pair, These items are due to incorrect locations by UNCLE and City of BOyllton Beach, prior to proposal. Materials: Force Main 40 If 6" DIP Epoxy Lined CL-35 4 ea 6" DIP Epoxy Lined 45. Bends 2 lOa 6" DIP Epoxy Lined Sleeves 2 ea 6" DIP Bell Restraints $ 929.28 906,53 420.11 Jl6.00 40 If 40 If 2 ea 40 If 2ea 2 ea LS Svrinkler Lines 6" rve (C-900) 4" pve (Sch-40) 4" PVC (Sch-40) Couplings I Yo" pve (8cl1"40) 1 Yo" pve (Scl1-40) Couplings 6" MJ Sleeves Electrician to re-hook timer wires 298.80 82.52 22.36 32,91 2.95 307.82 250,00 Total Materials '$ 3,369.28 Labor, equipment. additional well point rental Total Labor $11,700.00 TOTAL ADDENDUM $15,069.28 H.T.E. ENTRY DATE: H.T.E. REQUISITION # Clerk: Procurement Ass't: Director: REQUEST FOR REQUISITION I, 0'5 37~/'is City Manager (non budgeted ca ital and/or $5000+): ~7 I), (bJ REASON FOR PURCHASE: Emergency sewer main repair - San Savino Development VENDOR INFORMATION: DIVISION: OTHER INFORMATION: Name: Coastal Pipeline Inc, Admin, ( ) Date: 12-29-05 ASAP ( ) Address: 303 Jim Moran Blvd, Suite B Construction ( ) Date Needed: EMERGENCY Confirm, ( ) Deerfield Beach, FL 33442 Cust, ReI. ( ) ASAP/Conf, (x) Distribution ( ) BACKUP DOCS. DELIVERY: SUBMITTED: Phone (contact): Jeff Water Qual. ( ) QuotesN erbal ( ) E, Admin, 40 (x ) (over $500) Pumping ( ) QuoteslWritten (x ) E, WTP 41 ( ) (over $2000) Vendor Number: PWTreat. ( ) Bid Docs, ( ) W,WTP 42 ( ) ,. Meter Serv, ( ) Sole Source LIT. ( ) PIU 99 ( ) INITIATOR: Tony Lombardi Sewage (x) Insurance ( ) Special Instructions: ReQuirements: APPRO~JE~:.pe~a~~ ~ Strmwtr, ( ) SNAPs/GSAlPiggy-back Project Number: #: IJ Quan. I Unit Price Description & Part Number Emergency repair sanitary sewer at Sandalwood Drive and Arezzo Circle Repair 10 If of pipe and all necessary work in association to complete the repair Fund DeDt 401 2815 Basic 536 ./ ,/ /~ ~O.o '(,/ ,1 . ~ Elem 46 Obi 42 Amount 51,375,00 ~.z '" (J) Q) ::J (J) Q) < -. ::J o (J) CD ~ CD .., s: Q) -. ::J .., CD '"C Q) .., ....Jo. ........ w ........ o (j) ~ :'j' " '" w Co CD ~ - 0_Z m (J) 0) ::J (J) 0) < -. ::J o (J) CD :E CD .., ~ 0) -. ::J .., CD "'C 0) .., .....lio. """- c.v """- o 0') :;' " ex> '" '" ro !!!. - ~.z m (J) W ::::J (J) W < -. ::::J o (J) CD ~ CD ..., s: w -. ::::J ..., CD ""C W ..., .....\. -... c..v -... o 0) :;' " ex> "" <0 CD !!l. - en_z '" (J) Q) ::J (J) Q) < -. ::J o (J) CD ~ CD ~ s: Q) -. ::J ~ CD "'C Q) -. ~ ....lio. ""'- c..v ""'- o 0) ~ ~r " c:o w Co it ~ - I- -~~~ Y~''''''. ~a..... .......,..,......., ,.LV '-'Vtl.;)~n..L r J.rnLJ.fU' Lg/ lIU.l COASTAL PIPELINE, INC. 303 Jim Moran Boulevard, Suite B Deerfield Beach, Florida ~3442 Telephone (954) 425-7717 Fax (954) 425-7718 Cplcoastai@aoi.com St.~1~e 1)(: Fl.orida License n CU-CD5~9J.7 Jett Liefer ROy Liefer Date: December 20, 2005 Submitted to: City of Boynton Beach 100 East Boynton Beach Boulevard Boynton Beach, FL 33425 Fax 561-742-6298 Attn: Tony Lombardi Project; Sanitary Sewer Repair at Sandalwood Drive & Aretzo Circle OUOTATION / PROPOSAL' We, at Coastal Pipeline, Inc., hereby propose to furnish materials, labor ~d equipment for the following, per attached quantities: ' A) M.Q,T, Phase 1 during Holidays. B) M.OT, Phase II during repair. C) Trench safety. D) Support of existing water main and force main. E) Dewatering. F) Saw-cut, remove, haul off existing asphalt and curbing. 0) Replace 48 If of extruded curb. H) Emergency mobilization and de-mobilization. I) Back fill and compact to within 18" of finished asphalt. , J) Excavate and repair existing sewer main, not to exceed ]0 If. Additional footage, if required, will be invoiced as an extra to contract at $275.00 per If. . K) Clean up. ' L) By-pass pumping by City of Boynton Beach. M) Asphalt repair by City of Boynton Beach. N) Al] landscaping and sprinkler repair not included in this proposal. . 0) City of Boynton Beach to shut down existing water main on west side of repair area during repair operation. TOTAL AMOUNT BlD $51;375.00 Page 1 01'2 _..~- ~_.~, L'L... ...V-..-....""......... vvn.....n...... .......... .............J.~1 't!<IVV.. THE FOLLOWING PROVISIONS APPL y, L lhe cost of construction staking, certification of as-builts, bond fees, and penuits are nOI inoluded in this proposal. ' 2, The oost of any removal or relocation (temponny or permanent) of existing utilities or Slructure' i. not included in this proposal, ' 3. The cost of any 'plinkler,. landscaping, or asphalt (repair orreplacement) is not inciuded in this proposal. 4, Removal or replacement of lmsuitablc material, WIder or ",oWld any and all utilitie$ and drainage .y.tems is the responsibility oftllO OvvnCl', 5. Excess fill becomes the property of the owner. 6, Price does no! include repJaeernent ofllnighed sjIb-grade, 7. The owner shall furnish land required for conslruction de-watering dischar~e, 8, Price does not include cleaning of or repair to existing system. or .tructures, which, are to be tied into with new construction. 9, All dCllMity tc.ting to be the respon,ibility oftile owner, Any failures will be paid bY the contractor, 10, Bacteriologlcaltesting by the Owner. 11. This project is bid in tota) and cannot be sepa*ed, without written consent of both the Ovvner and Contracror ("Owner" as referred to above, being the company this proposal is furnl$hed to), i 12, Price b811ed upon one mobilization; additional mobilization(s) will be cOll8idered ..,:extra to !he contract. 13. Included in this proposal is The cost of filter fubric installed under drainage 'lrw?lUre grates for purposes of erosion control. All other erosion control for the project ig by Owner. 14. Prices are based upon eost of PVC materials as of the date of this ,Proposal. j\CltIaI PVC .material costs will be determined by the cost In effect at time of shlpment. 15. Due to recent lIuctuations in material pricing, the following da~se mast be included in any contract agreed to by Coastal Pipeline, Inc.: As of the date of 'this agreement 'the co.t of ~er/Qin materials llI'e, Or are expected to, be affected by significanr indU4t1'J! wide fluctuations duri'!8 the cours~ of (he performance ofcJri:! tontr(lct~ 1"hese price jlUctu.ad.om' may impact the co~'1 variou., materials and fUl!l at the time. 0/ delivery. Any such increase in the cost of said materUils wiU be pa..r,;sed (J1f to the own.er amVor the contractor in the form of a written change ort/gr. All work to be completed according to standard practices, Any changes in the preceding provisions will be accepted only by a written order and becomes an e:x;tra to the contract. If non-payment resorts to litigation to collect moneY" due WIder the contract, the acceptor agrees to pay all cost and reasonable attorney's fee. I We propo'. to furnish labor and materials in accordance with the specifications include<! in this proposal and for the amount of Fifty-one Thousand Three Hundred Seventy-live and 00/100 Dollars ($51,375.00). Payment' to be made within ten (10) days of submission of approved payment request. Authorized Signature: 4------__Daoo: /Z- z..-~ ACCEPTANCE OF PROPOSAL By this, these signature(s), you are authorized 1.0 do this work as specified above, Payment.' to be made.., outlined above, Signature: Dat<:: Signature: Datt:: Page 2 of2 12/27/2005 14:47 FAX 9544257718 l,;ltsnm: 2930 COASTAL PIPELINF ACORD", CERTIFICATE OF LIABILITY INSURANCE r DATI! (~fNDClIY"r'Yv) 09/28/05 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Cypress Insur.nce Group aO..cL ONLY AND CONFERS NO RIGIjITS UPON THE CERTIFICATE P,O, Drawsr 9328 HOLDER THIS CERTIFICATE DOES NOT AMEND, EXTEND OR AlTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, Fort Lauderdals, FL 33310-9328 954 771-0300 INSURERS AFFORDING COVERAGE NAlC # I#.lSUREO INSUREiRA: Ohjo Casualty Company Coastal Pipeline, Inc INSURER a, Bridgefleld Employers Ins. Co. 303 N.W. 12 Avenue INSURER C; , Suite El INSUR.ER. o~ Deerflsld Beach, FL 33442 INSURER 5; COAS'tPIP I4J 002 COVERAGES THE POLICIES OF INSURANCE LISTED BELow HAVE BEEN ISSUEO TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANOING ANY REQUIReMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WlTH RESPECTTO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED SY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO AlL THE TERMS, EXCLUSIONS AND CONDITIONS DF SUCH POLICIES, AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, ~]Ulll'I P_"",,, EFFEcnvE .!::!B..~ lYPIi OF iNSURANCE POUCYNU~BeR _DATEfMM~y'YJ" A GE.ORAL UABrLlTY BK00652379335 09/25/05 rx- COMMSRCIAL G!!NERAL LIABILITY _ --1 CLAIMS MADE [XJ OCCUR A - GEN'LAGGREGATIi L1Mrr APPLIES PER; n' ~OUC'f n-~~ ,n-I,OC ~TOM(l8I," 'IABILrrV BA00652379335 .!.. ANy ALfTO f-- AIJ. OWNED AUTOS SCHEDULED AU'rOs X HIReD AUTOS ~ NON-OWNE;O AUTos I- , i5A4fl~~~~ 09/25/06 ~U"RENCE ~CV~I;NTEO MeD EXP (Any Orle ~Qnl P~RSONAL&ADVINJUAY UMf'rs GeNE~~AGSREGAT5 PROlJIJCTS. COMPfOP AGG '1 000 000 '100000 .10000 .1 000 000 12 000 000 12 000 000 A ..!.-tGE UASIUTY I ANY Aurn EXCESSIUM8REU-, LIABILrrV US00652379335 t:!:)'OCCUA 0 CI_AIMS MAOE RoeOUCTIBLi ReT5NTlON S WORKeRS COMPENSAn~ AND I!MPLOY'ERS' UABIUTY ANY PROPRleTORIPAFrrNEMXECUT1VE OFFICe:AlMEMBER exCLUDfiO'( I(~. d~r::nJ::J; vnder SPECIAL PROVISIONS b910w OTHER 09/25/05 09125/06 COMElINeO SINGLE W~I'r' (eaeccldenl) '1,000,000 80DILY INJURY . l1'erpet!Or1l IliODll y INJU~Y $ (PgrBCelClBllt) PROPBRTY OAMAGi: . (PlI!r;jl~ldent) AuTO ONLY. 5A ACCIDENT . OTHeR THAN AUro ONLY: eA Ace $ AOO . $3 000 000 .3 000 000 09/25/05 09125/06 5ACH OCCURRENCE AGGRI:GA TE B 83029486 09/25/05 09/25/06 x IT~STA1U;1 la~~. E.L. ~CH ACCIDENT E.L. DISEASE; . eA EMPLOYE:..! e.l.. DISEAse. POI,ICY lIMlr $ $ . .500,000 .500,000 $500,000 DESCRIPTION OF OPERATlONS: Il.OCATlONS I Vl!HICl..ESI EXCWSIONS oU>OiD IlV ENDORSEiMENT I SPE:CIAl. PROVlS1OH$ Workers' Compensation appilss to Florida operations and employ..ss only, CERTlACA TE HOLDER City of Boynton Beach 124 E. Woolbright Road Boynton Beach, Fl 33425 CANCELLATION SHOULD ANY OF! 'I'tle: ABOVEDESCItIBE:D Pt:lUCIE8 BE CANCEL-lED B&F:01U! 'rHE EXPIRATlON DATE THER.EOP, l11'E ISSUING I"lSUfU:R WIU ENDE.A.VO~ To MAlL......1JL DAYS Wltl'n'liN NanCE TO THE CE:ImACA7E HOLDER NAMlEg TO THE LEA, 8ur FAILURE TO DO SO SHALL IMPOS!;i NO Q.uGAT1ON OIl: UAalLI'TY OF MY K1I1tO Ull'ON THE; INSURIiR, trs A!;JIiNTS OR ACORD 25 (2001108) 1 of 2 ilS49667/111149335 TL ., ACORD CORPORATION 1888 ~~f~~/~VV~ ~~:JV rhA ~O~~~~ffLO ~ <Il z~~ s:: ..!!l '" ,\1 't: ~ '" ~ ~ vVl1.:>.ll1L r.lr.DL~l~r 1 t . '- " 'E; '" '" .., " ~ .:. ~ ~ . 0. . . . . .. . . . .. - ti ::> m 't> o ~ ~ c: <ll en - $0$$0$' r~tf1a) ~ ' ~I:t:~~ . ~~~I:t:~ ~<:~~Ifi 1l::~1:t:!lJ!l.:qj ~~~~iil~ CI)~!lJCI)~). ~~~;fw~~ ll..;:,....u ;;:, O"l;':i!~ 0 ).6~~\:'! 1l..8~OffitE /1)0,=\<( "'LU.......I!: o (jj Q J: , r--.. C5 .... ,. ~,. ~ j~ ~ ,Ii';' ."ag ~~ g , C> "" ~ "" " ... .. '" ~ .. ~i '" ,., 181 '" '" & "" 8 en 5 I Q ;- d t ,I ..~ ~i 1~ ,Ut!IUPi 'IB :JiiH!! . I ~ ~ ~ hi It .11 J ilu ~ ,S! s SULLlV AN BROS. INC. ' December 22, 2005 City of Boynton &;ach Attention; Tony Lombargo Sanitary Sewer Repair at Sandalwood Dr. & Nezzo Circle Sullivan Brother to provide 1l!I8terial, equipment, and labor to repair damaged Sanitary Sewer Main. Price includes replacing 8" VCP pipe with 8" C.900 PVC, Well points, Traffic Control, an<! Trench Safety. Price Excludes: Replacement of ; Asphalt Curbing Inigation r andscaping , By pass pumping by City of Boynton. Total $54,350.00 Thank you, Don Jones VP 7 '~ n I Ie' 0 N ~NI Sj8~IOJR U8AlllnS ~rlIO:/'1 900Z '6/'080 ~ UCw.~~ U~ V~.~~d .....CCI-' I ~ I""'C ~ ~ III1C' ............ .........'f' ~....,... J & MPipeline, Inc. . 5473 Michlar Drive Lake Worth, FL 33467 Phone 561968.2341 Fax 561 968-2341 U-16417 December 22, 2005 To: City of Boynton Beach Re: Sewer Repair Attn: Tony Lombardi , -. I J & M Pipeline, Inc. proposes to repair existing 8" sanitary sewer located at Sandalwood Drive and Arezzo Circle for the sum of Included are the following: Traffic maintenance Well points Mobilization 8" pipe not to exceed 13 If The following are excluded: Asphalt repair Landscaping Sprinklers By-pass pumping c $55,000.00 V ery ~y yours, ~' C~', --' '- Mike B~nks, President J & M fipeline, Inc. cr VI.-CONSENT AGENDA ITEM C.1 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Meetim! Dates in to Citv Clerk's Office 0 December 6, 2005 November 14, 2005 (Noon.) I:8l 0 December 20, 2005 December 5, 2005 (Noon) 0 0 January 3, 2006 December 19, 2005 (Noon) 0 0 January 17, 2006 January 3, 2006 (Noon) 0 Requested City Commission Date Final Form Must be Turned Meetine: Dates in to Citv Clerk's Office February 7, 2006 January 17,2006 (Noon) February 21, 2006 February 6, 2006 (Noon) March 7. 2006 February 21, 2006 (Noon) March 21, 2006 March 6, 2006 (Noon) Announcement -" 0 Development Plans 0 --.'< New Business 0 Legal ~"' - - . 0 Unfinished Business (:; \~ 0 Presentation 7.:" , , ..~- NATURE OF AGENDA ITEM o I:8l o o o o Administrative Consent Agenda Public Hearing Bids 1 -T1::).:;" C..) --pl :~?j.'--" '-,' ,ole? RECOMMENDA nON: Staff recommends Renewal of Resolntion R 2ranting tbe Mayor autbority to sign CIIe First Amendment to the Interlocal Agreement between tbe City of Boynton Beach and Palm Beach County. City Manager's Report EXPLANA nON: Tbe City of Boynton Beacb and the County bave entered into a separate agreement outlining tbe use of tbe County's digital microwave system pursuant to a lease agreement ("Lease Agreement") between tbe Connty, tbe City and AT&T (R99-311D) dated 2-23-99. In addition tbe City of Boynton Beacb will utilize six (6) TI lines from tbe county's microwave to tbe prime site at no cost to tbe City. Tbe purpose tben is to set fortb tbe County and City's fiscal responsibilities witb respect to tbe City's use of tbe microwave system PROGRAM IMPACT: Witbout tbe use of tbe County's microwave and six TI voice transmission lines tbe City of Boynton Beacb would need to purcbase its own microwave system and lease Tllines to reacb tbe prime site at Forest Hill Blvd where tbe Smart Zone switcb is boused. FISCAL IMPACT: Tbe City agrees to pay a fair sbare of the operation and maintenance associated witb tbe County's microwave system on a pro rata basis. Tbe amount of $4,747 has paid and will be necessary to budget for tbis amount each year througb 2011. Tbe City of Boynton Beach will save tbe cost of purcbasing a microwave system, approximately $200,000 and recurrent costs associated witb leased Tllines at $125,000. ALTERNATIVES: No prudent alternative exists witbout a large capital outlay. Communications Department Name 7ff~d ~ Department Head's Signature S:IBULLEllN\FORMSIAGENDA ITEM REQUEST FORM,DOC " 1 2 3 4 5 6 7 8 9 10 11 12 RESOLUTION NO. R06- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE A FIRST AMENDMENT TO INTERLOCAL AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND PALM BEACH COUNTY, EXTENDING THE EXPIRATION DATE OF THE INTERLOCAL AGREEMENT TO FEBRUARY 6, 2011; AND PROVIDING AN EFFECTIVE DATE. 13 WHEREAS, on December 19, 2000, the City Commission authorized the Mayor 14 and City Clerk to enter into an Interlocal Agreement with Palm Beach County outlining 15 the City's use of the County's digital microwave system, which Interlocal Agreement 16 expires on February 6, 2006; and 17 WHEREAS, the City Commission of the City of Boynton Beach deems it to be 18 in the best interests of the citizens and residents of the City of Boynton Beach to enter 19 into a First Amendment to Interlocal Agreement with Palm Beach County, which 20 extends the expiration date of the Interlocal Agreement to February 6,2011. 21 22 23 24 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. Each Whereas clause set forth above is true and correct and 25 incorporated herein by this reference, 26 Section 2, The City Commission of the City of Boynton Beach, Florida 27 hereby authorizes and directs the Mayor and City Clerk to execute a First Amendment to 28 Interlocal Agreement between the City of Boynton Beach and Palm Beach County, a 29 copy of which is attached hereto as Exhibit "A", extending the expiration date of the S:\CA\RESO\Agreements\Interlocals\First Amendment to Communications Interlocal.doc 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 " Interlocal Agreement to February 6,2011. 2 Section 3. This Resolution shall become effective immediately upon passage. 3 PASSED AND ADOPTED this _ day of February, 2006. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner ATTEST: City Clerk (City Seal) S:\CA\RESO\Agreements\Interlocals\First Amendment to Communications Interloca\.doc FIRST AMENDMENT TO INTERLOCAL AGREEMENT THIS FIRST AMENDMENT to Agreement R2001-200, dated February 6, 2001, is made as of , by and between Palm Beach County, a political subdivision of the State of Florida, by and through its Board of County Commissioners, hereinafter referred to as the County, and the City of Boynton Beach, a municipal corporation, hereinafter referred to as the City. In consideration of the mutual promises contained herein, the County and City agree as follows: I. The term of Agreement R2001-200, set to expire on February 6, 2006, shall be extended to February 6, 2011. 2. All other terms of Agreement R200 1-200 remain unmodified and in full force and effect. IN WITNESS WHEREOF, the Board of County COlIlIIlissioners of Palm Beach County, Florida has made and executed this Amendment on behalf of the County and City has hereunto set its hand the day and year above written. SHARON R. BOCK, CLERK & COMPTROLLER PALM BEACH COUNTY, FLORIDA BY ITS BOARD OF COUNTY COMMISSIONERS By: By: Deputy Clerk Tony Masilotti, Chair APPROVED AS TO FORM AND LEGAL SUFFICIENCY APPROVED AS TO TERMS AND CONDITIONS By: Asst. County Attorney By: Director Facilities Dev & Operations ATTEST: CITY OF BOYNTON BEACH. FLORIDA By: By: Jerry Taylor, Mayor City Clerk Name (Type or Print) Name (Type or Print) First Renewal Amendment to Direct Connect 10/20/05 FIRST AMENDMENT TO INTERLOCAL AGREEMENT THIS FIRsT AMENDMENT to Agreement R2001-200, dated February 6, 2001, is made as of , by and between Palm Beach County, a political subdivision of the State of Florida, by and through its Board of County Commissioners, hereinafter referred to as the County, and the City of Boynton Beach, a municipal corporation, hereinafter referred to as the City. In consideration of the mutual promises contained herein, the County and City agree as follows: I. The term of Agreement R200l-200, set to expire on February 6, 2006, shall be extended to February 6, 201 I. 2. All other terms of Agreement R2001-200 remain unmodified and in full force and effect. IN WITNESS WHEREOF, the Board ofCOllnty Commissioners ofPaIm Beach County, Florida has made and executed this Amendment on behalf of the County and City has hereunto set its hand the day and year above written. SHARON R. BOCK, CLERK & COMPTROLLER PALM BEACH COUNTY, FLORIDA BY ITS BOARD OF COUNTY COMMISSIONERS By: By: Tony Masilotti, Chair Deputy Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY APPROVED AS TO TERMS AND CONDITIONS By: Asst. County Attorney By: Director Facilities Dev & Operations ATTEST: CITY OF BOYNTON BEACH, FLORIDA By: City Clerk. By: Jerry Taylor, Mayor Name (Type or Print) Name (Type or Print) First Renewal Amendment to Direct Connect 10/20/05 FIRST AMENDMENT TO INTERLOCAL AGREEMENT TIDS FIRST AMENDMENT to Agreement R2001-200, dated February 6, 2001, is made as of . by and between Palm Beach County, a political subdivision of the State of Florida, by and through its Board of County Commissioners, hereinafter referred to as the County, and the City of Boynton Beach, a municipal corporation, hereinafter referred to as the City. In consideration of the mutual promises contained herein, the County and City agree as follows: I. The term of Agreement R2001-200, set to expire on February 6, 2006, shall be extended to February 6, 20 II. 2. All other terms of Agreement R200 1-200 remain unmodified and in full force and effect. IN WITNESS WHEREOF, the Board of County Commissioners of Palm Beach County, Florida has made and executed this Amendment on behalf of the County and City has hereunto set its hand the day and year above written. SHARON R. BOCK, CLERK & COMPTROLLER PALM BEACH COUNTY, FLORIDA BY ITS BOARD OF COUNTY COMMISSIONERS By: By: Tony Masilotti, Chair Deputy Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY APPROVED AS TO TERMS AND CONDITIONS By: Asst. County Attorney By: Director Facilities Dev & Operations ATTEST: CITY OF BOYNTON BEACH, FLORIDA By: By: Jerry Taylor, Mayor City Clerk Name (Type or Print) Name (Type or Print) First Renewal Amendment to Direct Connect 10120/05 VI.-CONSENT AGENDA ITEM C.2 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORlYI Requested City Commission Date Final Form Must be TumL-d Requested City Commission MeetinQ" Dates in to City Clerk's Office MeetinQ" Dates D December 6, 2005 November 14, 2005 (Noon.) ~ February 7,2006 D December 20, 2005 DL'CcmbL't' 5, 2005 (Noon) D F ebruury 2] , 2006 D January 3, 2006 December 19,2005 (Noon) D March 7, 2006 D January 17,2006 January 3, 2006 (Noon) D March 21,2006 Date Final Form Must be Turned in to Citv Clerk's Office JanUaI)' 17,2006 (Noon) February 6. 2006 (Noon) February 2],2006 (Noon) March 6, 2006 (Noon) :-.. --~ NATURE OF AGENDA ITEM D Administrative ~ Consent Agenda D Public Hearing D Bids D Announcement D City Manager's Report D Development Plans D New Business D Legal D Unfinished Business D Presentation '.;.-. . --n ,.-:1::'; (;.? U1 ....:...:.CD :~1 ;: ,"j C) RECOMMENDATION: Approval to grant and execute a resolution for a Deed of Utilities Easement to Florida Power & Light Company (FP&L) within properties owned by the City and described below. FP&L will provide a power feed source related the City's INCA Project (formerly known as NE 7th Avenue and 10th Avenue Water Main Replacement and Storm water Management). EXPLANATION: The City's INCA project, now underway, includes the construction of a storm water pump station designed to house storm water pumps for Pond Segment #1 at the corner of NE 10'h Avenue and NE 7'h Street. Storm water improvements are one of the focal points for construction slated within the INCA project area. The pumps and other equipment that require a power source will control nuisance flooding during tidal and heavy rain events. The level of multiple ponds segments will fluctuate depending on weather conditions and allow for natural sedimentation rather than drainage of untreated storm water directly into the Intracoastal Waterway. PROGRAM IMPACT: FP&L performed an inspection of existing power lines and agreed to install the additional power supply to meet requirements for the newly designed pumping system; therefore, FP&L has requested a Deed of Utility Easement to facilitate this installation. S,IBULLETINIFORMSIAGENDA tTEM REQUEST FORM,DQC err CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM The utility easement is located on property owned by the City described as "a ten-foot wide utility easement over the South ten-feet of Lots 29 through 32, according the plat of LAKE WORTH MARINER VILLAGE, as recorded in Plat Book 33, Pages 41 & 42, as recorded in the Public Records of Palm Beach County, Florida". Exhibit 1 is attached that indicates required easement. FISCAL IMPACT: Costs related to grant the utility easement are miuimal. The site inspection and system desigu (iucluding the cost ofthe underground cable is FP&L $1,005.50. The ouly additioual fees would be the deposit for the meter and this fee would be based on estimated usage. Funds are available in the Utilities account for this activity, #403-5000-590-96-07 STM 021. ALTERNATIVES: If the City does not grant a utility easement to FP&L, the construction portion of storm water improvement for the INCA project cannot be completed. There is no alternative, the cessation of the project would have a negative impact on the community and untreated storm water would continue to drain into the Intracoastal Waterway. ~i J. ) .c::: 11 "'4". '^^^"->~ Kofi Boateng, - Director of Utilities Utilities Department Name t City Attorney / Finance / Human Resources Attachment: Deed of Utilities Easement Exhibit 1 - FPL Easement bc~. Kofi Boateng, Director of Utilities I" _ Pete Mazzella, Deputy Utilities Director ~Paul Fleming, Sr. Project Manager Barb Conboy, Manager, Administration PMT Project File S,IBULLETINIFORMSIAGENDA ITEM REQUEST FORM,DQC ~~;[ , l! Exhibit III ( , II J ~7-'f , I' '1:1- t " I. '/ '1_' "t'"...,' ;T~' !i t I f~ I i !:, t ' li .I j Iii: f- ;.:i:' 'f i: ii,' II f ~ : : I If:t',' ff : , ~1!~ j ,I, J;,", a<--- .-:'~~"' ---- --~==- l- _,;:J -:c _-_ ,II ,d:",::;iE:,! , t!< r I rT~r;'~r s.~ h'~': ! ," !1 'ir~ II~. " : it I i it ;~i'! ) : :.~~,! ~- I~II: ~-...":! "1 I, ' ~c~d~. j "'~ ",i , ' -----,,:::~,~:c.;r.'7--._3-.~--!,~~ ,..... ---__~ 'Ii \-.~,~.~~,~:~~...""'~. - ill 1 '~~~ ,~ ~,/~;:t\,,,, ;1 II j --_-:7_" ----- ---- FP&L Utility Easement l il; m "I , 11' ili: '~i ,[" [II !~, ::ji ,I , f 'e'I'111 1.,/,; ., '~l' d ,~"",I q 'i! Fi, I, -to -j~ (fI:l~ 'L',',"II'" ',":' :i,'~ , t", i " ,1-L 3I\OII't'lJS3Nl1H:lIVl'l """,...... , , r " " I',' " ~ :f 1-17-06 Agenda ~ '{ 1- !! . ~ ~_ i ~ ~J ~~ I, " ~i ~ z _w ~'" -w ~~ ~~ ~ ~ wz =>" ~ aJ:::ECf.l >o:~ <(wz ~ 8~~ , -;:~ 1Il woo ; ~~lf l::1-a::::::E ~ tl:l~i ~ ~<CW (Is (1);::1- t ,,~~ G ""oCf.l w~ z~ , Ii Jr" ::l;.ii',j ""'.'! j",. n'l ll' I;l~ ~ ~ht ft !1r. m'1~ II! II. ~~ Work Order No, EASEMENT This Instrument Prepared By Sec,_ , Twp _ S, Rge _ E Name: Co, Name: City of Boynton Beach Address 124 E. Woolbright Road Boynton Beach, FL 3343 pg --L of~, Page 2 of 2 - Sketch The undersigned, in consideration of the payment of $1.00 and other good and valuable consideration, the adequacy and receipt of which is hereby acknowledged, grant and give to Florida Power & Light Company, its licensees, agents, successors, and assigns, an easement forever for the construction, operation and maintenance of overhead and underground electric utility facilities (including wires, poles, guys, cables, conduits and appurtenant equipment) to be installed from time to time; with the right to reconstruct, improve, add to, enlarge, change the voltage, as well as, the size of and remove such facilities or any of them within an easement Rft&ftrvad for Cimuit Court 10 feet in width described as follows: A ten-foot wide Utility Easement over the South lO-feet of Lots 29 through 32, according to the plat of LAKE WORTH MARINER VILLAGE, as recorded in Plat Book 33, Pages 41 & 42, as recorded in the Public Records of Palm Beach County, Florida. Together with the right to pennit any other person, finn or corporation to attach wires to any facilities hereunder and lay cable and conduit within the easement and to operate the same for communications purposes; the right of ingress and egress to said premises at all times; the right to clear the land and keep it cleared of all trees, undergrowth and other obstructions within the easement area; to trim and cut and keep trimmed and cut all dead, weak, leaning or dangerous trees or limbs outside of the easement area which might interfere with or fall upon the lines or systems of communications or power transmission or distribution; and further grants, to the fullest extent the undersigned has the power to grant, if at all, the rights hereinabove granted on the land heretofore described, over, along, under and across the roads, streets or highways adjoining or through said property. IN WITNESS WHEREOF, the undersigned has signed and sealed this instrument on Parcel I.D, # (Maintained by County Appraiser) Form 3722 (Stocked) Rev, 7/94 ,20_, Signed, sealed and delivered in the presence of: (Corporate's name) By: (President's signature) (Witness' Signature) Print Name: Print Name (Witness) Print Address: (Witness' Signature) Attest: (Secretary's signature) Print Name Print Name: (Witness) Print Address: (Corporate Seal) STATE OF day of AND COUNTY OF .20_, by President and Secretary of behalf of said corporation, who are personally known to me or have produced oath. . The foregoing instrument was acknowledged before me this _ , and respectively the , a corporation, on as identification, and who did (did not) take an (Type of Identification) My Commission Expires: Notary Public, Signature Print Name II 1 RESOLUTION NO. R06- 2 3 A RESOLUTION OF THE CITY COMMISSION OF THE 4 CITY OF BOYNTON BEACH, FLORIDA, GRANTING 5 AN EASEMENT TO FLORIDA POWER & LIGHT 6 COMPANY TO PROVIDE A POWER FEED SOURCE 7 RELATED TO THE CITY'S INCA PROJECT; AND 8 PROVIDING FOR AN EFFECTIVE DATE. 9 10 WHEREAS, Florida Power and Light Company performed an inspection of existing 11 power lines and agreed to install the additional power supply to meet requirements for the 12 newly designed pumping system related tot he City's INCA project; and 13 WHEREAS, the City Commission upon recommendation of staff, deems it 14 appropriate to grant an Easement to Florida Power and Light Company, a copy of which is 15 attached hereto and made a part hereof. 16 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 17 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 18 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 19 being true and correct and are hereby made a specific part of this Resolution upon adoption 20 hereof. 21 Section 2. The City Commission of the City of Boynton Beach, Florida does 22 hereby grant an Easement to Florida Power and Light Company to provide a power feed 23 source related to the City's INCA Project. 24 Section 3, That the City Clerk will record this Grant of Easement in the Public 25 Records of Palm Beach County, Florida, 26 Section 4. This Resolution shall become effective immediately upon passage. S:\CA \RESO\Agreements\Utilities\Grant of Easement - INCA power supply.doc II 1 PASSED AND ADOPTED this _ day of February, 2006. 2 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 City Clerk 25 26 (City Seal) 27 28 29 30 31 32 S:\CA\RESO\Agreements\Utilities\Grant of Easement - INCA power supply.doc EXHIBIT III FP&L Utility Easement ~Z-= :[ M01]B 335 ]~mll:ll'll'l --,----.-, - fT:tE:-~~~=' ; k j~ I . II. r=' I, :'1 , 1 ~. .~ .......~Ii~ I I'l : : ~ rl~t "-;::c+ft 'J 10, 'j i !: i ifi>; ~t it I, II ' h~ ! ~. J -{ : ---;..I~ . ;; ~ . "! ~ ; ~ "ll~ j j'iL "r~ .I, --:jt ~:' "Fe"..... l i""11 [ i II II i I' 't i 1,1--::0:'..'......... . .L', II f ..: 1 ~:,; ! : I "t , I' i i 'i' I", ! 1.1....,....,_.,.. :t\i . ,.i~ II sl;~ I I, II i I" ' I ,I i I' -.... -.... !L.... -.. ..it"" 'I .....- -:, .' lile:;! '[lISp. -.~t,J,~" I ':t>>';, I. . !1'111\ If. I' I,d, if' 'I I 111'1'l:c}, ~ I .~ ! ,1~' i' , I".,..., , "\-, :i',' I ~=~)J::_ f \~d , ! i -'" ..,.......=s;;:, ..~I'I' "--~~, ~:.'!>.._,-I , i ---,--..I i'l; "'~;,.,~ ,I h I J --":"_~~ -~'-~"_'__ II fi i ! ~ - - --.::c- 1-17-06 Agenda ~! " " ~,+, . , ; i I I~~ , . ~ , . I~ i i " I , , i '! i I~ i d i I l~ ~ I c:...J.L- t.. I ~~ ! "J~' , ,t! .. r I J. ,~.., , . _4[:,,. 3I\08V33S3NnH:llVl'l .1 - . . ~ ~! 11.., ~, ~ ~ il i1 L ;~ ~i ~ _w ~~ -w ~~ ~~ ~ ~ wZ "< ~ ~~~ ~ C(WZ lL,!;;I-UJ "Oee::! 2 -;:~ III ~oo i -H ~a:~ ~~i ~ ~<~ ~ ~~~ 0""0(1) w~ z~ , " iI"1 jil!; i hj~ ft fiR ml'~ f~ \ CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORlV.k VI.-CONSENT AGENDA ITEM C.3. Requested City Commission Meetinl! Dates Date Final Form Must be Turned in to City Clerk's Otlice Requested City Commission Meetinl! Dates Date Final Form Must be Turned in to City Clerk's Office o December 6, 2005 o December 20, 2005 o January 3, 2006 o January 17,2006 December 5. 2005 (Noon) [8J February 7,2006 o February 21. 2006 o March 7, 2006 o March 21, 2006 January 17,2006 (Noon) November 14,2005 (Noon.) February 6, 2006 (Noon) December 19,2005 (Noon) February 21,2006 (Noon) . '. \.-.... January 2, 2006 (Noon) March 6. 2006 (Noon) -:I NATURE OF AGENDA ITEM o Administrative [2] Consent Agenda o Public Hearing o Bids o Announcement o City Manager's Report o Development Plans o New Business o Legal o Unfinished Business o Presentation " -...I. ~., i ~~-"") :;: RECOMMENDATION: Motion to approve and anthorize signing of an Agreement for Water Service Outside the City Limits with Luis Goncalves for the property at 1042 Alto Rd, Lantana, FL (Ridge Grove Add No 1 Lt 284). EXPLANATION: The parcel covered by this agreement includes a single-family home located in the San CastlelRidge Grove project area. Only potable water is available for connection to the property at this time due to recent water main improve- ments constructed by Palm Beach County as part of a neighborhood improvement project. (See location map) PROGRAM IMPACT: A Water Distribution main has recently been completed on this street, allowing for the service to this parcel. No additional construction will be required by the City to serve this property. FISCAL IMPACT: None f)/ A TJt:: None. This parcel is within the Utilities service area. -;;;..-- K:> _ ~_ Department ea 's Signature ~ City Manager's Signature ~ Utilities Department Name City Attorney I Finance I Human Resources XC; Peter Mazzella (wi copy of attachments) Michael Rumpf, Planning & Zoning Anthony Penn File S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC II 1 RESOLUTION NO. R06- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, AUTHORIZING AND DIRECTING 5 EXECUTION OF AN AGREEMENT FOR WATER 6 SERVICE OUTSIDE THE CITY LIMITS AND 7 COVENANT FOR ANNEXATION BETWEEN THE CITY 8 OF BOYNTON BEACH AND LUIS GONCALVES; 9 PROVIDING AN EFFECTIVE DATE. 10 11 12 WHEREAS, the subject property is located outside of the City limits, but within our 13 water and sewer service area, located at 1042 Alto Road, Lantana, Florida (Ridge Grove 14 Addition No.1, Lot 284); and 15 WHEREAS, the parcel covered by this agreement will include a single-family home 16 in San CastlelRidge Grove project which only potable water is available for connection at this 17 time; and 18 WHEREAS, a water distribution main has recently been completed on this street 19 allowing for the service to this parcel; and 20 WHEREAS, no additional construction will be required by the City to serve this 21 property. 22 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 23 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 24 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 25 being true and correct and are hereby made a specific part of this Resolution upon adoption 26 hereof. 27 Section 2. The City Commission hereby authorizes and directs the City Manager 28 to execute a Water Service Agreement between the City of Boynton Beach, Florida and Luis S:\CA\RESO\Agreements\Water Service\Goncalves Water Service Agreement.doc " 1 Goncalves, which Agreement is attached hereto as Exhibit "A". 2 Section 3. This Resolution shall become effective immediately upon passage, 3 4 PASSED AND ADOPTED this _ day of February, 2006. 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 City Clerk 28 29 S:\CA\RESO\Agreements\Water Service\Goncalves Water Service Agreement.doc Google Local - 1042 Alto Road, Lantana, Florida Page I of I G~le ''"'''~,''<,,;r" ~" \i\\~"J ~"~ ~~2:r>"~ I ~ ~,=?,",' J', ~,=,," ;;;),::::::1 , :::,'J ;:;1C::::J http://maps.google.com! 1/17/2006 TillS INSTRUMENT PREPARED BY: James A. Cherof, Esquire 3099 East Commercial Blvd. Suite 200 Fl. Lauderdale, FL 33308 AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXATION TI-lIS AGREEMENT made on this _ day of ,200_, by and between L t.{ I" (~O'" C oJ tJe C hereinafter calle(j'the "Customer", and the CITY OF BOYNTON BEACH, a municipal cOJporation of the State of Florida, hereinafter called the "C't" ] y. 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 tbe 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 ofthe property to be serviced into the City at the earliest practicable time. NOW THEREFORE, for and in consideration of the privilege of receiving water service from the Municipal Water System and the mutual covenants expressed herein, the City of Boynton Beach and the Customer, his heirs, successors and assigns, agree as follows: 1. The City agrees to provide Customer with water service from its Municipal Water System to service the real property described as follows and which Customer represents is owned by Customer: (Exhibit A) 2. The Customer and the City hereby agree that there are ~ Equivalent Residential Connections which City shall service. 3. The Customer agrees to pay all costs and fees of engineering, 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 tbe 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 the event the City has such work performed, the Customer will also advance such additional funds as may be necessary to pay the total actual costs incurred by the City. 4. Any water main extension made pursuant to this Agreement shall be used only by the Customer, unless written consent is granted by the City of Boynton Beach for other parties to connect. All connections shall be made in accordance with the Codes and regulations of Boynton Beach. 5. Title to all mains, extensions and other facilities extended from the City Water Distribution System to and including the metered service to Customer shall be vested in the City exclusively unless otherwise conveyed or abandoned to the property owner. 6. The Customer agrees to pay all charges, deposits and rates for service and equipment in connection with water service outside the City limits applicable under City Ordinances <I11d 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 irritiated. The property shall be subject to annexation at the option of the City at any time the property is eligible under any available means or method for annexation. Customer will inform any and all assigns or purchasers of any or part of this property of this covenant and of the irrevocable special power of attorney, but Customer's failure to provide such notice shaD not constitute a defense or bar to the City's rights as set forth herein. The Customer acknowledges that the consideration of irritially 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 I above. This Agreement and the power of attorney referenced herein is to be recorded in the Public Records ofPahn Beach County, Florida, and the Customer and all subsequent transferee, grantees, heirs or assigns of Customer shall be binding on the Customer and all successors and assigns, 10. It is agreed that the City shall have no liability in the event there is a reduction, impairment or 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, I I. The Customer hereby agrees to indemnify, defend and hold hannless the City of Boynton Beach, Florida, its Mayor, Members of the City Commission, Officers, employees and agents (Both in their individual and official capacities) from and against all claims, damages, law suits and expenses including reasonable attorneys fees (whether or not incurred on appeal orin connecti9n with post judgment collection) and costs rising out of or resulting from tbe Customer's obligation under or performance pursuant to this Agreement including disputes for breach of warranty of title. 12. No additional agreements or representations shall be binding on any of the parties hereto unless incorporated in tbis 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 tbe City that Customer holds legal and benefIcial title to the property which is the subject of this Agreement. IN WITNESS WHEREOF, the parties hereto bave set their hands and seals this.QL day of JaA'R/tif.&/c.) ,20ll5. ( itness Signature / INDIVIDUAL(S) AS OWNER(S): --/ . /./ ~ \6<'- 0A.. ('~ /'L_ " Owner Signature ./ uls a,.N ('A)ves Printed Owner Name -::7Zt&T/I A-/Y?-~ Printed Witness Name 0~~ Witness Signature p~d~i~ne~ N~~itm~- 3 Witness Signature Owner Signature Printed Witness Name Printed Owner Name Witness Signature Printed Witness Name FOR lNDlVJDUAL (S) NOTARIZATION: STATE OF FLORIDA ) ) ss: COUNTY OF PALM BEACH) I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared Lt.iuJ b-t,r!fir,lues to me known to be the person(s) described in and who executed the foregoing instrument that he/she acknowledged before me that he/she executed the same; that the individual was personally known to me or provided the following proof of identification: FL Dt- 1f1 WITNESS my hand and official seal in the County and State last aforesaid this -#,qtJ-- day of '.P..-NJlYI h.p y , 200f.' , (Not m"p~n ....;:;;'.1::"".., VAlORIE MOATS t:r~~.! MY COMMISSION I DO 346198 ''i'~'" EXPIRES: Sop/ember 17, 2008 ".:r.P.t.,~hit-.. BondsdThfllNOIlryPublicUoderwritlrs 7~~J 1J7H1* Notary Public WITNESS: CITY OF BOYNTON BEACH, FLORIDA Kurt Bressner, City Manager AITEST: City Clerk STATE OF FLORIDA ) 4 STATE OF FLORIDA ) ) ss: COUNTY OF PALM BEACH) 1 HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared , City Manager and , City Clerk respectively, of the City named in the foregoing agreement and that they severally acknowledged executing same in the presence of two subscribing witnesses freely and voluntarily under authority duly vested in them by said City and that the City seal affixed thereto is the true corporate seal affixed thereto is the true corporate seal of said City, WITNESS my hand and official seal in the County and State last aforesaid this __,200_. day of (Notary Seal) Notary Public Approved as to fonn: City Attorney 5 Palm Beach County Property Appraiser Property Search System Page I of2 1IIf!~i:'!J'~"''' ',"~f'\ iPropor1'l Appr....'. P' bl" A:e." "',"01 1]- 'Ti'r,), ~ ~" . .. , If' t';.OJ, ... '.. r-: .:: ~"" ,Jk.Hii., "" i -, ., ~~I_H.k' .&. . Property Information Location Address: 1042 ALTO RD ~,-.I Municipality: UNINCORPORATED Parcel Control Number: 00-43-45-09-09-000-2840 Subdivision: RIDGE GROVE ADD 1 IN Official Records Book: 08596 Page: 1393 Sale Date: Jan-1995 Legal Description: RIDGE GROVE ADD NO 1 LT 284 Owner Information Name: GONCALVES LUIS ~"..I Mailing Address: 2840 KENTUCKY ST WEST PALM BEACH FL 33406 4243 Sales Information Sales Date Book/Page Price Sale Type Owner Jan-1995 08596/1393 $33,000 WARRANTY DEED Nov-1993 08000/1502 $17,900 CERT OF TITLE Jan-1973 0224S/1859 $21,300 WARRANTY DEED [Exemptions Exemption Information Unavailable. Appraisals Tax Year: Improvement Value: Land Value: Total Market Value: Use Code: 0100 2005 2()04 2003 52 45 5 941 3 73 23 32 12 81 11 52 $75,77 $58,75 $55,25 Description: RESIDENTIAL Tax Year 2005 Number of Units: 1 *Total Square Feet: 1059 * in residential properties may indicate living area. Assessed and Taxable Values Tax Year: 2()05 Assessed Value: 75,77 Exemption Amount: Taxable Value: 75 77 2004 5875 2003 5525 ~ 5875 5525 Tax Values Tax Year: Ad Valorem: Non Ad Valorem: Total Tax: 2005 $1 24 1 8 2004 11 191 133 2003 108 19 127 ~ ~,,,,~..I ~.,--~ ~ I"~"'.....,,..,I NOTE: lower the top and bottom malgl. to 0.25 on File->Page Setup menu option in the browner to print the detail on one page. Record Search I InformatiQn I Exemptions I Community I Employmen.t I New Home!3lJyer I Qffice Locations Value Adjustment Board I SaveQur Homes I Senior~9rner I Disclaimer Home I links I Glossary I FAQ I Forms I Contact Us I PAPA http://www.co.palm-beach.fl.usipapaJaspxiweb/detail_info.aspx?p - entity=004345090900'''rj;_4:~ -A- THIS INSTRUMENT PREPARED BY: James k Cheraf, Esquire 3099 East Commercial Blvd. Suile 200 Ft. Lauderdale, FL 33308 IRREVOCABLE SPECIAL POWER OF ATTORNEY (By Individuals) STATE OF FLORIDA COUNTYOF?OQ/'Yl toN'Y) I/We, LU1S QDn(Q(veS , hereinafter "Grantee", hereby make, constitute, and appoint THE CITY OF BOYNTON BEACH, FLORIDA, true and lawful attorney in fact for Grantee and in Grantee's name, place and stead, for the sole purpose of executing on behalf of Grantee the power to initiate, maintain, and complete a voluntary petition for annexation of the real property described herein into the CITY OF BOYNTON BEACH. This power shall extend to the CITY OF BOYNTON BEACH full and complete authority to act on Grantee's behalf to accomplish annexation by any available means. The real property which is the subject of this power is described as follows: 00- </3 -qS- -09 -09 - OO() - 2'8LfO The powers and authority of my attorney, THE CITY OF BOYNTON BEACH, FLORIDA, shall commence and be in full force and effect on the 2q'iJ:t day of \~f{p ",,1oe.t2.. ,20~ and the powers and authority shall be irrevocable by Grantee. IN WITNESS WHEREOF, we have hereunto set our hands and seals the ~ day of J0 (if em he v ,in the year two thousand and.t I v'~. ~~ . ness Signature ~$T./f ~4 /f'~& Printed Witness Name ~ fl- Witness Signature ~GAol f1- Sealed and delivered in the presence of k; /~~,L , Owner SignalOre ,/// 'f ~/I/ ('"~+!/F'r Printed Owner Name ~- flILa.k&~ Printed Witness Name Witness Signature Owner Signature Printed Witness Name Printed Owner Name Witness Signature Printed Witness Name STATE OF FLORIDA ~DL ) ) ss: COUNTY OF PALM BEACH ) THE FOREGOING INSTRUMENT was acknowledged before me this~ day of ~E'mhN , 2~, by frO()('fl!lh> <; and , who are known to me or who have produced , as ident;;!;;:;:;:;; take an oath. NqT}\RY F:UBLl<j ~ .J..- '(a (D r I e.- t'L Oa.~ Type or Print Name ' Commission No. ::D..DilfL<-/9F( I '':/ii'''''' VAlOAIE MOATS I (:\";A."iii:~ MY COMMISSION * DO 3<16198 , ~"~'1! EXPIRES: September 17, 2008 ~t:P.::.r..Cf." BondedlhruNOCluyPOOlcUnderwrilen My Commission EXPires:9!1'7/d008 POA.IND .. --r 60 0050 ~- ---- {--- 0040 i 0030 0020 -T~0010 I 1 in, = 80.4 feet r 270 3290 3310 3321 3360 3380 40 3410 AL 930 I 28A( 83 I! 2810 j 2800 2910 2890 2871 2850 650 67 68 69 70 71 72 2730 2750 78 2790 ... ,F!EAKRD -1-- 11 2300 29' 28 27 26 25 2230 22 2200 2180 2040 06 2070 2090 11 12 2130 2141 2160 Q( Location Map - 1042 Alto Rd attorney's fees and costs in connection with the LESSEE's use of the Premises, including but not limited to loss of life, bodily or personal injury, property damage or loss of income arising from or out of any occurrence in, upon or at or from the Premises, unless caused bv CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM VI.-CONSENT AGENDA ITEM C.4. 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 Meetine: Dates in to City Clerk's Office D December 6, 2005 November 14,2005 (Noon.) 1&1 February 7, 2006 January 17,2006 (Noon) D December 20, 2005 December 5, 2005 (Noon) D February 2],2006 February 6, 2006 (Noon) D January 3. 2006 December 19,2005 (Noon) D March 7, 2006 February 21, 2006 (Noon) C January] 7, 2006 January 3,2006 (Noon) D March 21,2006 March 6, 2006 (Noon) D Administrative D Development Plans NATURE OF ~ 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 ,- ~': 1..) RECOMMENDATION: A Motion to approve the Lease Agreement with Child Care Center, Inc, for the prollffty at _, 909 N,E. 3" Street, Boynton Beach, FL 33425 per the terms of the agreement. Annual lease payments will be made to.. the City of Boynton Beach. _~:: ---} .~ \.~c~ EXPLANATION: In a continuing effort to work with the Child Care Center, Inc. and Palm Beach County by:::' '\" assisting with providing the facilities required for the Headstart Program to function and serve our City. The lease period would be for a five (5) year period effective October 1,2005 through September 30,2010 with an option to extend for one additional five (5) year period. PROGRAM IMPACT: The City of Boynton Beach is seeking to continue the relationship with the Child Care Center, Inc. and Palm Beach County to benefit the Headstart Program, FISCAL IMPACT: previous year. The annual lease agreement is One and 00/100 Dollar ($1.00) per year, which is no increase from %..,L ~ City Manager's Signature 'tt4/je> Department Name _\ ~--- City Attorney / Finance / Human Resources II 1 RESOLUTION NO. R 06- 2 3 A RESOLUTION OF THE CITY COMMISSION OF 4 THE CITY OF BOYNTON BEACH, FLORIDA, 5 AUTHORIZING THE EXECUTION OF THE LICENSE 6 AGREEMENT BETWEEN THE CITY OF BOYNTON 7 BEACH AND THE CHILD CARE CENTER, INC.; AND 8 PROVIDING AN EFFECTIVE DATE. 9 10 WHEREAS, upon recommendation of staff, the City Commission has determined 11 that it is in the best interests of the residents of the City to execute a Lease Agreement with 12 Child Care Center, Inc., to operate a community service center with the primary activity 13 being child care and child care related activities located at 909 Northeast 3rd Street, Boynton 14 Beach, Florida; and 15 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 16 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 17 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 18 being true and correct and are hereby made a specific part of this Resolution upon adoption 19 hereo f. 20 Section 2. The City Commission of the City of Boynton Beach, Florida does 21 hereby authorize the execution of the Lease Agreement with Child Care Center, Inc" to 22 operate a community service center with the primary activity being child care and child care 23 related activities located at 909 Northeast 3rd Street, Boynton Beach, Florida, a copy of 24 which is attached hereto as Exhibit "A". 25 26 Section 3. This Resolution shall become effective immediately upon passage. II I 1 PASSED AND ADOPTED this _ day of February, 2006. 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 ATTEST: 20 21 22 23 City Clerk 24 25 26 (City Seal) LEASE AGREEMENT THIS IS A LEASE AGREEMENT, made this day of and between: , 2005, by CITY OF BOYNTON BEACH, a municipal corporation organized and operating pursuant to the laws of the State of Florida, with a business address of 100 E. Boynton Beach Blvd., Boynton Beach, FL 33425 hereinafter referred to as "LESSOR"; and CHILD CARE CENTER, INC.., whose address is, 909 NE 3rd Street, Boynton Beach, FL 33425, hereinafter referred to as "LESSEE". For and in consideration of these Premises, the rents reserved and the agreements and covenants herein contained, the LESSOR does hereby lease and demise unto the LESSEE, and the LESSEE does hereby hire and take from the LESSOR, the Premises specified below (hereinafter the "Premises") upon the terms and conditions set forth herein, ARTICLE I. FUNDAMENTAL LEASE PROVISIONS LESSOR Name: City of Boynton Beach Attn: City Manager 100 E, Boynton Beach Blvd., Boynton Beach, FL 33425 (561) 742-6010 (561) 742-6011 Address: Telephone No.: Facsimile No.: LESSEE Name: Child Care Center, Inc. Attn: Lena Rahming 909 NE 3'd Street Boynton Beach, FL 33425 (561) 742-6055 (561) Address: Telephone No.: Facsimile No.: Premises: The Premises located at 909 NE 3'd Street, Boynton Beach, Florida 33425, A depiction of the leased Premises is attached hereto as Exhibit "A". Lease Term: Five (5) Years with the option for one (1) five (5) year renewal. Annual Base Rent: One and 0011 00 Dollar ($1,00) per year, plus applicable sales tax. Permitted Use: Operation of a community service center with the primary activity being child care and child care related activities such as food Page I ofl8 service, family support, and such other uses as are incidental to the operation thereof. Lease Effective Date: October I, 2005 Term Effective Date: October 1,2005 Rent Commencement Date: LESSEE shall be obligated to commence rental payments upon October I, 2005, ARTICLE II. DEFINITIONS The following definitions shall apply: A. BASE RENT: The Base Rent to be paid by LESSEE pursuant to the provisions herein. B. THE PREMISES: The premises located at 909 NE 3rd Street, Boynton Beach, Florida 33425, as depicted in Exhibit "A" attached hereto, which is hereinafter referred to as the "Leasehold Premises" or the "Premises". C. HOURS OF OPERATION: LESSEE may designate its own hours of operation between the hours of 6:00 a,m, through 8:00 p.m. Monday through Friday. There shall be no hours of operation on Sunday or outside the permitted hours of operation provided herein, without the prior written consent of LESSOR, which consent shall not be unreasonably withheld. ARTICLE III RENT AND OTHER CHARGES A. ANNUAL BASE RENT: LESSEE shall pay no later than October I, 2005 and each year thereafter, throughout the term of this Lease, the sum specified as Base Rent under Article 1. Such payment shall be made at the office of the LESSOR as set forth in Article I or at such place LESSOR may from time to time designate by written notice directed to LESSEE at the Premises, B. LEASE TERM AND RENEWALS: The term shall be five (5) years beginning on October I, 2005. LESSEE shall have one (I) five (5) year option to renew the Lease. In order for LESSEE to exercise its renewal option, LESSEE must provide written notice of its intent to renew at least sixty (60) days prior to the expiration ofthe then current term, C. TAXES: LESSEE acknowledges that it shall be responsible for the payment of any and all real property taxes as well as any special assessments imposed against the Leasehold Premises. LESSEE shall further pay, or cause to be paid, before delinquency, any and all taxes levied or assessed and which become payable during the Term hereof upon all LESSEE's equipment, furniture, fixtures, and any other personal property located in the Premises. In the event any or all of LESSEE's equipment, furniture, fixtures and other personal property shall be assessed and taxed with the real property, LESSEE shall pay to Page 2 of 16 LESSOR its share of such taxes within ten (10) days after delivery to LESSEE by LESSOR of a statement in writing setting forth the amount of such taxes applicable to LESSEE's property, LESSEE shall at all times be further responsible for all applicable taxes including, but not limited to, Florida Sales Tax arising out of or associated with this Lease Agreement. LESSEE shall provide to LESSOR at the time of execution of the Lease Agreement, and each year thereafter, a copy of its certificate of tax exemption, LESSEE shall assume full responsibility for all mechanic's or materialman's liens for work done on the Premises by or on behalf of LESSEE which may be hereafter lawfully levied against the subleased premises, D. INSURANCE: LESSOR represents warrants to LESSEE that it is self insured for commercial general liability, and shall maintain, at its own cost, "All Risk" insurance on the building in which the Premises are located, LESSEE shall be required to obtain insurance as set forth in Article VI set forth herein and to identify LESSOR as an additional insured. E. UTILITY CHARGES: LESSEE shall be solely responsible for and shall promptly pay all charges for heating, air-conditioning (including a maintenance contract), electricity, telephone, water, sewer, gas, trash collection, daily janitorial service and interior and exterior window cleaning, and all other services and utilities and shall also pay all costs and expenses for the installation of such Utilities, and for the extension of any and all lines necessary to provide such Utilities and services to the Premises, and all connection fees, assessments and charges related thereto, F. LATE PAYMENT CHARGE: In the event any monthly installment of Rent and/or other charges is not paid within ten (10) days of its due date, as set forth in this Lease, LESSEE agrees to pay as a late charge an amount equal to five percent (5%) of the monthly installment of Rent that is due and payable as compensation to LESSOR for its additional administrative expenses in processing late payments, ARTICLE IV. NET LEASE NET LEASE INTENDED UNLESS EXPRESSLY PROVIDED OTHERWISE: LESSEE acknowledges and agrees that it is intended that this Lease shall be a Net Lease to LESSOR, except as otherwise provided herein. LESSEE shall pay the charges, impositions, costs and expenses relating to environmental matters, fire and life safety codes, employee health and safety and the American's With Disabilities Act, all with respect to LESSEE's particular use on the Premises, and the operation of its business, except to the extent that any such charges, costs, or expenses arise out of, or results from, the acts or omissions of LESSOR, its agents, employees, or contractors. ARTICLE V. PREMISES Page 3 of 16 A. QUIET ENJOYMENT: LESSOR covenants and agrees with LESSEE that so long as LESSEE complies with the terms of this Lease, LESSEE shall have quiet and undisturbed continuous possession of the Premises for the Lease term, LESSOR shall obtain within ten (10) days from the Effective Date of this Lease, from its mortgagee, if any, a non- disturbance statement acknowledging its LESSEE's right to possession of the Leasehold Premises, B. USE OF THE PREMISES AND COMMON AREAS: During the entire Lease Term, and all extended terms thereof, the Premises must be used and occupied for the sole use specified under Article I and for no other purpose or purposes without the written consent of the LESSOR, which consent shall not be unreasonably withheld, LESSEE shall have the right to use all parking and other common areas provided for the building in which the Premises are located, Such use shall be in common with other lessees located at the Premises address. C. PERMITS AND LICENSES: LESSEE shall procure at its sole expense any and all permits and licenses required for the transaction of business in the Premises and will at all times comply with all applicable laws, ordinances and governmental regulations relating to the business of LESSEE conducted at the Premises, D. BUSINESS OPERATIONS: LESSEE agrees to conduct its business at all times in a reputable manner and in accordance with all governmental regulations, laws and professional licenses, E. EXAMINATION OF PREMISES: LESSOR represents and warrants to LESSEE that is has fee simple title to the property and has properly exercised all requisite corporate authority to execute this Lease and that the terms and provisions of the lease are binding on it. F. MAINTENANCE: 1. By LESSEE: LESSEE shall at all times, at its own cost, keep and maintain the Premises (including, without limitation, the roof, foundations and other structural portions of the Premises and building), all entrances, all glass, windows, moldings and storefronts) and all partitions, doors, fixtures, equipment and appurtenances thereof and improvements thereto (including, without limitation, lighting, heating, ventilation and plumbing fixtures and equipment and wiring and its air conditioning system and fire and security alann systems) in good order, condition and repair and shall replace any of the same as required by LESSEE. LESSEE shall be responsible for pest control on the premises, 2. By LESSOR. LESSOR shall at all times, at its own cost, keep and maintain the following: a) Fencing on the premises; b) Playground equipment; Page 4 of 16 c) parking lot, (including lighting and signage); d) landscaping and irrigation system; e) Potable water and sanitary sewer systems; f) Telephone and cable wiring to the building; g) Hurricane shutters G. ACCESS: After written notice to LESSEE, no less than thirty (30) days is advance, LESSOR shall have the right to place, maintain and repair all utility conduits and equipment of any kind, upon and under the Premises as may be necessary for the servicing of the Premises, With respect to such actions, LESSOR shall use all reasonable efforts to not to interfere with the operation of LESSEE's business, H. EASEMENTS: LESSOR reserves all rights to the air space over and under the Premises. I. IMPROVEMENTS: LESSEE shall have the right to fully equip the Premises with all equipment, lighting fixtures, furniture, operating equipment, furnishings, floor coverings and any other equipment necessary for the operation of LESSEE's business, LESSEE shall not make any alterations in or additions to the Premises, which require the issuance of a building permit, without first obtaining the consent of the LESSOR, which consent of the LESSOR may not be unreasonably withheld. If alterations become necessary because of the application of laws or ordinances, rules or regulations of any regulatory body to the business carried on by the LESSEE hereunder, or because of any act of default on the part of the LESSEE, or because LESSEE has overloaded any electrical or other utility facility, LESSEE shall make any required alterations whether structural or nonstructural at it's own cost and expense after first obtaining LESSOR's written approval of plans and specifications, All improvements shall be in accordance with all Federal, State and Local regulations and codes and will not commence prior to obtaining all applicable permits. Provided LESSEE has fulfilled all of its obligations under the Lease upon expiration of the term of this Lease, LESSEE shall have the right to and agrees to promptly remove its personal property, trade fixtures and signs, and, upon LESSEE's failure to do so, the said trade fixtures, signs and personal property shall be deemed abandoned by LESSEE and shall become the property of the LESSOR. J. LIENS: LESSEE agrees that it will make a prompt payment when due, of all costs and expenses incurred in carrying out its agreement herein and of all costs and expenses of any repairs, constructions or installations which are the responsibility of LESSEE hereunder. LESSEE agrees to indemnify, defend and save LESSOR harmless from and against any/all liabilities incurred by LESSEE including any mechanics, materialmen's, or laborers' liens asserted or claimed against the Premises or any part thereof on account of work, labor or materials used in the Premises or in any improvement or change thereof made at the request of, or upon the order of, or to discharge the obligation of LESSEE, except with respect to improvements already made. Should any mechanic's or other lien be filed against the Page 5 of 16 Premises or any part thereof as a result of such work, LESSEE shall cause the same to be cancelled and discharged of record by bond or otherwise within thirty (30) days after the date of such filing, In no event shall anything contained in this paragraph or elsewhere in the Lease be deemed to subject LESSOR's interest in the Premises to the lien of any person doing work or furnishing materials at the instance and request of LESSEE. K. DAMAGE BY FIRE OR OTHER CASUALTY: A. If the improvements, or any material part thereof, should be destroyed or damaged by fire or other casualty, LESSEE shall immediately deliver written notice thereof to LESSOR. B. If the improvements should be totally destroyed by fire or other casualty, or if they should be so damaged that rebuilding or repairs cannot be completed within one hundred twenty (120) days after the date of such damage, LESSEE, by written notice to LESSOR, may terminate this Lease Agreement effective as of the date of such damages, C. All insurance proceeds payable under insurance policies maintained by LESSEE by reason of the occurrence of such fire or other casualty shall be paid to Tenant to be applied to the cost of repair, unless this Lease Agreement is terminated pursuant hereto, in which case all such insurance proceeds shall be paid to LESSOR except for those received by reason of the loss of LESSEE's equipment, trade and business fixtures, signs and other personal property. L. SUBORDINATION: LESSOR represents that there is no mortgage on the Premises. LESSEE agrees that this Lease shall be subordinate to any mortgages, now or hereafter encwnbering the Premises or any part or component thereof, and to all advances made upon the security thereof, provided that any such mortgagee agrees in writing not to disturb LESSEE's possession as long as LESSEE is not in default hereunder after applicable cure periods, This shall be self-operative and no further instrument of subordination shall be required by any mortgagee, M. ASSIGNMENT: LESSEE shall not assign, mortgage or encumber this Lease nor sublet or suffer or permit the Premises or any part thereof to be used by others without the prior written consent of LESSOR, which consent may not be unreasonably withheld. N. SURRENDER: Upon the expiration of the Lease Term hereof LESSEE shall surrender the Premises to LESSOR in as good order and condition as they were in at the commencement of the Lease Term except for ordinary wear and tear, and casualty, ARTICLE VI. LIABILITY A. INDEMNIFICATION: LESSEE agrees and covenants that it shall indemnify, defend and hold harmless the LESSOR from all suits, actions, damages, liabilities, expenses and Page 6 of 16 Worker's Compensation Insurance shall be maintained during the life of this contract to comply with statutory limits for all employees. The following limits must be maintained: A. B. Worker's Compensation Employer's Liability Statutory $100,000 each accident $500,000 Disease-policy limit $100,000 Disease-each employee If LESSEE claims to be exempt from this requirement, LESSEE shall provide LESSOR proof of such exemption along with a written request for LESSOR to exempt LESSEE, written on LESSEE's letterhead. Comprehensive Auto Liability coverage shall include owned, hired and non-owned vehicles. A. Bodily Injury I. 2. Each Occurrence Annual Aggregate $1,000,000 $1,000,000 B. Property Damage I. 2, Each Occurrence Annual Aggregate $1,000,000 $1,000,000 LESSEE shall name the LESSOR as an additional insured on each of the policies required herein, except for Worker's Compensation Insurance, Any insurance required of LESSEE pursuant to this Agreement must also be required by any sub-contractor in the same limits and with all requirements as provided herein, including naming the LESSOR as an additional insured, in any work subcontracted unless such subcontractor is covered by the protection afforded by the LESSEE and provided proof of such coverage is provided to LESSOR, The LESSEE and any subcontractors shall maintain such policies during the term of this Agreement. LESSEE shall be responsible to maintain any and all insurance necessary in an amount adeq uate to cover the cost of replacement of all decorations and improvements, fixtures and contents in the Demised Premises in the event of a property loss, ARTICLE VII. PERFORMANCE A. DEFAULT: The following events shall be deemed to be events of default by LESSOR or LESSEE under this Lease: If Page 8 of 16 1. LESSEE shall fail to pay any installment of Rent within ten (10) days after receipt of written notice that such payment is past due, 2, LESSEE shall fail to comply with any term, provision or covenant of this Lease, other than payment of Rent and shall not cure such failure within fifteen (15) days after receipt of written notice from LESSOR. 3. LESSEE shall become insolvent or shall make a transfer in fraud of creditors or shall make an assignment for the benefit of creditors. 4. LESSEE shall file a petition under any section or chapter of the National Bankruptcy Act, as amended, or under any similar law or statute of the United States or any State thereof, or there shall be filed against LESSEE a petition in bankruptcy or insolvency or a similar proceeding and any such proceedings shall not have been dismissed within sixty (60) days after its commencement, or LESSEE shall be adjudged bankrupt or insolvent in proceeding filed against LESSEE thereunder. 5, A receiver or Trustee shall be appointed for LESSEE's interest in the Premises or for all or substantially all the assets of LESSEE. 6, LESSEE shall do or permit to be done anything that creates a lien upon the Premises, or any portion thereof subject to the LESSEE's right to use, and the lien is not released as provided for herein, 7. LESSOR's failure to maintain the Premises as required hereunder. 8. LESSOR's failure to promptly pay when due, real property taxes, special assessments, personal property taxes and insurance premiums. B. REMEDIES: Upon the occurrence of any such events of default, LESSOR or LESSEE shall have all rights and remedies available at law and in equity, including, without limitation, the right to terminate this Lease Agreement. C. BANKRUPTCY: I, Asswnption of Lease, In the event LESSEE shall become a Debtor under Chapter 7 of the Bankruptcy Code ("Code") or a petition for reorganization or adjustment of debts is filed concerning LESSEE under Chapters II or 13 of the Code, or a proceeding is filed under Chapter 7 and is transferred to Chapters 11 or 13, the Trustee or LESSEE, as Debtor and as Debtor-In"Possession, may not elect to assume this Lease unless, at the time of such assumption, the Trustee or LESSEE has cured or provided LESSOR "Adequate Assurance" (as defined below) that: a, Within ten (10) days from the date of such assumption, the Trustee or LESSEE will cure all monetary defaults under this Lease and compensate Page 9 of 16 LESSOR for any actual pecuniary loss resulting from any existing default, including without limitation, LESSOR's reasonable costs, expenses and accrued interest and attorneys' fees incurred as a result ofthe default; b, Within thirty (30) days from the date of such assumption, the Trustee or LESSEE will cure all non-monetary defaults under this Lease; and c, The assumption will be subject to all of the provisions of this Lease, d, For purposes of this Section LESSOR and LESSEE acknowledge that, in the context of a bankruptcy proceeding of LESSEE, at a minimum "Adequate Assurance" shall mean: 1. The Trustee has and will continue to have sufficient unencumbered assets after the payment of all secured obligations and administrative expenses to assure LESSOR that the Trustee or LESSEE will have sufficient funds to fulfill the obligations of LESSEE under this Lease, and to keep the Premises stocked with merchandise and properly staffed with sufficient employees to conduct a fully operationally, actively promoted business in the Premises; and 11. The Bankruptcy Court shall have entered an Order segregating sufficient cash payable to LESSOR and/or the Trustee or LESSEE shall have granted a valid and perfected first lien and security interest and/or mortgage in property of Trustee or LESSEE acceptable as to value and kind to LESSOR, to secure to LESSOR the obligation of the Trustee or LESSEE to cure the monetary and/or non-monetary defaults under this Lease within the time periods set forth above; and HI. The Trustee or LESSEE at the very least shall deposit a sum, in addition to the Security Deposit, equal to one (I) month's rent to be held by LESSOR (without any allowance for interest thereon) to secure LESSEE's future performance under the Lease. 2. Assignment of Lease. If the Trustee or LESSEE has assumed the Lease pursuant to the provisions of this Section, for the purpose of assigning LESSEE's interest hereunder to any other person or entity, such interest may be assigned only after the Trustee, LESSEE, or the proposed assignee have complied with all of the terms, covenants, and conditions of this Lease, including, without limitation, those with respect to additional rent and the use of the Premises only as permitted herein; LESSOR and LESSEE acknowledge that such terms, covenants, and conditions are commercially reasonable in the context of a bankruptcy proceeding of LESSEE, Any person or entity to which this Lease is assigned pursuant to the provisions of the Code shall be deemed without further act or deed to have assumed all of the obligations arising under this Lease on and after the date of such assignment and Page 10 of 16 shall be bound by all terms and provisions contained herein. Any such assignee shall upon request execute and deliver to LESSOR an instrument confirming such assignment along with any other instruments the LESSOR may reasonably require. 3, Adequate Protection. Upon the filing of a petition by or against LESSEE under the Code, LESSEE, as Debtor and as Debtor-In-Possession, and any Trustee who may be appointed agree to adequately protect LESSOR as follows: a. To perform each and every obligation of LESSEE under this Lease until such time as this Lease is either rejected or assumed by Order of the Bankruptcy Court; and b, To pay all monetary obligations required under this Lease, including without limitation, the payment of Minimum Monthly Rent, and such other Additional rent charges any other amounts payable hereunder for the use and occupancy of the Premises; and c. Provide LESSOR a minimwn thirty (30) days prior written notice, unless a shorter period is agreed to in writing by the parties, of any proceeding relating to any asswnption of this Lease or any intent to abandon the Premises, which abandonment shall be deemed a rejection of this Lease; and d, To perform to the benefit of LESSOR otherwise required under the Bankruptcy Code. 4, The failure of LESSEE to comply with the above shall result in an automatic rejection of this Lease. 5. Cumulative Rights. The rights, remedies and liabilities of LESSOR and LESSEE set forth in this Section shall be in addition to those which may now or hereafter be accorded, or imposed upon, LESSOR and LESSEE by the Bankruptcy Code. D. NO WAIVER: Pursuit of any of the foregoing remedies shall not preclude pursuit of any of the other remedies herein provided or any other remedies provided by law, nor shall pursuit of any remedy herein provided constitute a forfeiture or waiver of any Rent due to LESSOR hereunder or of any damages accruing to LESSOR by reason of the violation of any of the terms, provisions and covenants herein contained. No action taken by or on behalf of LESSOR shall be construed to be an acceptance or a surrender of this Lease. Forbearance by LESSOR to enforce one or more of the remedies herein provided upon an event of default shall not be deemed or construed to constitute a waiver of such default. In determining the amount of loss or damage which LESSOR may suffer by reason of termination of this Lease or the deficiency arising by reason of any reletting of the Premises by LESSOR as above provided, allowance shall be made for the expense of repossession, including attorney's fees, any repairs or remodeling undertaken by LESSOR following repossession and brokerage commissions, Page II of 16 The failure of the LESSOR or LESSEE to insist, in anyone or more instances upon strict performance of any of the covenants or agreements in this Lease, or to exercise any option herein contained, shall not be construed as a waiver or a relinquishment for the future of such covenant, agreement or option, but the same shall continue and remain in full force and effect. The receipt by LESSOR of Rent, with knowledge of the breach of any covenant or agreement thereof, shall not be deemed a waiver of such breach and no waiver by the LESSOR of any provision hereto shall be deemed to have been made unless expressed in writing and signed by LESSOR, E. RIGHT TO CURE; ATTORNEY'S FEES: If either party defaults under this Lease, LESSOR or LESSEE may, at its option, immediately or at any time thereafter, without waiving any claim for breach of agreement and after notice, cure such default. Upon such occurrence, the defaulting party shall promptly reimburse the non-defaulting party for all costs and expenses incurred in the curing of the default. If LESSOR or LESSEE shall institute an action or swnmary proceeding against the other party based upon such default then the prevailing party shall be entitled to recover all costs and expenses incurred in curing such default, including reasonable attorney's fees, at the trial and appellate levels which sums, together with interest, at the highest rate allowable by law, shall be due and payable upon demand. F. INTERPRETATION: The covenants and agreements herein contained shall bind and the benefits and advantages hereof shall inure to the respective heirs, legal representatives, successors and assigns of the parties hereto, Whenever used, the singular number shall include the plural, the plural shall include the singular and the use of any gender shall include all genders. This Lease may not be changed orally, but only by an agreement in writing and signed by the party against whom enforcement of any waiver, change, modification or discharge is sought. The marginal notes and headings of this Lease are inserted only as a matter of convenience and for reference and in no way define, limit or describe the scope of intent or otherwise affect in any way this Lease, This agreement shall create the relationship of LESSOR and LESSEE between the parties hereto, No estate shall pass out of LESSOR. LESSEE shall have only an interest not subject to levy and sale and not subject to assignment except in accordance with the provisions hereof. Should any of the printed provisions of this Lease require judicial interpretation, it is agreed that the court interpreting or construing the same shall not apply a presumption that the terms of any such printed provision shall be more strictly construed against one party by reason of the rule of construction that a document is to be construed more strictly against the party who itself or through its agent prepared the same it being agreed that the agents of all parties have participated in the preparation of this Lease and that all terms were negotiable. G. ENTIRE AGREEMENT: Notwithstanding anything herein contained or contained in any other writings concerning the Premises by either of the parties hereto, the parties hereto agreeing hereby that all such other writings are hereby superseded and/or merged into this Lease which shall be the entire agreement of the parties concerning said Premises, This Lease shall not become binding as such upon LESSOR unless all preliminary conditions required to be performed by LESSEE are so performed, Page 120f16 LESSEE acknowledges that LESSOR, including LESSOR's agents and employees, has not made any statement, promise or agreement or taken upon itself any engagement whatsoever, verbally or in writing, in conflict with the terms of this Lease, or that in any way modifies, varies, alters, enlarges or invalidates any of its provisions and that no obligation of the LESSOR shall be implied in addition to the obligations herein expressed. ARTICLE VIII. HAZARDOUS WASTES A. LESSEE represents that it shall comply with all local, state and federal laws regulating hazardous waste, Furthermore, LESSEE agrees that it shall be responsible for the lawful disposal, storage and utilization of all substances that may be deemed to be "hazardous" under any of the local, state or federal laws, B. Corrective Action means investigation, active remediation, passive remediation, or monitoring or any combination of these activities, Any Corrective Action performed by LESSEE will be performed in accordance with applicable regulatory requirements, ARTICLE IX. MISCELLANEOUS A. BINDING EFFECT: The terms, provisions and covenants contained in this Lease shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, successors-in-interest and legal representatives except as otherwise expressly provided herein, B. RADON GAS: In 1988, the Florida legislature passed a provIsIOn that requires the following notification to be provided on at least one document, form or application executed at the time of or prior to the Contract for Sale and Purchase of any building or execution of a rental agreement for any building: "RADON GAS: Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time, Levels of radon that exceed federal and state guidelines have been found in buildings in Florida, Additional information regarding radon and radon testing may be obtained from your county public health unit." C. SECURITY MEASURES: LESSEE hereby acknowledges that the rental payable to LESSOR hereunder does not include the cost of guard service or other security measures, and that LESSOR shall have no obligation whatsoever to provide same, LESSEE assumes all responsibility for the protection of LESSEE, its employees, agents and invitees from acts of third parties, except in the event LESSOR at any time provides or arranges for the provision of such services, Page 13 of 16 D. AUTHORITY: If LESSEE is a corporation, trust or general or limited partnership, each individual executing this Lease on behalf of such entity represents and warrants that he or she is duly authorized to execute and deliver this Lease on behalf of said entity, If LESSEE is a corporation, trust or partnership, LESSEE shall, prior to or simultaneous with execution of this Lease, deliver to LESSOR evidence of such authority satisfactory to LESSOR. E. TIME OF ESSENCE: Time is of the essence of this Lease and each and every provision hereof. F. NOTICES: Notices shall be in writing delivered by hand, or by certified mail, return receipt requested, or overnight delivery by nationally recognized service, to the addressee at the address set forth herein, or by facsimile transfer, and shall be deemed to have been delivered on the date of receipt of such notice, if hand-delivered, or, ifmailed, on the date the receipt for which the certified mail is signed or refused, by the addressee or its authorized agent or employee, or ifby overnight delivery service, upon the earlier of receipt or two (2) business days after deposit, or if by facsimile transfer, by confirmation of transmission, with the original being sent by any of the other methods designated in this paragraph within forty- eight (48) hours of transmission. Either party may change the address for notice to that party by delivering written notice of such change in the manner provided above, such change to be effective not sooner than ten (10) days after the date of notice of change, If either party relies upon a hand delivery as described herein, then the party using this medium shall maintain an appropriate receipt of delivery, in the normal course ofbusiness. LESSOR: Kurt Bressner City of Boynton Beach I 00 E. Boynton Beach Blvd. Boynton Beach, FL 33425 Telephone No. (561) 742-6010 Facsimile No. (561) 742-6090 James A. Cherof, City Attorney Goren, Cherof, Doody, Ezrol, P.A. 3099 East Commercial Boulevard, Suite 200 Fort Lauderdale, Florida 33308 Telephone No. (954) 771-4500 Facsimile No, (954) 771-4923 COpy TO: LESSEE: Boynton Beach Child Care Center, Inc, Attn: Lena Rahming 909 NE 3m Street Boynton Beach, Florida 33425 Telephone No, (561) Facsimile No. (561) G. RECORDING: Neither LESSOR nor LESSEE shall record this Lease, nor any memorandum hereof, in the Public Records of Broward County, Florida, or any other Page 140f16 place. Any attempted recordation by LESSEE shall render this Lease null and void, and shall entitle LESSOR to the remedies provided for herein by LESSEE's default. H. P ARTlAL INVALIDITY: If any provision of this Lease or application thereof to any person or circumstance to any extent be invalid, the remainder of this Lease or the application of such provision to persons or circumstances other than those as to which it is held invalid shall not be affected thereby and each provision of this Lease shall be valid and enforced to the fullest extent permitted by law. I. VENUE: In any proceeding brought relative to the terms or provisions of this Lease, venue shall be in Palm Beach County, Florida. J. NO REPRESENTATION: LESSEE agrees and acknowledges that it has not relied upon any market projections, master development plans, circulars, prospectus, advertisements, drawings, phases, or any other representations made by the LESSOR, its employees and officers, brokers or agents in executing this Lease other than those set forth herein. LESSEE has independently determined the economic benefits ofleasing the Premises, K. ACCORD AND SATISFACTION: No payment by LESSEE or acceptance by LESSOR of a lesser amount than the Monthly Base Rent or other amounts due hereunder shall be deemed to be other than on account of the earliest Monthly Base Rent or other amount due, nor shall any endorsement or statement on any check or payment, or any letter accompanying any check or payment, be deemed an accord and satisfaction, and acceptance of such check or other payment shall be without prejudice to LESSOR's right to recover the balance of such Monthly Base Rent or other amount due, or pursue any other remedy provided herein or by law, IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day and year first written above. LESSOR: CITY OF BOYNTON BEACH BY: ATTEST: KURT BRESSNER, CITY MANAGER BY: JANET PRAINITO, CITY CLERK APPROVED AS TO FORM: BY: OFFICE OF THE CITY ATTORNEY Page 150fl6 LESSEE: BOYNTON BEACH CHILD CARE CENTER, INC. f. Rt. . Z~ ~~L By: Title: WITNESSES: FJML:/ /24:4 ~ Print Name: C7Nd K I'> G- STATE OF FLORIDA ) ) ss: COUNTY OF PALM BEACH) BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgments, personally appeared as of , a company authorized to conduct business in the State of Florida, and acknowledged execution of the foregoing Agreement as the proper official of , for the use and purposes mentioned in it and that the instrument is the act and deed of that corporation. IN WITNESS OF THE FOREGOING, [have set my hand and official seal at in the State and County aforesaid on this day of ,2005. NOTARY PUBLIC (Name of Notary Typed, Printed or Stamped) H;\] 990\900] 82.BB\AGMT\Child Care Center Inc.l.doc Page 16 of 16 I\oard Df County Commissioners Ken L Foster, Chairman Burt Aaronson, Vice Chairman Karen T. Marcus Carol A. Roberts Warren H. Newell Mary McCarty Maude Ford Lee ./~7~/_ -tJe---' I. . _ County Administrator Robert Weisman Facilities Planning, Design Construction Departmenl March 7, 1995 R9S-304-0 Boynton Beach Child Care Center (jAttn: Mrs. Sarah J. Coston 6803 Kingston Drive Lantana, FL 33462 City of Boynton Beach Attn: Carrie Parker, City Manager 100 E. Boynton Beach Blvd. Boynton Beach, FL 33425 Re: Renewal of SUblease Agreement (Resolution No. R90-1697D) dated October 2, 1990 as subsequently amended by Amendment Number One to SUblease Agreement (Resolution No. ,~93-775D) dated July 6, 1993 by and between. Boynton Beach Child Care center, Inc. (Sublessor) and Palm Beach County on behalf of the Palm Beach County Community Services Department (Sublessee) for the Premises located at 909 N. E. 3rd Street, Boynton Beach. CERTIFIED MAIL Z693084888 Z693084889 RETURN RECEIPT REQUESTED Dear Mrs. Coston and Ms. Parker: Pursuant to Paragraph 2 of the Prime Lease attached as Exhibit "A" to the referenced SUblease Agreement, Palm Beach County, on behalf of the Palm Beach County Community Services Department, as SUblessee, is hereby exercising its option to extend the Term Ofl the referenced Sublease Agreement for an additional five (5) year period effective June 1, 1995. Sincerely, PALM BEACH COUNTY, FLORIDA B OARD F COUNTY COMMISSIONERS DOROTHY H. WILKEN, CLERK , BY:~;L~ Deputy C - :]i"'--, ~ I, :: ,'.. B" "0" ;;-0/ ~\.., ~4c. \0" RECEIVED ~Q:;,Q.'?' 'S-.;~ . $6; COUNTY, :~~ :~Cf.h .",: MAR 23 19'15 \ J':",< 0 R \t)"'" 'oJ!!!] ',"..I.'.. ..~~.: ',y-~.... ....~"'- MANAGER'S OFFIC6sCHlLO.CAR ",.{O -*'5'0,..'- \\.","'"........... MAR 0 7 1995 CY ~ "An Equal Opportunity -Affirmative Action Employer" ~ Drinted on rBCllCl&d mUll., 3323 Belvedere Road, Building 503 West Palm Beach, Florida 33406 (407) 233-0200 Arlm_FAY.14n7\.,~~Ln.,n,;: 1>.......__ rAV""n~\"''''''n...... ..-................., ..__.___ ____ "/1'" 1. Paragraph l.(b) of the Sublease is hereby amended by the addition of the following: "Effective June 1, 1993 Sublessor shall annually provide Sublessee with a copy of all certificate(s) of insurance issued in accordance with the schedule of required insurance stipulated in Exhi.bit "B" of the prJme Lease. The certificate(s) of ins~rance delivered to Sublessee shall be accompanied by a copy of all lnvolce(s) evidencing Sublessor's payment in full of the associated insurance premium(s). Within forty-five (45) days of its receipt of the aforementioned documentation, Sublessee shall reimburse Sublessor an amount equal to the, insurance premium(s) paid by Suplessor, put not in excess of Three Thousand OOll)1,1:s ($3,000) per annum. Notwithstanding anything herein to the contrary, any certificate(s) of insurance issued to Sublessor shall "- v name the Sublessee as co-insured and nothing herein shall constitute a waiver Of the sovereign immunity of the SUblessee." 2. In the event of cancellation of any insurance policy or this SUblease, Sublessor shall reiJllbur.. SUblessee an amount equal to the unspent annual insurance premium(s} prorated from the date of cancellation to the date of the annual expiration of the insurance POlicY(ies), not to exceed the amount paid by Sublessee towards the cost of such insurance. 3. Nothing contained herein shall limit or modify SUblessor's obligation to lJaintain in full force and effect the insurance required' pursuant to the Prime Lealiile and the Sublease. Sublessee's only obligation with respect to such insurance shall be to reiJllburse Sublessor for the premiums therefor, not to exceed $3,000 per annum. 4. Except as specifically lllodified by this Amendment, all of the terms and conditions of the SUblease remain unmodified, in full force and effect and are hereby ratified by the parties. ZN WZTNESS WHEREOF, SUblessor and SUblessee have hereunto set their hands andseals.the day and year first above written. ATTBST: SUBLESSBB: !t B~~.tJL~~ Deputy Clerk By: ',' " Dorothy H. Wilken, Clerk BEACH COUNTY, a of the tate 'C D / . SUBLESSOR: ATTBST: J-t BOYNTON BEACH CHILD ~, INC. By: Jo-vsi.-l ~ .~ "( President APPROVED AS TO FORM AND LE L SUFFICIENCY h'\mmr\agreemnt\bbchlld.omd 05/18/93 . ,;,,;7'-. . . 2 DEPARTMENT OF PUBLIC WORKS MEMORANDUM NO. 05-144 DATE: Wilfred Hawkins, Assistant City Manager Jeffrey Livergood, Director of Pubiic Works ",)'ClL- Paula J. Lebianc, Facilities Management supervis~ December 21, 2005 TO: VIA: FROM: RE: Lease Agreement with Child Care Center, Inc. Attached please find the following items. 1. An Agenda Item Request form. 2. The Lease Agreement signed by Ms. Rahming 3. A copy of the Sublease with Palm Beach County along with the last renewal letter that Ms. Rahming could provide me with. Please advise me of any additional information that you would require in the processing of the agreement and I will certainly work on it for you. Attachments Copy: David N. Tolces, Assistant City Attorney Christine Roberts, Assistant Director of Public Works PW Fiies Facilities Files 1----R;:>-;~;-\~;::-11 r-_f,~'__~:~!_~~ ~~ ~ I ,----, ! I ~ I I " ; I . L t i I ! I I L_.__ ! ("Iny \-;-,,-'--~-"- L:~,!_~_"1 '~. -, I I , , i . ' - -..-..__.___....,l I "'.'( r"-~-~-~ICE i !'.'-.'':~ o . . " ,'0 A.';: .0" <,- , 0 N \~, V CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM VI. -CONSENT AGENDA ITEM C.5 Requested City Commission Date Final Fonn Must be Turned Requested City Commission Date Final Form Must be Turned Meetine: Dates in to Citv Clerk's Office Meetin!! Dates in to Citv Clerk's Office 0 December 6, 2005 November 14,2005 (Noon.) [8:J February 7, 2006 January 17.2006 (Noon) 0 December 20, 2005 December 5, 2005 (Noon) 0 February 21,2006 February 6, 2006 (Noon) 0 January 3, 2006 December 19,2005 (Noon) 0 March 7, 2006 February 21. 2006 (Noon) 0 January 17, 2006 January 3, 2006 (Noon) 0 March 21, 2006 March 6, 2006 (Noon) " ~--j 0 Administrative 0 Development Plans NATURE OF [8:J Consent Agenda 0 New Business . -.,,- AGENDA ITEM 0 Public Hearing 0 Legal --,,,J 0 Bids 0 Unfinished Business ")") -.~.I 0 Announcement 0 Presentation " 0 City Manager's Report ':c:J rv "";P"l ".')~ Vo' '10 ~ RECOMMENDATION: Motion to approve the first amendment to the agreement entered into with Progress Telecom (PTLLC Acquisition Co., LLC) on April 20, 2005, Resolution No. R05-067. The initial phase of the project was approved by City Commission to be conducted within the CRA area and the Heart of Boynton corridor. EXPLANATION: The City of Boynton Beach entered into an agreement with Progress Telecom to implement Wi-Fi services within the city. Amendments to the original contract are necessary because the original agreement lacked detailed specifications of the support to be provided by Progress Telecom. This first amendment specifically outlines what services are expected from Progress Telecom in order to complete the project. It clarifies the scope of the project and the capabilities of the technology. It dictates that Progress Telecom will provide site acquisition for installation of the equipment. PROGRAM IMPACT: This first amendment is necessary for the continuation of the project. FISCAL IMPACT: This first amendment will have no fiscal impact on the original project. ALTERNATIVES: Discont~ject Peter Wallace Director ofI.T.S. City Manager's Signature ~rneY I Finance I Human Resources Department Name S:\BULLETIN\FORMSIAGENDA ITEM REQUEST FORM. DOC FIRST AMENDMENT TO CITY AGREEMENT THIS FIRST AMENDMENT TO CITY AGREEMENT (the "Amendment") is entered into this _day of October, 2005 ("Effective Date") by and between the Citv of Bovnton Beach, with offices located at 100 East Bovnton Beach Blvd.. Bovnton Beach. FL 33425 (hereinafter the "Customer"), and PTLLC Acauisition Co.. LLC, a Delaware limited liability company with offices located at 100 Second Avenue South. Suite 400 South. St. Petersbura. FL 33701 (hereinafter "Provider"). Provider and the Customer may be referred to individually as "Party" or collectively as "Parties." WHEREAS, the Customer and Provider entered into that certain City Agreement last signed April 20,2005 (the "Agreement"); and WHEREAS, the Customer and Provider desire to amend Agreement as set forth herein. NOW THEREFORE, in consideration of these mutual undertakings herein contained, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Customer and Provider, intending to be iegally bound hereby, agree as follows: 1. Effective upon execution of this Amendment and Schedule A attached hereto, the Agreement is hereby amended as specified herein. 2. Amendments. Customer and Provider hereby agree that the Agreement shall be amended, modified, and changed as follows: a. Provision of Services. The Provision of Services Section of the Agreement is hereby deleted and replaced with the following: Provision of Services Provider will install 802.11 wireless ("WiFi") access zones providing general coverage in the outdoor areas along the paved roadways in the areas shown on the Schedule A coverage map. The Customer may install and interconnect its 802.11 WiFi wireless capabie equipment within such coverage area. Any orders for services that extend beyond the Term shall remain subject to the terms and conditions of this Agreement as if the Term had not expired. Customer will provide routers and other security devices for connecting locations. Provider will provide the bandwidth in the areas generally identified in Schedule A that Customer will use to connect to Customer provided equipment. The connection will be deemed complete when the Provider has delivered the link to Customer. Customer represents and warrants that it is a tax exempt municipality. b. Service Level Aareement. The Service Level Agreement Section of the Agreement is hereby deleted and replaced with the following: Service Level Aareement (SLA) Shouid Customer experience a material degradation of service, Customer shall advise Provider of the material service degradation at the time it occurs, and Provider shall have twenty-four (24) hours to address such service deficiency from the time of notification. A material degradation of service is an occurrence that significantly impairs the ability of Customer to transmit and/or receive data. Due to the impact of atmospheric conditions, line of sight obstructions, interferences or other occurrences out of Provider's reasonable control, there may be (i) unforeseen interruptions of service, and (ii) outdoor areas with limited or no WiFi coverage, and (iii) little or no coverage inside of any structure. c. Limitation of Service. The following Limitation of Services section shall be incorporated into and made a part of the Agreement immediately following the Use of Services Section: Limitation of Service The services provided pursuant to this Agreement shall not be used for 911/E911 services, mission critical services or any emergency services whatsoever. The services provided pursuant to the Agreement are unprotected/non-redundant and therefore subject to materiai degradation, impairment and/or outages and thus 10f6. FIRST AMENDMENT TO CITY AGREEMENT Customer acknowledges and agrees that its uses of the services other than for completely discretionary purposes (e.g., non-critical Internet access constitutes a completely discretionary use) are at its sole liability and risk. Customer understands and acknowledges that WiFi zone coverage within any building or structure will be limited, if available at all. d. Schedule A. Schedule A of the Agreement is hereby deleted and replaced with the Schedule A attached hereto. 3. No Other Amendment. Except as expressly set forth herein, all of the terms and conditions of the Agreement shall remain in full force and effect, without any change whatsoever. 4. Authoritv. Provider hereby represents and warrants to Customer that: (i) Provider possesses full power and authority to enter into and perform this Amendment and to perform its obligations under the Agreement: (ii) the execution, delivery, and performance of this Amendment and the Agreement have been duly authorized by the members of Provider. Customer hereby represents and warrants to Provider that: (i) Customer possesses full power and authority to enter into and perform this Amendment and to perform its obligations under the Agreement; (ii) the execution, delivery, and performance of this Amendment and the Agreement have been duly authorized by the members of Customer: and (iii) Customer's performance under this Amendment and the Agreement shall not violate any federal, state, or municipal laws, rules, or regulations. 5. Counteroarts. This Amendment may be executed in two (2) or more counterparts, each of which when executed and delivered shall be deemed to be an original, and all of which when taken together shall constitute one and the same instrument. 6. Capitalized Terms. Capitalized terms used herein, but not otherwise defined, shall have the meaning ascribed to them in the Agreement. 7. Conflict. In the event there is any conflict between the terms and conditions of this Amendment and the terms and conditions of the Agreement, the terms and conditions of this Amendment will prevail. The Agreement, as amended hereby, shall remain in full force and effect. 8. Entire Aareement. The Agreement, including any Schedules to the Agreement, and this Amendment (including any Schedules hereto) constitute the entire agreement between the parties with respect to the subject matter hereof and supersede all previous agreements, oral or written, between the parties concerning the subject matter hereof. No modification or amendment of the terms of the Agreement or this Amendment shall be effective except by a writing executed by both parties. IN WITNESS WHEREOF, the parties have entered into this Amendment as of the date first written above. The undersigned Parties have read and agree to the terms and conditions set forth in this Amendment and the Schedule(s) attached hereto. SIGNATURES ON NEXT PAGE 20f6. ATTEST: By: City Clerk Approved as to Form and Legal Sufficiency: By: City Attorney WITNESSES: Print Name Print Name FIRST AMENDMENT TO CITY AGREEMENT CITY OF BOYNTON BEACH, FLORIDA By: Mayor PTLLC ACQUISITION CO., LLC By: Title: 30f6. CITY AGREEMENT SCHEDULE A WiFi Zone: Pilot Term: 6 months Termination process during Pilot Term: Customer mav cancel Service durina the 6 Month Pilot Term bv submittina 90 davs advance notice to Provider Term: 36 months Desired WiFi Coverage Area: ~CL'0 .....'ll"-__ d~___.~ 'f! I I i '" f I I I i I --_.I n, <l. ! I ! r Ii o 0.5 miles 01 I 1.'..... On.. ,,-- .~..~ ", '<Q",,~....... it' " lit JOr .' ..... RfnIIII=" ""ln~ WI.fI 'k'ltln.d ,., In ,. .....Caiu t. . YlIIIoW A.- OllR _.. CIliA.... To facilitate such WiFi coverage area, in accordance with the Equipment and Installation for Service Section of the Agreement, Customer shall provide to Provider adequate attachment rights, power, etc. at the following latitudellongitude coordinates at an elevation not less than forty (40) feet above ground level: 4016. CITY AGREEMENT SCHEDULE A Approximate General Site Location/Description LATITUDE LONGITUDE Attachment Height Above Ground Level US 1/Lakeside Harbor 26 32 59.28 N 080 03 20.58 W 40' 1/2 way down Seaview Cir off of US 1 263230.78 N 080 03 20.88 W 40' .1 miles down NE 9th east of US 1 26 32 09.24 N 0800323.04 W 40' C RA BLDG - corner of Casa Lorna and 40' Ocean Ave 2631 3804 N 080 03 24.42 W corner of SE 6th and US 1 263118.00N 080 03 28.50 W 40' corner of Woolbright and US 1 26 30 52.80 N 0800333.12 W 40' corner of SE 23rd and US 1 26 30 26.88 N 0800335.16 W 40' corner of NW 10th Ave and Seacrest Blvd 263210.38 N 08003 51.90 W 40' corner of Ocean Ave and NW 2nd 2631 38.04 N 080 04 02.58 W 40' corner of NW 10th and NW 4th 2632 10.86 N 0800412.72 W 40' on Miller Rd 1/2 way between Old Dixie and 40' US 1 2629 52.08 N 0800346.32 W 222 N.E. 9th Avenue 26 32 3.40 N 080 03 42.80 W Between 80' & 120' Charges Aggregate Access Capacity: Monthly recurring charge: Non-recurring charge: Associated WiFi Services Services - Provider will provide 802.11 b wireless access to the internet in generally open outdoor areas outlined above. As Customer has express intent to restrict access to particUlar content and web pages, Provider will provide connectivity from the Internet to Customer's filtering device, and connectivity from the 802.11 network to Customer's filtering device, provided however that Provider is not responsible for the configuration, administration or troubleshooting of Customer provided equipment or usage restriction policies. Technical Suooort Teleohone Number - Provider will provide a designated technical support telephone number, which will be prominently placed on the initial sign-on page. This technical support number will provide recorded instructions for connection to the wireless network and basic troubleshooting steps. This recording will be the sole and primary contact for customer service inquiries. Network User Instructions - Provider will provide network user instructions that Customer will be able to post on its website and use in promotional materials. Disclaimer - Provider will display Customer's disclaimer and acceptance indicator on the initial sign-on page. No advertising, commercial promotions, etc. - Unless expressly authorized by Customer, there will be no advertising, commercial promotions, etc. on the Internet access being paid for by Customer. with the exception of acknowledgement of Provider as the service provider ("Service provided by Provider"), contact information for service provider and the designated technical support telephone number provided by Provider. Provider will provide Customer the logo and phone number. ReDortina Utilization Data - Utilizing customer provided content filtering equipment, Customer will be permitted to generate real time reports showing the number of users currently online, frequency of use, duration of use, time of day, sites visited, duration of each site visited, and kilobytes downloaded from each site. Provider will provide to customer audit logs and error logs from Provider's equipment relating to the Pilot Project, upon request, to the extent that such logs are available. Online Monitoring of Utilization - Customer will have the capability to monitor online broadband utilization to determine how much of the available broadband is being utilized through customer provided equipment. 3MB $ 3.100 $ 4.200 (non-refundable) 50f6. CITY AGREEMENT SCHEDULE A All research, data and findings performed by Customer shall be the sole property of Customer. Marketing and Promotional Materials - Customer shall market the Pilot Project, including press releases, in a manner that will give acknowledgement to Provider as the service provider. All promotional materials, press releases or public statements issued by Provider that references Customer of City of Boynton Beach as a customer and/or the Pilot Project shall be subject to written approval by Customer prior to issuance or publication. Provider will assist Customer to create, measure and analyze consumer response to online and offline marketing activities. Designated Contacts. For the services to be provided pursuant to this Addendum, Customer designates the following person as the primary contact for Provider: Contact Name: Contact Phone: Contact Cell: Contact e-mail: Use of Material: Use of Services: Provider will display a disclaimer and acceptance indicator on the initial sign-on page. Users will assume all risks associated with use of Provider's network. Users will be responsible for using the service for lawful purposes. 60f6. " 1 RESOLUTION NO. R06, 2 3 A RESOLUTION OF THE CITY COMMISSION OF THE 4 CITY OF BOYNTON BEACH, FLORIDA, APPROVING 5 AND AUTHORIZING THE APPROPRIATE CITY 6 OFFICIALS TO EXECUTE A FIRST AMENDMENT TO 7 AGREEMENT WITH PTLLC ACQUISITION CO., LLC, 8 TO PROVIDE BROADBAND ACCESS TO THE CRA 9 AREAS AND THE HEART OF BOYNTON AREA; AND 10 PROVIDING AN EFFECTIVE DATE. 11 12 WHEREAS, on April 19, 2005, the City Commission approved and authorized the 13 City to enter into an Agreement with PTLLC Acquisition Co., LLC., (also know as Progress 14 Telecom) to implement Wi-Fi- services within the City, the initial phase of the project to be 15 conducted within the CRA corridors; and 16 WHEREAS, this First Amendment specifically outlines what services are expected 17 from Pregress Telecom in order to complete the project and clarifies the scope of the project 18 and capabilities of the tecImology; and 19 WHEREAS, the City Commission of the City of Boynton Beach, upon 20 recommendation of staff, deems it to be in the best interests of the citizens and residents of 21 I the City of Boynton Beach, to enter into a First Amendment to Agreement with PTLLC 22 ,Acquisition Co., LLC, a subsidiary of Progress Telecom, LLC to provide broadband access to 23 the CRA areas and the Heart of Boynton area through a piggy-back with the City of Orlando. 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 confirmed by the City Commission. 28 Section 2. The City Commission of the City of Boynton Beach, Florida does 29 hereby approve and authorize the appropriate City officials to enter into a First Amendment 30 to City Agreement with PTLLC Acquisition Co., LLC, a subsidiary of Progress Telecom, 31 LLC to provide broadband access to the CRA areas and the Heart of Boynton area through a 32 piggy-back with the City of Orlando. S:ICAIRESOlAgreements\Progress Telecom (wi-fi) 1st Amendment.doc II 1 Section 3. This Resolution shall become effective immediately upon passage. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 ATTEST: 21 22 23 24 City Clerk 25 26 (Corporate Seal) PASSED AND ADOPTED this _ day of February, 2006. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner S:\CA\RESOlAgreements\Progress Telecom (wi-fi) 1st Amendment.doc '~r~Y~; , . J~ ~.~... l ..~.; . , . . . . :-. ,.'~ 'V~ON ~~ CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM VI.-CONSENT AGENDA ITEM C.6. Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meetin2Dates in to City Clerk's Office Meetim!: Dates in to City Clerk's Office 0 December 6, 2005 November 14, 2005 (Noon.) r:><;] February 7, 2006 January 17,2006 (Noon) 0 December 20, 2005 December 5, 2005 (Noon) 0 February 21, 2006 February 6, 2006 (Noon) 0 Januaiy 3, 2006 December 19, 2005 (Noon) 0 March 7, 2006 February 21, 2006 (Noon) 0 January 17,2006 January 3, 2006 (Noon) 0 March 2 I, 2006 March 6, 2006 (Noon) 0 Administrative 0 Development Plans NATURE OF r:><;] Consent Agenda 0 New Business AGENDA ITEM 0 Public Hearing 0 Legal 0 Bids 0 Unfinished Business 0 Announcement r:><;] Presentation 0 City Manager's Report RECOMMENDATION: Approval of the Worksite Agreement with Workforce Alliance for temporary labor to assist with hurricane recovery through the National Emergency Grant. EXPLANATION: The National Emergency Grant provides for temporary labor to assist with hurricane recovery efforts for the City's facilities and parks. PROGRAM IMPACT: Augmenting the City's staff with temporary labor provided through the National Emergency Grant will greatly improve the City's overall recovery from this hurricane season and will allow for a greater effort in the recovery efforts. FISCAL IMPACT: There is no fiscal impact to the City. Aside from staff to manage the additional labor, there is no impact to the City's finances. ALTE~ATIVES: Not approve the Worksite Agreement for additional labor through the National Emergency Grant. J~' ~ J r ! \ , / .i " . . c:z......., _. \.6.. partment He d's S gnature CIty Mager's SIgnature Department Name ~ City Attorney! Finance! Human Resources S:\BULLETIN\FORMSIAGENDA ITEM REQUEST FORMDOC .....".""'''''''''.,..~. ."..'.'.'.-'-.':';.."....""""",:."...,4-:<J.-it. '. :!":fi+':::;;;,:,;;.',;"~ WarJ"rU'''L-P'' Alllance~ '._ .A""" ""':":':~;:;:;':::':::';':_":M~$l:>l ::::~::,,:-;, ::. ;:.:. "':',' '"w "'--'-,'._'-:J'i",,:,,:::.~,'~]~rlt:1:t: 'x".,;,;,::::~;.; ,'~:~:':~,:;:Md::':~::~-'\>'-,o.;;.., . NATIONAL EMERGENCY GRANT WORKSITE AGREEMENT Funding source: National Emergency Granl (NEG) Grant Number: EM. Project: Hurricane Wilma Project Number FL. Agreement No: Tnis work site Agreement shall begin on October 31, 2005, and end on June 30. 2006 Workforce Alliance, Inc, as the Regional Workforce Development Board. (hereinafter referred 10 as "ALLlANCE") and the, ' whose address is (hereinafter referred to as the "AGENCY"), agree to the following terms of this Agreement to be funded solely from the United States Department of Labor (hereinafter referred to as the U,SD.O.L.) Employment and Training Administration Workforce Investment Act 0/IIIA) Title 1 National Emergency Grant (hereinafter referred to as the "NEG Program") covered under Federal Disaster Declaration FEMA No. issued on October. 2005. The primary purpose of this Agreement is to identify anll establish temporary jobs to assist in the clean-up, restoration and humanitarian efforts that are necessary as a direct result of recovery efforts associated with the Hurricane WILMA disaster and to fill those Jobs with eligible individuals (hereinafter referred to as "Participants") thaI have temporarily or permanently lost their regular job as a result of the disaster or cannot find work as a result of the disruption 10 business activtties caused by Hurricane Wilma. 1. proaram Overview: The NEG Program shall consisl of temporary work, wherein a Participant referred by ALLIANCE to the AGENCY is given job functions to perform under Ihe direction and general superviSIon of the AGENCY In accordance with the job description attached hereto as ExhiM "A", It Is understood by ALLIANCE and the AGENCY that no legal employer-employee relationship is created or exists between Ihe AGENCY and Ihe Participant 2. Limitations on oarticioation The AGENCY understands anll agrees that no Participant shall begin wort< until this Agreement is executed by both the AGENCY and ALLIANCE and ALLIANCE has satisFied tts obligations under Sections 7(F) and (G) hereof, Participants may not work in temporary jobs under this grant for more than One Thousand Forty (1,040) hours or earn more than Twelve Thousand Dollars ($12,000) in wages, whichever occurs first. National Emergency Grant Worksite Agreement Page 1 of 5 These limitations apply to individual participants and nol specific jobs. 3. Eliaible Worksites: Prtority. Eligible Worksites under this Agreement shall be AGENCY owned facilities and parks. As determined by ALLIANCE, ALLIANCE will priorttlze worksites for temporary jobs such that the highest priority is for public facilities, which have been most severely damaged. As determined by ALLIANCE. the second priority will be private non-prom agencies that have the highest Impact on providing needed temporary services and/or restoring public services. etc. In general, worksites shall be limited to PUbliC and private non-prom facilities and property. Work on private property may only occur when all specific conditions as_determined by ALLIANCE and in aCcordance with NEG Program requirements are met and will be looked at by ALLIANCE on a case. by-case basis and approved in writing by ALLIANCE. Work on private property shall not be a prlorrty unless It is necessary to restore public services or there is a clear safety hazard as determined by ALLIANCE 10 the larger community. 4. Recruitment and Selection Recruitment and eligibility determinations will be Ihe responsibil~y of ALLIANCE. Individuals determined to be eligible for the NEG Program will be referred to a worksile by ALLIANCE. Notwithstanding anything in the foregoing 10 Ihe contrary. the AGENCY shall have the right to reject an Individual if the AGENCY deems the person 10 be inappropriate for a particular job or jobsite. Furthermore, the AGENCY retains the right to dismiss an Individual and refuse to allow that individual to relurn to Ihe AGENCY due 10 the Individual's conduct or misconduct. 5. Independent Contractor As to the AGENCY, the Participant is. and shall be, in the performance of all work, services and acllvilles under this Agreement, an independent contractor, and not an employee, agent, or servant of the AGENCY. Additionally. the Participanl shall not. in connection with this Agreement or the performance of services and functions hereunder, have a right to or claim any wages, pension, workers' compensation, unemployment compensation, civil service, or other employee rights. privileges. or benefits granted by operation of law or otherwise except through and against the entity by whom the Participant is employed. 6. Responsibilities of AGENCY The following are the responsibilities of the AGENCY. The AGENCY accepts and agrees that it shall: A. dlrecl and supervise Participants work activities at AGENCY worksites in accordance wilh their job description(s). B. assign wort< to Participants during the entire time they are at the worksile. C. require Participants' conformance with the AGENCY's Personnel Rules of Conduct. D. orient and train ilS work sile Supervisory personnel including any alternate staff directly responsible for the supervision of Participants as to the AGENCY's responsibilities and obligations under this Agreement. E. be accountable for maintaining ALLIANCE Participant time sheets by keeping accurate work time attendance rosters, supervising Ihe proper completion and signing of time sheets by each Participant. certifying and signing National Emergency Grant Worksite Agreement Page;1 015 participant time sheets if all Ihe prior requirements are met and by faxing the timesheets to the employer of record no later then 5 p.m. each Monday to fax number (561) 688-1221 for the period commencing midnight on Sunday and ending on 11: 59 p.m. Saturday. F. ensure that all required safety supplies and equipment are provided and used in the proper manner for the intended use. G. conform to normal routines and functions befitting a reasonable business establishment, IOcluding. but not limited 10, appropriate supervision on lhe premises, displaying pos~lve work habits and maintaining safe wort<ing conditions. H. ensure that all sites where participants will be assigned are operated in a sanitary and safe manner in accordance with health and safety standards established by State and Federal law. I. inform the employer of recorcl immediately via telephone at (561) 6BB-9330, followed up within twenty four (24) hours in writing via facsimile at (561) 6BB-1221 should an accident or injury occur at the job site affecting or involving a participant aM require the participant to complete a first report of injury form. J. notify ALLIANCE by telephone of any problem or concern regarding a participant's performance at a worksite as soon as possible. but at least within 24 hours of when the problem is Identified. K. not discriminate against any particlpanl or potential participant because of race, color. religion, sex, national origin or disability. L. ensure that participants receive fair and impartial treatment and that participants shall not be subjected to harassment of any type or form. M. ensure that the following general conditions for temporary jobs shall be complied with: 1) Participants shall receive comparable working conditions and non-payroll benefits such as rest breaks, etc. as AGENCY employees; 2) there shall be no displacement of regular employees nor replacement of laid-off workers by the temporary Job par1icipant; and 3) there shall promotional empioyees. N. not subcontract. assign or transfer any rights or responsibilities under Ihis Agreement or be no infringement of opportunities for regular any portion thereof without the prior written approval of ALLIANCE. O. implement administrative controls to ensure that costs for wages and other costs that ALLIANCE is responsible for paying are not being paid by other federal. state or local progrems to eliminate the possibility of a duplication offunding. P. maintain all records and files pertaining to the operation of this Agreement and any amendment hereto for three (3) years following expiration ot this Agreement. Records and files shall include, but not be limited to. participant time and attendance sheets, supelVisor assignment and this Agreement. AGENCY is required to maintain written documentation evidencing each Participant's eligibility in the Participant's permanent file. In the event such documentation is determined not to be in the Participant's permanent file, AGENCY shall promptly obtain and file such documentation in Participant's permanent file In order 10 be In compliance under the applicable program. A record of such efforts shall be maintained in the Participant's file Q. will immediately advise ALLIANCE in writing of any actions. suits. claims or grievances filed against the AGENCY. ALLIANCE. State of Florida, federal officials or Participants that In any way relates to this Agreement. R. Program participants shall not work overtime defined as in excess of 40 hours per pay period or per week. unless written authorization is reCeived in advance by CONTRACTOR from Mr. lIIe Powell, III. Vice President of Programs of ALLIANCE. 7. Responsibilities of ALLIANCE ALLIANCE or its designee/subconlractor, accepts and agrees that it shall: A. assist the AGENCY job site supervisor in resolving any problems conceming the Participants' pertormance on the job by responding to the AGENCY's notice. B. hear all grievances concerning program Participant performance allhe job site. C. provide counseling and support services to Participants as the need is identified. D. be responsible for distributing Participant paychecks dependent on AGENCY's timely submission of properly certified lime sheets. E. be responsible for contracting with a third party to act as emplOyer of record. This employer of record shall employ the Participants, pay participant wages for all National Emergency Grant Worksite Agreement Poge 3 of 5 actual hours worked, and provide Workers' Compensation coverage for ail Participants. 8. AGENCY Monitorina and Reoortina AGENCY must determine and ensure that all participants at all worksites are only perfonning disaster-related work activities. The AGENCY shall notify the AL.LIANCE Project Coordinator. Jan Cook, immediately, via telephone at (S61) 340.1060 ext.434, followed up within twenty four (24) hours in wriling via facsimile at (561) 340- 10S7 of any changes to the participant required work hours, Job description and/or if the disester recovery work has been completed and the job needs to be ended. 9, ALLIANCE MonilorinQ The AGENCY shall allow ALLIANCE. the Govemor of the State of Florida, or any of its agents and/or subcontractors and the U.S,D.O.L. to visit the AGENCY's work sites, monnor the NEG Program, report problems, require corrective action within specified time periodS or remove participants from worksiles without prior notice other than a writien notification to be delivered to the AGENCY at the time of the removal. This action may be taken when ALLIANCE in its sole discretion. the Governor of the State of Florida. or U,S.D.O.L. finds serious or continual violations Of rules or laws. where violations are not being remedied or where ALLIANCE, the Governor of the State of Florida or U.S.D.O.L. find noncompliance on any of the terms or conditions under this Agreement. 10. Prohibited Activities A. Sectarian Activities: The AGENCY assures that Participants will not be employed in building, operating, or maintaining any part of any building, which is used for religious instruction or worship. B. Collective Bargaining And UnIon Activities: The AGENCY assures that this Agreement will not impair existing contracts for services or collective bargaining agreement between the AGENCY and other parties, nor will this agreement assist, promote or <leter union organization. C. Lobbying And Political Activities: The AGENCY assures that this Agreement shall not assist with political or lobbying activities or the cost of any salaries or expenses related to any activity designed to influence legislation or appropriation pending before tne Congress at the United States. D. Relocation: Neither the execution nor performance of the Agreement shall assist in. support or otherwise contribute to the relocation of the Worksite Employer's business, 11. Hold Harmless Without waiving its sovereign immunny, and if and to the extent allowed by law. each party shall Indemnify and hold hannless each other. its officers, officials, and employees from and against all claims and liabilities of any nature or kind, including costs and expenses for or on account of any claims. damages, losses. or expenses of any character whatsoever resulting in whole or in part from the negligent perfonnance or omission of either party's employees or representatives connected with the activities deSCribed herein. 1 Z. Chanaes to the Aareement There shalt be no modification or amendment of this Agreement. except in writing. executed by both the AGENCY and ALLIANCE. 1 J. Termination This Agreement may be tenninated as follows: A, ALLIANCE or the AGENCY may terminate this Agreement for convenience upon seven (7) calendar days prior wntten notice to the other party. B. Al.l.IANCE may terminate this Agreement in whole or in part at any lime that the ALLIANCE PresidenVCEO. in her sole discretion, determines that: 1) the AGENCY has failed 10 comply with any of the provisions contained in this Agreement or any Amendment hereto; 2) the AGENCY fails to perfonn in whole or in part under this Agreement or fails to take corrective action aner receiving oral or wntlen requests to do so wnhin an appropriate time period as may be stipulated by ALLIANCE; or 3) the U.S.D,O.L or State of Flonda as determined by ALLIANCE fails to provide adequate funds, reduces, eliminates Dr otherwise lerminates the program under which this Agreemenl is written C, AGENCY may terminate this Agreement in whole ~r in part at any lime that Ihe AGENCY determines that ALLIANCE hes failed to comply with any of the provisions contained in this Agreement or any Amendment hereto. 14. NOlice Any notice, request or demand required or pennitled to be given hereUnder by either party 10 the other shall be effected either by Ihe parties in writing and given personally or mailed certified, relurn receipt requested, postage prepaid or Ie/ecopier with applicable venfication of date and time initiated, if mailed the following day, at their respective addresses set forth herein. or to such address as such party may provide in writing from lime to time and such notice will be deemed to be legally effective. Notices delivered personally shall be deemed communicated as of actual receipt. Mailed notices shall be deemed communicated as of three (3) business days aller mailing or venfled receipt whichever is earlier. 1 S. Controllina Laws This Agreement and the provisions contained herein shall be construed, controlled and interpreted according to lhe laws of the Slate of Flortda. Venue for any and all actions arising from and/or relating to the Agreement will be held in Palm Beach County, Flonda 16. Site Conditions. AGENCY and ALLIANCE acknowledges that the worksites were damaged by Hurricane Wilma and the work will be to restore those sites to sanitary and safe environments in accordance with health and safety standards established by State and Federal law. 17. Assignment. ALLIANCE shall rwt assign this Agreement without AGENCY'S prior written consent. FEMA Certification: The AGENCY understands that all costs and expenses paid with NE~ :rogram funds are not eligible for FEMA reimbursement. (Initial & Date) REMAINDER OF PAGE INTENTIONALLY BLANK National Emergency Grant Workslte Agreement Page 4 of 5 IN WITNESS WHEREOF, AGENCY ancl ALLIANCE have causecl this Agreement to be duly executed as of the date set forth below. Approved By: Approvea By AGENCY: WORKFORCE ALLIANCE, INC (ALLIANCE) (AGENCY) AGENCY FEDERAL ID NO.: TELEPHONE/FAX NO.: Telephone # FAX number'" BY: Signed ALLIANCE President/CEO BY: (signature of authorized agency representative) DATE DATE: Kathryn Schmidt President/C~ Printed Name ALLIANCE President/CEO Name: (Please Print) Title: WITNESS:. ATTEST: DATE DATE APPROVED AS TO FORM AND LEGAL SUFFICIENCY ALLEY, MAASS, ROGERS, LINDSAY. P.A APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY DATE: ALLIANCE General Counsel. David H. Baker Bv: ALLIANCE FUNDS AVAILABLE CFO BY: Ken Kaneski AND CFDA NUMBER & TITLE: Date EXHIBIT "A" JOB DESCRIPTION (10 be agreed upon by AGENCY staff and Alliance from time to lime based on AGENCY's needs) National Emergency Grant Worksi1e Agreement Page 5 of 5 ""i'i';;%'W'.h~''''''''~ ............."',..,,:..:,.,..,""',,:.,".....:,1....."l:>l';t<:,~ ;'Y.>::;;;;;'M,",""",- F/IIorkrilrCL! " Allialll~.p~~ _,,", ...",.,,.1. ;"-~:':-I::":;""%:':~!':;.'~" .(',_,- ' ":C'",__,_ , ,.,~>#,:f;~/jI /~:"-:"""~?::&'2~~t%f:::~+~#~";<:~ Fax: (561) 340-1057 Phone; (561) "\40-IO('()cxl. 434 or 41~ ^.~JCTlli~IL la.n Of Gn~g JEG TEMPORARY JOB ORDER FORM, Hurricane Wilma, Agency Jame Agreement # Address: City: Slate: Zip: Contacl Person; Phone: Fax: Job Title/Position to be filled: Please attach complete job description or if not avoilable list a description of job duties: Number of Openings: Education Level Required: Required Software Skills, Certifications. or Licenses: Type of Experience Required: Safety Equipment Required: Work Schedule - Days of the week: Hours each day: From To Total Hours Per Week: Salary: $ per TOTAL P.09 II 1 RESOLUTION NO. R 06- 2 3 4 A RESOLUTION OF THE CITY COMMISSION OF 5 THE CITY OF BOYNTON BEACH, FLORIDA, 6 APPROVING THE EXECUTION OF A CONTRACT 7 WITH WORKFORCE ALLIANCE UNDER THE 8 NATIONAL EMERGENCY GRANT (NEG), FUNDED 9 FROM THE UNITED STATES DEPARTMENT OF 10 LABOR TO PROVIDE TEMPORARY LABOR TO 11 ASSIST THE CITY OF BOYNTON BEACH WITH 12 POST-STORM CLEAN-UP; AND PROVIDING AN 13 EFFECTIVE DATE. 14 15 16 WHEREAS, the NEG program provides temporary labor to assist with hurricane 17 recovery efforts for the City's facilities and parks; and 18 WHEREAS, the availability of additional labor provided through the NEG will 19 assist in the City's recovery process, help speed the clean-up and provide some needed 20 assistance to an already overburdened recovery staff; and 21 WHEREAS, upon recommendation of staff, the City Commission has determined 22 that it is in the best interests of the residents of the City to approve and execute a Contract 23 with Workforce Alliance under the National Emergency Grant (NEG), to provide temporary 24 labor to assist the City of Boynton Beach with post-storm clean-up. 25 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 26 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 27 Section I. The foregoing "Whereas" clauses are hereby ratified and confirmed as 28 being true and correct and are hereby made a specific part of this Resolution upon adoption 29 hereof. 30 Section 2. The City Commission of the City of Boynton Beach, Florida does S:\CA\RESO\Agreements\Workforce Alliance (storm clean-up) 05.doc II hereby approve and authorize execution of the Contract with Workforce Alliance under the 2 National Emergency Grant (NEG) to provide temporary labor to assist the City Of Boynton 3 Beach with the post-storm clean-up, a copy of which is attached hereto as Exhibit "A". 4 51 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 ~~ 32 Section 3. This Resolution shall take effect immediately upon passage. PASSED AND ADOPTED this _ day of February, 2006. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner ATTEST: City Clerk (City Seal) S:\CA\RESO\Agreements\Workforce Alliance (storm clean-up) 05.doc ~"~CJ' ! \ ; '; ; , , i" ~\ j~ ~.~-~ CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORlVI VI.-CONSENT AGENDA ITEM C.7 Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meetinl!. Dates in to Citv Clerk's Office Meetinll Dates in to City Clerk's Office 0 December 6, 2005 November 14,2005 (Noon.) [8J February 7, 2006 January 17,2006 {Noon) 0 December 20, 2005 December 5, 2005 (Noon) 0 February 21,2006 February 6, 2006 (Noon) 0 January 3, 2006 December 19, 2005 (Noon) 0 March 7, 2006 February 21. 2006 (Noon) 0 January 17. 2006 January 3, 2006 (Noon) 0 March 21, 2006 March 6. 2006 (Noon) 0 Administrative 0 Development Plans NATURE OF [8J 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: Approve the revision of the Cemetery Rules & Regulations EXPLANATION: After numerous review meetings, the Cemetery Board met on June 9, 2005 and unanimously approved the total revamping of the Cemetery Rules & Regulations. This revised document incorporates all individual rule changes that were approved by the City Commission over the last year as well as some typographical and language changes. In addition, rule numbers related to the Mausoleum have been placed in a separate section and designated with an "M" after each number. The board members were of the opinion that this revision clarifies the City's Rules & Regulations related to municipal cemeteries. PROGRAM IMPACT: None FISCAL IMPACT: None ALTERNATIVES: Leave RUI:S & ~egUlations. ~ ~~, ...,. City Man ger's Signature City Clerk's Office -~~ City Attorney/Finance/Human Resources S:\CC\WP\CCAGENDA\Agenda Request Memos\2006\Agenda Item Request - Aoproval of Total Revision of Cemetery Rules & Regs.dot II 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 RESOLUTION NO. 06- A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING THE CEMETERY RULES & REGULATIONS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Cemetery Board has been reviewing the Cemetery Rules and Regulations and does hereby recommend an amendment to the Rules and Regulations; and WHEREAS, upon recommendation from the Cemetery Board, the City Commission has determined that it shall completely amend the Rules and Regulations of the Cemetery, a copy of which is attached hereto as Exhibit "A". NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA THAT: Section 1. Each Whereas clause set forth above is hereby ratified as being true and correct and incorporated herein by this reference. Section 2. The City Commission of the City of Boynton Beach, Florida, amends the Rules and Regulations of the Cemetery Board as attached hereto as Exhibit "A", Section 3. This Resolution shall take effect immediately upon passage. PASSED AND ADOPTED this _ day of February, 2006. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner ATTEST: Commissioner City Clerk (City Seal) S:\CA\RESO\Administrative\Cemetery R&R. Complete amendment.doc NOTICE TO LOT OWNERS IN BOYNTON BEACH MUNICIPAL CEMETERIES Rules and Reaulations Amended April 19. 2005April 26. -2-005 AUQus,t 11. 2005 GENERAL 1. Lot owners shall not allow interments to be made in their lots for remuneration; nor shall any transfer, assignment, or conveyance of any lot or any interest therein be valid without the consent in writing of the City of Boynton Beach and same endorsed upon such transfer, assignment or conveyance. No transfer, assignment, or conveyance of a lot can be made after an actual interment in it, except with the consent of the City of Boynton Beach after the body is lawfully removed therefrom. No disinterment shall be allowed except by the consent of the Board of Governors and upon written request of the owner or owners of the lot and in every case shall only be made by the proper authorities. (NOTE: Authorized disinterment and shipment of body may be made only by a licens director licensed in Florida to another licensed funeral director at . I di sit disinterment forms shall accompany all disinterments) 2. The City of Boynton Beach is reluctant to interfere with th stes of their improvements at the cemetery; but in . 0 the inte e the ole an all ce owners, it res itself the [" g e ntin roving ny rection enclos ment, inscription, tr e or s rub Ich i si e purpo e of he les and which the City consi . . rious t th groun . Und no ci n ill 10 s be allowed to have on them gr ng~ plants tre s, or b shes dir I I In e ground and such will be removed by City mPloyv 3. addition rave marker, there will be a limit of three items placed on a grave site. In general, thes ree items can be those chosen by the owner, but must be able to be moved with one hand and flowers must be in a container that has a solid base not to exceed 18 inches in heiaht so that it will easily stand erect or in a container with a point on the bottom that is easily stuck into the ground. These items must be tastefully placed at gravesites. No alass vases or fiaurines will be permitted. Employees will, for cemetery maintenance purposes, move and replace these items with care, but the City does not accept responsibility for replacing broken items unless there is a clear negligence on the part of the City employees. (NOTE: City employees may remove any item placed on a gravesite that becomes untidy or unsightly to the appearance of the Cemetery.) 4. Al8!:ot enclosures of any kind '...'!:late'ler are prohibited. Cornor stORes Ilroflorly nl,lml3oreEl GnEl sot flush with tho Sl,lrfaco of tho !:lrol,jnEl will 80 allowcEl. No I3rickwork willl3e allowoEl al30ve !:lrol,jnd le'lol in any Ilortion of tho comoterios.~ No mounds are permitted over graves. The grade of all lots will be determined by the Board of Governors. 5. No person shall be allowed to perform any modification or oonstrl,jction or installation of a monument or marker on a lot without a pormitauthorization from the City. No monoy shel,jlEl 130 !laiEl to any !lerson in tho emllloy of tho City for services or attontion, ot!:ler than their salaries anEl wa!:les flaiEll3y the City. No marker shall be accepted bY the City without prior authorization of the City. 6. To !lroteot tAc !:lfOl,jnEls anEl eSflcoially imllro\'eEllots from injw)', all excavations shalll3e maElo by the Gily,AII excavations shall be made bv the Citv. unless otherwise approved by the City. Installation of markers must be approved by the City. 1 7. 8. I 9. 10. \11. .^JI pSrmaR8At gra.,e marksF6 midst be gr81:JAS level, af Bren:~1 ~F'ble Sf graAite ma.teFial BAeI plased ;;; a ~i~ (6) iRS!:l s9Rsrete Ilase, S\llljest Ie IlF91ler llerFRit aREI fees. 1 he lenqth and width of the marker can va;"; de~endinq on the size of the plot. If the marker is to be installed on a sinqle plot. the marker cannot exceed 2' -6" wide bv 9' in lenqth If the marker is to be installed on a double plot. the marker cannot exceed 5' wide bv 9' in lenqth. The thickness of the marker must be a minimum of4"thick and made of solid marble. qranite or. if the marker is made of bronze. it must have a 4" minimum solid base made of marble. !lraf1:ii qranite or concrete and be properly attached to the bronze marker. Markers cannot be constructed of se arate ieces of material laminated lued or attached in an manner with the exception of bronze markers which require a minimum 4" base made of marble, qranite or concrete. All temporary grave markers will be allowed for a period of six months from date of burial. Temporary markers will be removed by cemetery workers after that time. All urns, vases, or grave markers damaged or lost will not be the responsibility of the cem there is clear neqliqence on the part of City employees, Casket must be Initiate and recommend the laying out, alte~, uch av s or walks and make such rules and regulations for the government he cemetery as it may deem requisite and proper, subject to City Commission 12. No purchaser shall be entitled to a deed to any lot nor will a burial be permitted in any lot until all accounts relating thereto and due the City are paid. 13. Lots, if not needed, may be returned to the City for a refund of the purchase price less 20 percent. The deed must be surrendered. No sign indicating that a lot is "For Sale" will be permitted on the grounds. 14. On Memorial Day. Veterans' Day and other national holidays, the Veterans' organizations may join in memorial services at the cemeteries upon SCheduling with the Secretary of tho Cemetory Bear.a with, the City Clerk's Office. 15 No money should be paid to any person in the employ of the City for services or attention. other than their salaries and waQes paid by the City. 16. NeR-RHuman remains only shall Ael be buried in Boynton Beaoh Momorial Park any muniClPOji cemetery. 17. 25. In an adult qrave. the followinq will be permitted: One (1) casket. plus one (1) cremains. or three (3) cremains. No more than three (3) markers will be permitted per adult qrave. In the Replat section. two (2) cremains will be permitted in a cremains plot. No more than two markers will be permitted on a cremains plot in the Replat section 18. Services tha: extend past 3:30 p.m. sh_al: be charqed for staff time accordin>J to the rate chart o'lfde In the City Clerk's Office. 2 MAUSOLEUM # 1-M. Mausoleum Crypts or Niches - Prior to interment inurnmenUentombment, an owner may - transfer or resell the mausoleum crypt or niche provided the owner first obtains the written consent of the City of Boynton Beach and Boynton Beach Mausoleum, Inc. Such consent shall be .given automatically provided that the new purchaser's name, address and phone number are on file ~Ith the City Clerk and an administrative fee equal to the cost of relettering the mausoleum, crypt, or niche IS paid to Boynton Beach Mausoleum, Inc. After intermentinurnment/entombment, resale or transfer of ownership shall be allowed only to the City of Boynton Beach at a cost of 50% of the original purchase price paid for the crypt or niche and provided that oi!linterment disinurnmenUdisentombment has occurred and implemented by the proper authorities. The City may not offer these crypts or niches for sale until the termination of the contract with Boynton Beach Mausoleum, Inc. No di!linterment disinurnmenUdisentombment shall be allowed except by the consent of Governors following written request by the owner or owners of the cryp . e an in very only be made by the proper authorities. Ion, enclosure, monument, inscription, -l8 4-M. No artificial flowers, except silk flowers, are permitted in or around Mausoleum buildings. All flowers must be placed in front of or near a particular crypt or niche and fresh flowers can remain for a maximum period of three (3) days. One (1) vasg per crypt/niche will be allowed. Flowers must be in a container that has a solid base so that it will easily stand erect. Employees will, for maintenance purposes, move and replace these items with care, but the City does not accept responsibility for replacing broken items unless there is a clear negligence on the part of the City employees. After the third day, or in the case of silk flowers, when the Cemetery Manager determines that the flowers have become unsightly, said flowers and holder shall be removed and disposed of in a manner acceptable to the Cemetery Manager." "No potted plants containing soil, perlite, or other loose materials are permitted in chapels or walkways in the Mausoleum. (Note: City employees may remove any item placed on a crypt/niche site that becomes untidy or unsightly, in the sole and absolute discretion of the City." 4-95-r{!. No person shall be allowed to perform any modification on anything without written permission from the City. No money should be paid to any person in the employ of the City for services or attention, other than their salaries and wages paid by the City. ~Q r Ii. All original sales of mausoleum crypts or niches shall be originated by Boynton Beach Mausoleum, Inc. Boynton Beach Mausoleum, Inc. shall then fOlWard an executed request for the issuance of a certificate of ownership within 30 days which shall include the purchaser's complete name, address and phone number. Upon receipt of a request for the issuance of a certificate of ownership, the City shall issue a certificate of ownership and fOlWard it to the purchaser within 14 days. There shall be no 3 fee for issuance for the certificate of ownership. 2-1LTv1. Boynton Beach Mausoleum Inc. shall provide copies of every sales contractfor each crypt/niche sold to the City within 30 days of the sale. There shall be no requirement for an annual audit. 6!8-M. Any veterans' organization may erect a flag and/or memorial at the entrance to the Mausoleum Chapel on Memorial Day. n9-M. The Board of Governors from time to time may recommend the altering of the Rules and Regulations for the government and improvement of the mMausoleum as it may deem requisite and proper, subject to City Commission approval. At any time the Board of Governors proposes amending or altering the Rules and Regulations for the mausoleum, they must notify Boynton Beach Mausoleum, Inc. by certified mail return receipt requested of the proposed changes, at the same time any City Commission action is sought regarding the rules. Boynton Beach Mausoleum, Inc. shall be given forty-five (45) days from the date it receives notice of intended action by the Board of Governors prior to any City Commission action being taken. All Rules and Regulations shall be applied prospectively from the date of adoption. No Rule or Regulation shall be construed in a manner which w negate or alter any contractual right between Boynton Beach Mausoleum, Inc. ny a 0 a ase agreement with Boynton Beach Mausoleum, Inc. or any contractual ri t b City of nton Beach and Boynton Beach Mausoleum, Inc. n all s, the odies pia d in rypt on doe Ish to be ys laced under the casket mbalmed or not. The funeral home ses an ays, but will pass that cost on to the purchaser. entombment shall be in a asketed metal casket for Mausoleum 25. : G~~:~lt ~;~ve, tho following will 130 l3ermittod: Ono (1) OGskot, I3I11S ono (1) c.:~~i~~, ~t~~~) ~~~(;;f;,'; ~:::~i~~:;~h:~ (d) ffiGrkors will 130 130rmittod l3er adult !jrGYe. In the Roplat ~~~cr, . 0 I . Ired III G cremGlns 1310t. No mare than two markers '1/111 130 l3ermltted ~~ G oremains 1310\ in tho Rel3lat soction. I "26. ~~~~ of a concrete (at ~iniffiuffi) urn vault for creffiated reffiains (creffiains) in ~~~:~n Beach t I parl( shallee reqUlrea. The cest sf the vault willec eerne by the funeral Eiircetor. Revised 11/22/2005 12:23 PM7/18!2005 12:36 Pt15!5!2005 8:15 At15/2i2005 2:25 Pt1 after board r~YJeyv on 6/09/05 "'Re;;elutisR tie. ROS 06~ S~CC~WP\CEMETERY\CEMETERY RULES\Rules & Reaulations - Total Revision - Mav 2005.docS:\CC\WP\CEt1ITER'f\CD1ITERY R LE \RULES200S Revises 01 10 OS Rese 'OS 061.sec 4 CC( Requested City Commission Meetine: Dates o December 6, 2005 o December 20, 2005 o January 3. 2006 D January 17, 2006 NATURE OF AGENDA ITEM RECOMMENDATION: VI.-CONSENT AGENDA ITEM C.8. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned Requested City Commission in to Citv Clerk's Otlice Mcctillll Dates Date Final Form Must be Turned in to Citv Clerk's Office November ]4, 2005 (Noon.) C8J February 7, 2006 December 5, 2005 (Noon) D February 21, 2006 December 19,2005 (Noon) D March 7, 2006 January 3, 2006 (Noon) D March 21, 2006 January 17,2006 (Noon) February 6, 2006 (Noon) February 21,2006 (Noon) March 6, 2006 (Noon) o Administrative l8:J Consent Agenda o Public Hearing o Bids o Announcement o City Manager's Report o Development Plans o New Business o Legal o Unfinished Business o Presentation Motion to approve and execute by resolution an Interlocal Agreement between the City of Boynton Beach and the City's Community Redevelopment Agency (CRA) to provide for the installation of public improvements on S.E. 4th Street. EXPLANATION: The City and the CRA plan to install public improvements, including, but not limited to on-street parking, sidewalks, storm water drainage, streetlights, water, and landscaping within the right-of- way for S.E. 4th Street from S.E. 12th Avenue to S.E. 2nd Avenue. These public improvements are within the boundaries of the CRA. The design phase of a storm water and water main improvement project known as S.E. Federal Highway Corridor is being performed by PBS&J for similar work. The S.E. 4th Street area noted above is contiguous to this project and is also the main corridor between the two. A meeting was held with Utility Department staff, Public Works Department staff, Planning and Zoning staff, and members of the City's CRA; it was determined that it would benefit the City and the CRA to combine the two areas for engineering, design and subsequent construction. S:IBULLETINlFORMSIAGENDA ITEM REQUEST FORM.DOC .3(" Yo,. i;" ......_",. ./ \ .(..7)1; '.;'. l_ /(/ ~""" '. \' I;, "'. ...... ..' y . >,: ~" CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM PROGRAM IMPACT: The Interlocal Agreement defines a cost sharing agreement between the City and the CRA for the S.E. 4th Street project area. A separate Agenda Item Request for approval and execution of Amendment #1 to Task Order #U04-16-2 is also on this agenda, February 7, 2006. Amendment #1 for PBS&J provides additional engineering costs for the design, bid phase services, and construction phase services related to the S.E. 4th Street area. The CRA would contribute $1,859,394 or 61 % of the costs associated with S.E. 4th Street. The engineering and construction costs for the S.E. 4th Street area are estimated at $3,045,290. The City would be responsible for the 39% difference or $1,185,896. Engineering and construction costs are based on a current price index; a written amendment to the Interlocal Agreement would provide an updated cost sharing if necessary. FISCAL IMPACT: Please refer to Table 1: Revised Engineering Cost Sharing for Amendment 1; and Table 2: Revised Estimated Construction Cost Sharing for Amendment 1, Page 3 of 9 of the Interlocal Agreement. Task Order #U04-16-2 to PBS&J for engineering services for the S.E. Federal Highway Corridor Project was approved by City Commission on July 20, 2004, the approval of Amendment #1 would allow for additional engineering services necessary to incorporate the S.E. 4th street area. Amendment #1 will be executed for $ 349,848 and a purchase order will be issued to PBS&J for that amount. The City will then invoice the CRA for their share of the costs and payments to the awarded contractor for construction will be handled in the same manner. AL TERNA TIVES: The only alternative would be to engineer and construct the two areas under separate task orders and bids (one by the City and one by the CRA), resulting in higher costs for both. By incorporating the S.E. 4th Street area with the S.E. Federal Highway Corridor Project, simultaneous engineering services and construction would be a tremendous cost savings. Neighborhoods adjacent to the project areas already experience chronic water and storm water problems, the combined efforts would disrupt the neighborhoods one time instead of two. It would be in the best interest of the City to combine the two projects and take advantage of the financial backing from the CRA by approving the Interlocal Agreement. S:IBULLETINIFORMSIAGENDA ITEM REQUEST FORM.OOC ...~ CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM tv ~ 4~ .'~~0~ Kofi Boateng Director of Utilities Utilities Department Name City Attorney / Finance Human Resources Attachment - Two (2) Interlocal Agreement Documents bc: Kofi Boateng, Director of Utilities Paul Fleming, Sr. Project Manager Barb Conboy, Manager, Utilities Administration Community Redevelopment Agency PMT File S,\BULLETlN\FORMSIAGENDA ITEM REQUEST FORM.OOC II 1 2 RESOLUTION NO. R06- 3 4 5 A RESOLUTION OF THE CITY COMMISSION OF 6 BOYNTON BEACH, FLORIDA, APPROVING THE 7 AGREEMENT BETWEEN THE CITY OF BOYNTON 8 BEACH AND THE BOYNTON BEACH COMMUNITY 9 REDEVELOPMENT AGENCY TO PROVIDE FOR THE 10 INSTALLATION OF PUBLIC IMPROVEMENTS ON 11 SOUTHEAST 4TH STREET; AND PROVIDING AN 12 EFFECTIVE DATE. 13 14 15 WHEREAS, the City and CRA desire to install public improvements, including but 16 not limited to on-street parking, sidewalks, stormwater drainage, streetlights, water and 17 landscaping within the right of way for Southeast 4th Street from Southeast 12th which 18 improvements are located with the boundaries ofthe CRA; and 19 WHEREAS, the City and the CRA have negotiated and desire to enter into an 20 Interlocal Agreement to share in the cost of design, installation and construction of the 21 improvements; and 22 WHEREAS, the City Commission of the City of Boynton Beach, upon 23 recommendation of staff, deems it to be in the best interests of the residents and citizens of the 24 City of Boynton Beach to approve the Agreement between the City of Boynton Beach and 25 Boynton Beach Community Redevelopment Agency to provide for the installation of public 26 improvements on Southeast 4th Street 27 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 28 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 29 Section 1. Each Whereas clause set forth above IS true and correct and 30 incorporated herein by this reference. S:\CA\RESOlAgreements\Interlocals\ILA with eRA SE 4TH STREET.doc II Section 2. The City Commission of the City of Boynton Beach, Florida does 2 hereby approve the Interlocal Agreement between the City of Boynton Beach and the Boynton 3 Beach Community Redevelopment Agency to provide for the installation of public 4 improvements on Southeast 4th Street, a copy of said Agreement is attached hereto as Exhibit 5 "A". 6 Section 3. That this Resolution shall become effective immediately upon passage. 7 PASSED AND ADOPTED this _ day of February, 2006. 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ATTEST: 26 27 28 City Clerk 29 30 31 (Corporate Seal) 32 33 CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner S:\CA\RESO\Agreements\Interlocals\ILA with eRA SE 4TH STREETdoc EXHIBIT 'A', Page 1 of 2 PBSJ Meeting Minutes S.E. Federal Corridor Project PBS&J Project No. 140497.00 City of Boynton Beach, FL Attendees: Jeff Livergood Doug Hutchinson Neal Johnson Paul Fleming Phillip Dover Location: Planning & Zoning Conference Rm. Boynton Beach City Hall Date/Time: July 7, 2005, I PM Subject: Discussion of Design Elements for SE 4th Street from SE 12th Ave. to SE 2nd Ave. Discussion: . Travel lane width will be II feet · Parking lane width will be 9.5 feet from back of curb . Median width will be 5 feet and will alternate between approx. 30 feet of low maintenance landscaping and approx. 20 feet of brick pavers along the entire median length. . Vegetated portion of median will be irrigated using drip irrigation and stonn/well water. Potable water use not preferred. City contact on irrigation is Glenda Hall. . Typical cross section of road will consist of following: 1. ROW Line 2. 7 foot wide sidewalk that will be partially used by power poles and light poles. Sidewalk to be standard concrete. 3. 9.5 foot wide parking area as measured from back of curb and will include valley gutter to separate parking from travel lane 4. 11 foot travel lane 5. 5' wide median 6. Repeat from above nos. 4, 3, 2, and 1. . On street parking will use curb bulb-outs in lieu of thermoplastic pavement markings to delineate parking areas. Bulbs will be accented using brick pavers and above-grade (concrete/cement) planters. Planters will be irrigated. . Curb bulb-outs will also be used at all street intersections and accented with brick pavers (and trees where appropriate by design/sight distances) . City has requested PBS&J to modify current task order Amendment No. I for the addition of the following: 1. Irrigation source study. Irrigation study will be limited for up to 4 alternatives that will include I) irrigation using a surficial well to fill multiple tanks housing irrigation pumps, or 2) retrieval of irrigation water directly from catch basins Exhibit 'A'. Page 2 of 2 and/or stormwater structures, or 3) irrigation water using a surface wet pond at Pence Park, or 4) potable water. 2. Modification/detailing oflandscape features (median paver design, intersection paver design, bulb-out paver design) 3. Landscape design - to be clarified to include either: I) PBS&J's coordination costs using the City's landscaper where the City's design is shown on PBS&J's plans, or 2) PBS&J's landscape architect performs landscape design for 4ths Street landscape areas, coordinated through City's landscape staff. . Meeting concluded at approximately 2:00 PM. Exhibit 'B' Phone Conversation Record Caller: Phillip Dover Person Called: John Van Vleet, FP&L @ 1-561-479-4511 Date: February 18, 2005 Subject: Discussion of Underground Utilities, Costs, Issues Downtown Watershed, Phase 2 of 3, Area 2 and Southeast Federal Highway Corridor City of Boynton Beach, FL Underground utility costs/issues: . Cost likely in the $200 - $300 per foot range for main lines. This cost does not include additional costs like easements and overhead service drops to each residence/business . City would be totally responsible for installation of conduit, but FP&L would provide design ofu/g system and provide conduit. . Overhead drops would be a separate cost. City would hire electrician to install new drops to each residence/business, including all costs to bring residence/business power distribution panels up to present code. Depending on age/condition of each service connection, this could be a large cost. . City must provide a 10' utility easement (preferably on private property, but could be under roadway in public ROW, but City would be responsible for any future costs to move lines in future if required). Locating underground power lines under roadway would require City passing resolution OK'ing same. . City must provide 20' x 20' utility easements on private property for installation of electrical switch cabinets. The cabinets would be located in about 4 places along 4th Street (would be a box at 2nd Ave, 6th Ave, around 10th Ave, around 12th Ave). Costs for these cabinets is about $25k each and has not been included in $200-$300 /LF costs. These cabinets are 6' x 6' x 6' high. Easement area must be free of all vegetation. · Overall costs for conversion of aerial to underground for 3, I 00 linear feet of roadway could be roughly estimated at: 3100ft. x $300/ft + 4 cab. X $25,000/cab + 50 drops x $5000/drop (estimated) = $1.28 M, not including easements costs (assume donated). Other Option in Lieu of Underground Utility Construction: · Remove all existing wooden power poles. Replace with concrete poles and relocate poles to ROW to provide visual consistency, upgrade present system, and remove poles that could be 'in the way' with present/future corridor design. Cost for this work estimated at $7,000/pole, estimated 21 poles, $150,000, so say $200,000 total project which includes some contingency. FP&L would design system and pay their subcontractor to install. .. = .., 'C .. = u ~- " ... ~ .~ -= = .... .- ~ =- - = E! Ql Ql e .., Ql Ql > r-. i: .p.. ~ e 00.... ., - = Ql ~ > = .. p.. e .... .., Ql ., = p.. i: ~ ~, ~ ~ "- '~------ ~ ~- ~- , / -~~~ i. . . ',/ S.E. Federal Highway Corridor S. E. 4th Street Views 1 & 2 Location of FPL Power Poles ~.-' ~y~ 'If' --. ;1'il I I ,~ -'- '~"''''~" - S.E. Federal Highway Corridor S. E. 4th Street Views 3 & 4 Location of FPL Power Poles INTERLOCAL AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND THE CITY OF BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY TO PROVIDE FOR THE INSTALLATION OF A PUBLIC IMPROVEMENTS ON SOUTHEAST 4TH STREET THIS AGREEMENT, made and entered into on the 2005 by and between: day of CITY OF BOYNTON BEACH, FLORIDA a Florida municipal corporation 100 E. Boynton Beach Boulevard Boynton Beach, Florida 33425 (hereinafter referred to as "CITY") AND CITY OF BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, a Public Agency of the State of Florida 639 E. Ocean Avenue, Suite 107 Boynton Beach, Florida 33435 (hereinafter referred to as "CRA") WITNE SSE T H: WHEREAS, CITY AND CRA (the "Parties") desire to install public improvements, including, but not limited to on-street parking, sidewalks, stormwater drainage, streetlights, water, and landscaping within the right of way for Southeast 4th Street from Southeast 12th Avenue to Southeast 2nd Avenue (the "Improvements"), which public improvements are located within the boundaries of the CRA; and WHEREAS, the Parties have negotiated and desire to enter into an Interlocal Agreement ("Agreement") for the Parties to share in the cost of design, installation, and construction of the Improvements (the "Project"); and WHEREAS, the Improvements are to be designed, installed and constructed pursuant to Amendment No. I to Task Order No. U04-16-02 with PBS&J ("Amendment I") which is attached hereto as Exhibit A; and WHEREAS, CITY and CRA have determined that it is mutually beneficial and in the best interests of the citizens and residents of both cities to enter into this Agreement; and WHEREAS, Part I of Chapter 163, Florida Statutes, as amended (the "Interlocal Cooperation Act"), permits the Governmental Units, as public agencies under the Interlocal Page I of9 DNT:dnt C:\Documents and Settings\brooksvlVivian _shares\SE4th Street\CRA lnterlocal (SE4th Street) (IO-05).doc Cooperation Act, to enter into interlocal agreements with each other to authorize one governmental party to exercise, on behalf of the other governmental unit, jointly held powers, privileges or authorities which each such Governmental Unit shares in common and which each might exercise separately, permitting the Governmental Units to make the most efficient use of their power by enabling them to cooperate on a basis of mutual advantage and thereby provide services and facilities in a marmer and pursuant to forms of governmental organization that accords best with geography, economy, population and other factors influencing the needs and development of such Governmental Units; and WHEREAS, this Interlocal Agreement will become effective upon filing with the Clerk of the Court in the Fifteenth Judicial Circuit in accordance with the provisions of the lnterlocal Cooperation Act; and WHEREAS, CITY hereby represents to CRA that it has the authority, pursuant to the lnterlocal Cooperation Act, to execute any and all documents necessary to effectuate and to implement the terms of this Agreement; and WHEREAS, CRA hereby represents to CITY that it has the authority, pursuant to the Interlocal Cooperation Act, to execute any and all documents necessary to effectuate and to implement the terms of this Agreement; and NOW, THEREFORE, FOR AND IN CONSIDERATION of the mutual covenants and agreements hereinafter set forth, the Parties hereto agree as follows: Section I. RECITALS 1.01 The above recitals are true and correct and are incorporated herein. Section 2. TERM OF AGREEMENT 2.01 This Agreement shall be effective upon the approval of both parties and shall terminate at the conclusion of the Project. This Agreement may be terminated pursuant to Section 9 of this Agreement. 2.02 At the conclusion of the Project, the Parties acknowledge and agree that the CITY shall own, and be responsible for the maintenance and liability associated with the Improvements. Section 3. COMPENSATION 3.01 The Parties agree that the cost for the Project shall be shared by the Parties in accordance with the terms of this Agreement. The cost of the Project includes all architectural, engineering, construction, and consulting fees associated with the plarming, construction, and completion of the Project. The estimated costs, and cost sharing for the engineering and construction of the Project shall be as follows: Page 2 of9 DNT:dnt C:\Documents and Settings\brooksv\Vivian_shares\SE4th Street\CRA Interlocal (SE4th Street) (10-05) doc Table 1: Revised Engineering Cost Sharing for Amendment 1: Task Survey Geotechnical Design Permitting Construction Services Electrical Subconsultant Expenses Total Contingency Total with Contingency City Share $ 0 o CRA Share $ 3,000 3,000 103,955 2,565 34,331 60,534 1.466 $208,851 10.443 $219,294 Total $ 3,000 3,000 103,955 5,130 171,654 60,534 7,331 $354,604 17,731 $372,335 2,565 13 7 ,323 5,865 $145,753 7,288 $153,041 Table 2: Revised Estimated Construction Cost Sharing for Amendment 1: Item City Share CRA Share Total Roadway & Surface Imprve. $ 397,000 $ 250,000 $ 647,500 Stormwater & Irrigation 336,000 500,000 836,000 Water 210,000 5,000 215,000 Power Poles 0 200,000 200,000 FP&L Costs 0 TBD TBD Lighting 0 536,000 536,000 Total 943,500 1.491,000 2,434,500 Contingency 94.350 149.100 243.450 Total with Contingency $1,037,850 $1,640,100 $2,677,950 The Parties agree to work in a cooperative marmer to finalize the actual costs of engineering and construction, and shall execute a written amendment to this Agreement to provide for an updated cost sharing arrangement for the engineering and construction costs, if necessary. 3.02 Upon completion of portions of the Project, CRA shall pay CITY the CRA's share of the costs of engineering and construction. Payments shall be made according to a schedule of payments set forth in the contract(s) entered into by the CITY and upon written certification with supporting documentation by the CITY, that the task or tasks required of the consultant(s) and contractor(s), as appropriate, for the requested progress payments have been successfully completed. Payments shall be made by the CRA no later than fourteen (14) days after receipt of an invoice and the supporting documentation from the CITY. Said payments will be made payable to the City of Boynton Beach and mailed to Page 3 of9 DNT:dnt S:ICAICRAICRA lnterlocal (SE4th Street) (IO-05).doc Attn: Finance Department, City of Boynton Beach, 100 E. Boynton Beach Boulevard, Boynton Beach, Florida 33425. In the event of any dispute between the CITY and consultant(s) or contractor(s) over the right to receive all or any payments under the contract(s), the CRA shall comply with the direction of the CITY and shall be indemnified by the CITY as set forth in Section 6 below. Section 4. DUTIES AND RESPONSIBILITIES OF CITY 4.0 I CITY shall be responsible for preparing contract documents, advertising for bids for the Project, selecting the contractor to construct the Project, supervising the Project, and insuring completion of the Project in accordance with the description of the Project as contained in Exhibit "B" which is attached hereto and incorporated herein by reference. The CITY shall provide the CRA with copies of all executed contracts in connection with the Project and shall keep the CRA regularly informed as to its progress. 4.02 CITY will make available appropriate staff to work with CRA staff in the planning and construction of the Project. It is further understood and agreed that, nothwithstanding the CRA's participation in the planning of the Project and providing assistance in overseeing the construction of the Project, the CITY retains all responsibility for compliance with the terms and provisions of the various design and construction contracts as the Project moves forward and for enforcement of the various contracts' terms as against the consultant( s) and contractor( s). 4.03 CITY will make all payments it is responsible for making in connection with the Project in a timely manner and will hold CRA harmless and will defend CRA against any claims by any consultant(s) or contractor(s) that CITY has improperly failed to make required payments under any Project contract(s), except insofar as any failure to make timely payment is due to CRA's failure to comply with its payment obligations pursuant to this Agreement. Section 5. DUTIES AND RESPONSIBILITIES OF CRA 5.01 CRA will make available appropriate staff to work with CITY staff in the planning and construction of the Project. 5.02 When requested, CRA shall provide CITY with documentation in its possession, including, but not limited to maps, surveys, and photographs in order to assist with the design and construction of the Project. Nothing contained herein shall require CRA to create documentation it does not presently possess unless agreed to by the parties in writing and included as an addendum to this Agreement. 5.03 CRA will make all payments it is responsible for making in connection with the Project and as set forth herein in a timely manner and will hold CITY harmless and will defend CITY against any claims made by any consultant(s) or contractor(s) that CITY has Page 4 of9 DNT:dnt C:\Documents and Settings\brooksv\Vivian~shares\SE4th Street\CRA Interlocal (SE4th Street) (IO-05).doc improperly failed to make timely payment due to CRA's improper failure to comply with its payment obligations pursuant to this Agreement. Section 6. INDEMNIFICATION, SOVEREIGN IMMUNITY, and INSURANCE 6.01 Without waiver of limitation as per Section 768.28(5), Florida Statutes, and to the extent permitted by law, the CITY and CRA agree to indemnifY and hold harmless each other from any claims, losses, demand, cause of action or liability of whatsoever kind or nature that the CITY or CRA, or either party's agents or employees mayor could incur as a result of or emanating out of the terms and conditions contained in this Agreement, that result from CITY's or CRA's or any consultant's or contractor's negligence or willful conduct (or that of their respective agents or employees) or from breach of this Agreement. 6.02 CITY and CRA shall maintain at their own cost and expense all insurance policies providing coverage for liability protection in accordance with state law. Certificates of Insurance reflecting evidence of the required insurance shall be filed with the CITY's Risk Manager and with the CRA' s Controller, respectively, prior to or at the time of execution of the Agreement. These Certificates shall contain a provision that coverages afforded under these policies will not be cancelled until at least forty-five (45) days prior written notice has been given to the other party. Policies shall be issued by companies authorized to do business pursuant to the laws of the State of Florida. Financial Ratings must be not less than "A-VI" in the latest edition of "Best Key Rating Guide", published 6.03 CITY and CRA shall maintain at their own cost and expense all insurance policies providing coverage for liability protection in accordance with state law. Certificates of Insurance reflecting evidence of the required insurance shall be filed with the CITY's Risk Manager and with the CRA's Controller, respectively, prior to or at the time of execution of the Agreement. These Certificates shall contain a provision that coverages afforded under these policies will not be cancelled until at least forty-five (45) days prior written notice ha~ been given to the other party. Policies shall be issued by companies authorized to do business pursuant to the laws of the State of Florida. Financial Ratings must be not less than "A-VI" in the latest edition of "Best Key Rating Guide", published by A.M. Best Guide. Section 7. RECORDS 7.01 CRA and CITY shall each maintain their own respective records and documents associated with this Agreement in accordance with the requirements set forth in Chapter 119, Florida Statutes. All such records shall be adequate to justify all charges, expenses, and costs incurred in accordance with generally accepted accounting principles. Each party shall have access to the other party's books, records and documents as required in this Agreement for the purpose of inspection or audit during normal business hours during the term of this Agreement and for at least three (3) years after completion of the Project. Page 5 of9 DNT:dnt C:\Documents and Settings\brooksv\ Vivian ~ shareslSE4th StreetlCRA Interlocal (SE4th Street) (I 0-05) doc Section 8. ASSIGNMENT 8.01 The respective obligations of the parties shall not be assigned, in whole or in part without the written consent of the other party. Section 9. TERMINA TIONIDEF AUL T 9.01 Prior to the Boynton Beach City Commission approving a contract for the construction of the Project, this Agreement may be terminated by either party upon thirty (30) calendar days written notice. 9.02 If either party fails to perform or observe any of the material terms and conditions of this Agreement for a period of ten (10) calendar days after receipt of written notice of such default from the other party, the party giving notice of default may be entitled, but is not required, to seek specific performance of this Agreement on an expedited basis, as the performance of the material terms and conditions contained herein relate to the health, safety, and welfare of the residents subject to this Agreement. Failure of any party to exercise its right in the event of any breach by the other party shall not constitute a waiver of such rights. No party shall be deemed to have waived any failure to perform by the other party unless such waiver is in writing and signed by the other party. Such waiver shall be limited to the terms specifically contained therein. This section shall be without prejudice to the rights of any party to seek a legal remedy for any breach of the other party as may be available to it in law or equity. Section 10. COMPLIANCE WITH LAWS 10.01 CITY and CRA shall comply with all statutes, laws, ordinances, rules, regulations and lawful orders of the United States of America, State of Florida and of any other public authority which may be applicable. Section 11. VENUE 11.0 I Any and all legal actions necessary to enforce the terms of this Agreement shall be conducted in the Fifteenth Judicial Circuit in and for Palm Beach County, Florida, or, if in federal court, in the United States District Court for the Southern District of Florida. Section 12. GOVERNING LAW 12.01 The validity, construction and effect of this Agreement shall be governed by the laws of the State of Florida. Page 6 of9 DNT:dnt C;\Documents and Settings\brooksvlVivian_shares\SE4th Street\CRA Interlocal (SE4th Street) (1O-05).doc Section 13. ENTIRE AGREEMENT 13.01 This Agreement contains the entire understanding of the parties relating to the subject matter hereof superseding all prior communications between the parties whether oral or written, and this Agreement may not be altered, amended, modified or otherwise changed nor may any of the terms hereof be waived, except by a written instrument executed by both parties. The failure of a party to seek redress for violation of or to insist on strict performance of any of the covenants of this Agreement shall not be construed as a waiver or relinquishment for the future of any covenant, term, condition or election but the same shall continue and remain in full force and effect. Section 14. SEVERABILITY 14.01 Should any part, term or provision of this Agreement be by the courts decided to be illegal or in conflict with any law of the State, the validity of the remaining portions or provisions shall not be affected thereby. Section 15. CONTRACT ADMINISTRATORS 15.01 The Contract Administrators for each party shall be as follows: CITY: Kofi Boateng, Utilities Director City of Boynton Beach 124 E. Woolbright Road Boynton Beach, FL 33435 Telephone (561) 742- 6401 Facsimile (954) 742-6298 CRA: Lisa A. Bright, Interim Executive Director Boynton Beach CRA 639 E. Ocean Avenue, Suite 107 Boynton Beach, FL 33435 Telephone (561) 737-3256 Facsimile (561) 737-3258 Section 16. NOTICES 16.01 Whenever either party desires to give notice to the other, such notice must be in writing and sent by United States mail, return receipt requested, courier, evidenced by a delivery receipt, or by overnight express delivery service, evidenced by a delivery receipt, addressed to the party for whom it is intended at the place last specified; and the place for giving of notice shall remain until it shall have been changed by written notice in compliance with the provisions of this paragraph. For the present, the parties designate the following as the respective places for giving of notice. Page 7 of9 DNT:dnt S:\CA\CRA\CRA Interlocal (SE4th Street) (IO-05).doc CITY: Kurt Bressner, City Manager City of Boynton Beach 100 E. Boynton Beach Boulevard Boynton Beach, FL 33425 Copy To: James A. Cherof, Office of the City Attorney Goren, Cherof, Doody & Ezrol, P.A. 3099 East Commercial Boulevard, Suite 200 Fort Lauderdale, Florida 33308 CRA: Lisa A. Bright, Interim Executive Director Boynton Beach CRA 639 E. Ocean Avenue, Suite 107 Boynton Beach, Florida 33435 Copy To: Kenneth G. Spillias, Esquire Lewis, Longman & Walker, P.A. 1700 Palm Beach Lakes Boulevard, Suite 1000 West Palm Beach, Florida 33401 Section 17. INTERPRETATION 17.01 This Agreement shall not be construed more strictly against one party than against the other merely by virtue of the fact that it may have been prepared by counsel for one of the parties. IN WITNESS WHEREOF, the CITY OF BOYNTON BEACH and the BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY have caused these presents to be executed in their respective names by the proper officials the day and year first above written. CITY OF BOYNTON BEACH a municipal corporation organized and existing under the laws of the State of Florida By: Jerry Taylor, Mayor ATTEST: Janet Prainito, City Clerk Page 8 of9 DNT:dnt C:IDocuments and SettingslbrooksvlVivian_shareslSE4th StreetlCRA Interlocal (SE4th Street) (IO-05).doc Approved as to form: City Attorney BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, a public agency organized and existing under the laws of the State of Florida By: 5d'~//~~ (J,^,,'<'-- /Jeanne Heavilin, Chair Page 90f9 DNT:dnt C:\Documents and Settingslbrooksvl Vivian _ shareslSE4th StreetlCRA Interlocal (SE4th Street) (t 0-05l.doc 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 Meetin!! Dates in to City Clerk's Oflicc Meelinll Dates in to Citv Clerk's Office 0 December 6, 2005 November 14, 2005 (Noon.) ~ February 7,2006 January 17,2006 (Noon) 0 December 20, 2005 December 5, 2005 (Noon) 0 February 21,2006 February 6, 2006 (Noon) 0 January 3, 2006 December 19, 2005 (Noon) 0 March 7,2006 February 21,2006 (Noon) 0 January] 7,2006 January 3, 2006 (Noon) 0 March 2],2006 March 6, 2006 (Noon) 0 Administrative 0 Development Plans NATURE OF ~ 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: Motion to approve Amendment #1 to Task Order #U04-16-2, PBS&J, and to execute a resolution in the amount of$ $349,848.00. Also approve a 5% owner's contingency of $17,492.00 for a total budget appropriation of $ 367,340.00. EXPLANATION: Task Order #U04-16-2 was approved by City Commission on July 20, 2004, Resolution #R04-120. Task Order #U04-16-2 for the S.E. Federal Highway Corridor Project included professional engineering services for water service, roadway, and storm water drainage improvements. The project area is geographically located as follows: Eastern Area: East of US #1: S.E. 7'h Avenue (Kepner Drive) on the north, US #1 on the west, the Intracoastal Waterway on the east, and to Riviera Drive on the South. Western Area: West of US #1: S.E. 4th Street from S.E. 6th Avenue on the north, S.E. 12th Avenue on the south, then west along S.E. 12th Avenue, crossing under the FEC railroad and intersecting with S.E. 1" Street. PROGRAM IMPACT: Design for similar work in a contiguous area (S.E. 4th Street from S.E. 12lh Avenue to S.E. 2nd Avenue) was performed previously by another consultant for a project known as the Downtown Watershed, Phase 2 of 3. This area is within the boundaries of the CRA and is slated for public improvements for on-street parking, sidewalks, storm water drainage, street lights, water main improvements and landscaping. S:IBULLETINIFORMSIAGENDA ITEM REQUEST FORM.DOC t CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM A meeting was held between Utility Department staff, Public Works Department staff, Planning and Zoning staff, and members of the CRA to review the scope of work for the S.E. 4th Street area; the Meeting Minutes are Exhibit' A'. It was determined that since the engineering and subsequent construction along S.E. 4th Street coincides with the S.E. Federal Highway Corridor Project, it would be feasible to combine the two projects. The CRA offered to share the costs associated with the S.E. 4th Street portion by executing an Interlocal Agreement after approval of the City Commission. During a meeting with the City Manager on January 5, 2006, the possibility of working with Florida Power and Light (FPL) to install underground power lines was addressed. A Phone Conversation Record (Exhibit 'B') between PBS&J and FPL defines the costs and issues related to the installation. PBS&J estimated the costs at $1.28 million, this estimate does not include acquisition of easements, if necessary; or, additional costs to the City for their responsibility to connect the lines to individual homes and bring service boxes up to current codes. The Utilities Department does not recommend installation of underground power lines for this project. As a result of the interdepartmental meeting, Amendment #1 provides a revised scope of work and additional engineering costs that will be performed by PBS&J. A separate Agenda Item Request for approval and execution of the Interlocal Agreement between the CRA and the City is also on this agenda, February 7, 2006. Table 1 outlines the proposed engineerng and design cost sharing. TABLE 1 Amendment #1 to Task Order #U04-l6-2 to PBS&J - Cost Sharing CITY SHARE CRASHARE TOTAL Total 5% Contingency TOTAL BUDGET APPROPRIATION $ 140,997 $ 7,049 $ 148,046 $ 208,851 $ 10,443 $ 219,294 $ 349,848 $ 17,492 $ 367,340 The revised scope of work in Amendment #1 includes the following: Reclaimed Water Main o Design and permitting - exact size and location along S.E. 4th Street will be determined during design o City's intent to install as dry line for future connection to the City's reclaimed system Redesign the following: o Roadway plans/on-street parking/sidewalks o Utilization of a positive pavement crown in both north and south bound directions/incorporate raised center roadway median o Drainage plans/eliminate proposed detentionlretension plans o Provide drainage plans for exfiltration of excess stormwater o Stormwater plans for collection o Proposed water main location and related service line o Design electrical distribution system for light poles S,IBULLETlNlFORMSIAGENDA ITEM REQUEST FORM.DOC ~""!':.o,. i r. i. ., ,~) ... '; 0\. g ~'V -', --'< ~ iON oj) CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Additional Services: o Preparation of permits to PBCHD, and/or SFWMD as required o Redesigu the proposed water main location and related service line in accordance with the proposed construction of other project improvements o Proposed new water main will consist of 12-inch diameter cement lined ductile iron pipe FISCAL IMPACT: TASK ORDER COMMISSION ACCOUNT NUMBER AMOUNT APPROVED 403-5000-590-96.02 WTR124 Task Order #U02-16-2 July 20, 2004 403-5000-590-96.09 STM030 $ 290,781.00 403-5000-590-96.04 SWRI00 Amendment #1, Proposed Approval Same as above $ 349,848.00 Task Order U02-16-2 Februarv 7, 2006 5% Contingency Proposed Approval Same as above $ 17,492.40 Februarv 7, 2006 TOTAL ENGINEERING COSTS $ 658,121.40 Based on Amendment #1 for engineering costs, the City's share is $ 148,046 (including contillgencies) or 40% of Amenment #1. The City will then invoice the CRA for their agreed upon share outlined in the Interlocal Agreement. ALTERNATIVES: The project area neighborhoods are affected by chronic water and storm water problems, a result of the City's aging utilities infrastructure. It would be in the best interest of the City to move forward with combining the improvements for the two areas and take advantage of the financial backing from the CRA. If the City Commission decides to bear the cost for installation of underground power lines, it would be necessary to redefine Amendment #1 and the Interlocal Agreement with the CRA, and determine a source of funding. S:\BULLETINlFORMSIAGENDA ITEM REQUEST FORM DOC err CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM . ~ - . . ~-~ ~ . '~~~-~Q Kofi Boateng . Director of Utilities Utilities Department Name City Attorney / Finance / Human esources Attachment - Two (2) original Amendment #1 for execution Exhibit' A' - Meeting Minutes Exhibit 'B' - Phone Conversation Record Photographs of existing area Engineering's depiction of proposed improvements b~: ;Kofi Boateng, Director of Utilities 1'pr Pete Mazzella, Deputy Utilities Director Paul Fleming, Sr. Project Manager Barb Conboy, Manager, Utilities Admiuistration Community Redevelopment Agency PMT File S,IBULLETINlFORMSIAGENDA ITEM REQUEST FORM.DOC II 1 i RESOLUTION NO. R06- 2 3 A RESOLUTION OF THE CITY COMMISSION OF THE 4 CITY OF BOYNTON BEACH, FLORIDA, 5 AUTHORIZING EXECUTION OF AMENDMENT NO.1 6 TO TASK ORDER NO. U04-16-2 TO PBS&J TO 7 PROVIDE A REVISED SCOPE OF WORK AND 8 ADDITIONAL ENGINEERING COSTS THAT WILL BE 9 PERFORMED BY PBS&J IN THE AMOUNT OF 10 $349,848.00 WITH A 5% OWNER'S CONTINGENCY OF 11 $17,492.00 FOR A TOTAL OF $367,340.00; AND 12 PROVIDING AN EFFECTIVE DATE. 13 14 WHEREAS, On July 20, 2004 the City Commission approved Task Order No. U04- 15 16-2 for PBS&J to perform professional engineering services for water service, roadway and 16 storm water improvements for the S.E. Federal Highway Corridor Project; and 17 WHEREAS, design for similar work in a contiguous area was performed previously 18 by another consultant for a proj ect known as the Downtown Watershed, Phase 2 Of 3 which is 19 within the boundaries of the CRA; and 20 WHEREAS, staff has determined that it would be feasible to combine the two 21 projects. 22 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 23 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 24 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 25 being true and correct and are hereby made a specific part of this Resolution upon adoption 26 hereo f. 27 Section 2. The City Commission of the City of Boynton Beach, Florida does 28 hereby authorize and direct the approval and execution of Amendment No. 1 to Task Order 29 U04-16-2 to PBS&J in the amount of$349,848.00, plus a 5% owner's contingency for a total S:\CA\RESO\AgreemenlsITask - Change Orders\PBSJ -Amd #1 Task Order U04-16-2.doc II of $367,340.00 to provide a revised scope of work and additional engineering costs that will 2 be performed by PBS&J, a copy of which is attached hereto as Exhibit "A". 3 Section 3. This Resolution shall become effective immediately upon passage. 4 PASSED AND ADOPTED this _ day of February, 2006. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 ATTEST: 24 25 26 City Clerk 27 28 29 (City Seal) CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner S:\CA\RESO\AgreemenlsITask - Change Orders\PBSJ -Amd #1 Task Order U04-16-2.doc AMENDMENT NO.1 TO TASK ORDER NO. U04-16-02 FINAL DESIGN, PERMITTING, AND SERVICES DURING CONSTRUCTION FOR WATERMAIN REPLACEMENT, STORMWATERMANAGEMENT AND ROADWAY IMPROVEMENTS FOR SQUTHEAST FEDERAL ffiGHWAY CORRIDOR PROJECT November 11, 2005 City of Boynton Beach, Florida PBS&J Project No. 140497.00 Background The City of Boynton Beach (CITY) has previously authorized PBS&J (CONSULTANT) to provide professional engineering services relating to neighborhood improvements for the area along the southeastern corridor of Federal Highway (US 1). The work authorized for Task Order No. U04-16-02 consists of various combinations of water, roadway and drainage improvements for the following general areas: E~~t~r~M~ll(Lj'jl1g ~~sLof USl}:__'~'jt!ll_n_~n !!fll.a .!>oEnd~generally described as SE 7ib. Avenue (Kepner Drive) on the North to US Ion the West and to thefntiiooast3.1~---'-- Waterway on the East and to Riviera Drive on the South, And, Western Area (Lying west of US 1): Within an area boundary generally described as SE 4th Street from SE 6th Avenue on the North to SE 12th Avenue on the South, then West along SE 12th Avenue crossing under the Florida East Coast Railroad and intersecting with SE 1 st Street. A. Expanded Scope Description The CITY has requested that similar work in a contiguous area performed previously by another consultant be integrated into the authorized PBS&J contract (Task Order No. U04-16-02) so that one construction contract is issued for bidding and construction. The limits of the work for the area to be added are as follows: . SE 4th Street from SE 6th Avenue to SE 2nd Avenue (Added Project Area) Changes to design assumptions and criteria to the Consultant's work have been requested and will be implemented as part of the work. The requested change follows a February 11, 2005 meeting between Utility Department staff, Public Works Department staff, Planning and Zoning staff, and members of the CITY's CRA. Results of this meeting Page 1 of18 indicated that the scope of the previously performed design work, as well as the scope of the work already underway on PBS&J' s Task Order No. U04-16-02 should be realigned to better fit the CITY's proposed development template, as recent development decisions and commitments occurring within the Western project area subsequent to the initiation of both design projects had not been incorporated into the proposed design work. This document describes the changes or amendments to the original work that are needed to satisfy the new development requirements. As a result, it will be necessary to modify the work and this scope of work reflects such considerations. Certain aspects of the work that have not changed will be reused to the extent allowable for budgetary and time saving purposes. B. Scope of Services Task 1. Survey Phase 1 Survey: PBS&J agrees to use the CITY's original survey completed for the limits of this work (SE 4th Street from SE 6th Avenue to SE 2nd Avenue comprising approximately 1,665 linear feet) and further assumes that the survey information will be adequate to redesign the project. ~At the CITY' s req1.i~st, -~~ rontIngellcy h!l;lbeenalfocat~ed-to cover anypotentlai ~vo[c1s-in~ -~ the survey information that will be made available to PBS&J by the CITY. Additional survey data, if needed, will be regarded as an Additional Services item. Phase 2 Utility Locating and Surveying: Services of precision locating existing utilities by vacuum excavation and subsequent surveying were not included in the original work nor have they been included in this amendment by request of the CITY. If it is determined that these services are needed due to resolve utility design conflicts, they will be considered an Additional Service Item. Task 2A - Reclaimed Water Main The CONSULTANT will provide professional engineering services for the design and permitting of a reclaimed water main along SE 4th Street. The exact size and location of the main within the 4th Street right of way will be determined during design, but it is the CITY's intent that the CONSULTANT will design the reclaimed main with plugs at each end to be permitted and installed as a dry line until such time as a connection can be made to the CITY's reclaimed system by others or under separate contract. The design of the main will include such appurtenances as valves, tees, fittings, etc. to facilitate the CITY's use of the reclaimed water at various locations along the SE 4th Street route and these appurtenances will be determined during detailed design. A fee of$ 18,900 has been allocated for the design of the reclaimed water main and appurtenances. It is the CONSULTANT's intent that the design of this pipeline and associated appurtenances Page 2 of IS will be shown in the common plan and profile drawings used for other project features. The hourly breakdown of this design fee can be found in the Labor and Expense Summary Spreadsheet. The permitting subtask for installation of the reclaimed water main includes the completion and submittal of permit applications to the PBCHD for a dry line installation. Additionally, the CONSULT ANT will assist the CITY in the completion and submittal of an application to the SFWMD for Alternative Water Project funding of the reclaimed water main. The process for acquiring funding for these types of projects through the SFWMD is competitive and CONSULTANT makes no warranty that funding will be secured. A fee of$1,100 has been allocated for dry line permitting and a fee of$5,800 has been allocated for funding assistance described above. The hourly breakdown of this fee can be found in the Labor and Expense Summary Spreadsheet. If additional sUlVey or geotechnical fee is required to complete the design and/or permitting in excess of the allowances allocated for the project, it shall be regarded as an additional service. At the CITY's request, landscape architecture services have been not been included in this task. If these services are subsequently requested by the CITY, they shall be regarded as an additional service. Task 2A Deliverables 1. CONSULTANT will include design of reclaimed water main on project design documents and Jlubmit.tbes~LliocumeJllsJ(tthe _CITY j!l.!lg_QQfQl!IlcIL'~'ith_tl1~_d_~igIl_ ______ __ _ _ deliverables schedule described in Task 2B. 2. CONSULTANT will attend up to eight (8) hours of meetings to discuss permitting and/or funding with authorities having jurisdiction. 3. CONSULTANT will prepare and submit permitting and funding applications to authorities having jurisdiction. Task 2B - Design The CONSULTANT will provide professional design engineering services to the CITY for the following work within the limits of the work (LOW): · Redesign roadway plans to show on-street parking and sidewalks on east and west sides of SE 4th Street. Minimum parking lane widths provided will be the CITY's standard of 8 feet. · Redesign roadway to utilize a positive pavement crown in both the north- and south-bound directions and incorporate a raised center roadway median within LOW. Minimum travel lane widths to be used in the design will be the CITY's standard of 11 feet. · Redesign drainage plans to eliminate the jroposed detention/retention pond planned for the northwest comer of SE 4 Street and SE 6th Avenue. · Redesign drainage glans to provide for 100% exfiltration of excess stormwater for the section of SE 4 Street from SE 6th Avenue to SE 2nd Avenue. Page 3 of 18 · Redesign stormwater plans to provide for collection of stormwaters via the combination of periodically spaced valley curb grates, catch basins, and other devices as required in both north-and south-bound directions of SE 4th Street. Collected stormwaters will be disposed of via a centralized exfiltration system under one or both travel lanes of SE 4th Street. · Redesign, if necessary, the proposed water main location and related service lines in accordance with the proposed construction of other project improvements. · Coordinate with FP&L for the removal of existing power poles within LOW. PBS&J will depict on the drawings the proposed locations of new power poles on the right of way. The project area where the power pole relocations are to occur extends along SE 4th Street from SE 12th Avenue to SE 2nd Avenue. · Design electrical distribution system for new light poles along the section of SE 4th Street on both east and west sides of the road (or along center median, whichever location the CITY prefers), extending from SE 12th Avenue to SE 2nd Avenue. Power for the new lights will be via proposed underground conduits. Light pole design will in accordance with CITY standard. Design oflighting system will allow future extension (by others) from SE 2nd Avenue to East Ocean Drive. The work for this task will be the preparation of Drawings and Specifications to be used for bidding and construction, and the integration of these documents with work previously authorized by the CITY as Task Order No. U04-16-02, Southeast Federal - - - - - - HighwayCorFidef ProjeGt-into-one complete set {)f-construd:ioll- dOcumeDts,----________ The specific work to be provided by CONSULTANT will be performed in accordance with the following guidelines: I. CONSULTANT will use available utility plans and maps of the area for location of existing utilities to facilitate new utility and/or roadway construction. Using this data, PBS&J will prepare design plans at various stages and coordinate the proposed water main and storm water piping alignments with existing utility alignments to avoid conflictive routings to the extent possible with the data available. 2. Right of way improvements and sidewalk replacement will be depicted by use of typical standard sections and details keyed to the plan drawings. Driveways will likewise be re-graded and repaired as indicated on typical standard restoration details contained in the drawings. The roadway design for SE 4th Street will utilize curb and gutter design in lieu of swales from SE 12th Avenue to SE 2nd Avenue. 3. Surface details such as fences, sidewalks, curbs, vegetation, signs, poles, etc. will be noted to the extent that they may be materially affected by the construction of the swale, pipeline, driveway, and sidewalk improvements. 4. Existing underground utilities will be shown on the drawings to the extent available based on existing electronic survey information obtained from the CITY. PBS&J assumes that utilities shown on CITY's existing survey are only those located within Page 4 of 18 the work area that will materially effect construction of the improvements (i.e. water or sewer mains, telephone conduits and cable, fiber optic or electrical lines). Irrigation system tubing/piping and appurtenances are expected by PBS&J to be excluded from items in the existing survey. 5. Drawings will be provided to the CITY at 60, and 90 percent stages of design completion. The 60 and 90 percent drawings will be provided in full-size format. Drawings for permit review will also be full size format. 6. The Drawings will show locations of new and existing water lines, existing sanitary sewers, and storm water inlets (to the extent these features were included in the existing survey provided to PBS&J by the CITY). Streets, driveways, and sidewalks will be outlined on the Drawings (to the extent included in the existing survey to be provided to PBS&J by the CITY). Drawings will be at a scale of I-inch equals 20 feet. Water main drawings will be prepared using a double panel format (profile for water main improvements will not be provided) while stormwater improvements may be prepared using a plan over profile format. The depiction of these features on the plans is included on the survey performed and provided by PBS&J under Task Order No. U04-16-02. These same items will be shown, to the extent available, using existing survey data obtained by PBS&J from the CITY on the roadway portion of SE 4th Street from SE 6th Avenue to SE 2nd Avenue. --- - -___-1~p-QIU:Q.m~letion of the 6~~J!r~wl~ CONSULT ANT_will.!lI.QQ!Y.!~ CITY~Q.______ (2) sets of review documents. The CONSULTANT will attend a 60% design review - - -- - workshop with CITY personnel to receive and discuss review comments regarding the documents. The CITY will provide CONSULTANT with a marked set of the documents containing the CITY's consolidated comments for use in preparation of the next stage of design deliverables. For the 60% deliverable, a draft table of contents of the technical specifications, draft bid schedule, and draft measurement and payment section to be used on the project, along with a preliminary cost estimate will be provided. Following the 60% design review meeting, but prior to submittal of the 90% plans, CONSULTANT will submit permit applications to appropriate authorities having jurisdiction, as further described under "Task 3 - Permitting". 8. Upon completion of the 90% drawings, CONSULTANT will supply the CITY two (2) sets of review documents. The CONSULTANT will attend a 90% design review workshop with CITY personnel to receive and discuss review comments regarding the documents. The CITY will provide CONSULTANT with a marked set of the documents containing the CITY's consolidated comments for use in preparation of the next stage of design deliverables. For the 90% deliverable, an updated set of draft specifications and an updated cost estimate will be provided. 9. Upon completion of the 100% documents, CONSULTANT will supply the CITY one (I) set of the final documents (plans and specifications). Additional copies, if needed, will be billed at cost as specified in the negotiated rate schedule. Page 5 of 18 18. An opinion of probable construction cost will be prepared for the 60%, 90% and 100% drawings and specifications. The cost estimate format will be consistent with the bid proposal tabulation sheet for the project. 19. The project drawings have been estimated to consist of the following sheets: T.O.2 Amend. 1 Sheet No. Drawinl! No. Add. Drawinl! Descriotion I G-O Cover Sheet (Title & Vicinity Map) 2 G-l Index & Key Plan J G.2 Genera1 Notes & Legend 4 G-J Typical Sections 5-7 C-l toC-3 Roadwa; Improvements for SE 4th Street (SE 12 Ave. to SE 6th Ave.) 8-10 C-4 to C-6 Roadway Improvement for SE 4th Street (SE 6'" Ave. to SE 2nd Ave.) 11-20 C-7 to C-16 Water Main, Drainage, Reclaimed & Roadway Improvements (East Side) 21-22 C-17 C-18 Pavement Marldng & Signage 23-28 E-l to E-6 Lighting 29-34 D-l to D-6 Standard Utility & Civil Details 35.38 D-7 to D-lO Standard Electrical Details 39-40 D-11 to D-12 Reclaimed Water Details - - -- n 41 --0.-7- --- --D-B-m- m_n E1id--Tab-Items-- ~__ _ _ __ _ __ __ _ ____ - --- -- 42 D.8 D-14 Material Specifications SubTotals 26 16 Total 42 Sheets 20. PBS&J agrees to use original geotechnical investigation work provided to PBS&J by the CITY that was previously completed for the limits of the work (SE 4th Street from SE 6th Avenue to SE 2M Avenue comprising approximately 1,665 linear feet) and further assumes that the geotechnical information will be adequate to redesign the project. To account for any potential voids in the geotechnical information (missing or additional data that is needed) made available to PBS&J, a contingency amount of $3,000 has been included in this amendment. This contingency will be used only with the written permission of the CITY to cover any additional work needed that is not available from the original geotechnical investigation work. PBS&J will engage the services of a geotechnical sub consultant, to the amount of fee allocated ($3,000) for this work. Additional fee, if required by the geotechnical subconsultant to perform the needed testing in the Added Project Area, will be regarded as an Additional Service Item. Task 2B Deliverables: I. Attend 60%, and 90% drawing review meetings. Page 7 of 18 2. Provide 2 sets of drawings to CITY at 60"10 (and preliminary opinion of probable cost) 3. Provide drawings to CITY at 90% (including draft bid documents, and preliminary opinion of probable cost) 4. Provide 1 set offinal drawings to CITY (including bid documents and final cost estimate) 5. Provide one copy of the geotechnical report and boring logs (to the extent available). 6. Cost Estimates at 60%,90"10 and 100% Task 3 - Permitting The CONSULTANT will assist the CITY in obtaining Palm Beach County Public Health Department (PBCPHD) pennits for the water line replacement by completing the pennit forms for CITY approvaVsignature and providing drawings and specifications required by the application. Pennit application forms, including drawings and specifications, for permitting through the PBCPHD will be submitted to the CITY following incorporation of the 60"/0 design review comments into the plans and specifications (but prior to the 90% design review). The FDEP "Application for General Pennit to Construct PWS System Components" application is required when new water mains are to be relocated (i.e. not in the same trench as the existing lines). Permit fees will be paid by the CITY. The CONSULTANT will also assist the CITY in obtaining South Florida Water Management District (SFWMD) permits for the construction of drainage improvements bYC9!l1wetJJlg lh~p~ffil!LfQrrn~ for_C;:JrY~ppr.9.Y~Jlsi8.l!!l!l!l"e anQ.provi(ii~~awi.!!8s and specifications required by the application. Pennit application forms to the SFWMD, -. --- - including drawings and specifications, will be submitted to the CITY following incorporation of the 90% design review comments into the plans and specifications. A pre-pennit conference with the SFWMD will be held to discuss the proposed drainage improvements contemplated by this project. Pennit fees will be paid by the CITY. CONSULTANT will prepare and submit, on the CITY's behalf, a SFWMD dewatering permit application Two copies of the final permitting packages (plus the number of SFWMD required copies) will be submitted to the CITY following incorporation of the 90% design review comments. CONSULTANT will prepare two (2) responses to "request for additional information" made by each of the regulatory agencies following submittal of the permit applications. Additional responses to agency requests for additional information will be considered an Additional Services item. Florida Department of Transportation (FDOT) work permits will not be required for work within the Added Project Area. CITY right of way permits will be required from the CITY of Boynton Beach. The selected contractor will be required to apply for and acquire the necessary right of way Page 8 of 18 permit. No fee has been included in this Amendment for CONSULTANT to assist contractor with obtaining these permits. Preparation of other permits for the above agencies (or for other regulatory agencies) beyond that specified above will be considered an Additional Services item. Examples of typical permits not included in this scope of work include wetland dredge and fill permits, Asbestos Handling/Disposal notification permits (for handling and disposal of A-C pipe), Archeological !Historical preservation permits, endangered species permits, tree removal permits, assisting contractor with right-of-way pennits, etc. Task 3 Deliverables I. Prepare and submit PBCHD permit application packages for proposed water work and provide CITY with I copy of permit application package. 2. Prepare and submit SFWMD permit application packages for proposed stormwater work and provide CITY with 1 copy of permit application package. 3. Prepare and submit SFWMD dewatering permit application package and provide CITY with 1 copy of permit application package. 5.. Respond twice to RFls from each agency. Task 4 - Bid Phase Services . NQ ChllPges frQm_T@sk QnJ~ N9.. V04-16-02.forT~k 4,_ Bid l'ha.se _SeIYic~s. Task 5 - Services During Construction The specific SDC phase services to be provided by the CONSULTANT include the following: 1. Receive, log, and review shop drawing and product submittals for general conformance with the design intent and provisions of the Contract Documents. Review of up to 10 submittal packages (total, which includes submittals and re- submittals, if required) is included in the budget for SDC phase services. PBS&J will review and return submittals to the Contractor within 10 working days of receipt. 2. Attend monthly construction progress meetings (22 hours has been allocated by PBS&J in this amendment for the Project Manager, as requested by the CITY, to attend monthly progress meetings). Project meetings will be conducted by the PBS&J's Resident Observer. Following the meeting, the Resident Observer will prepare and distribute meeting minutes to the CITY and other attendees. Meetings will be held at the project's field office unless noted otherwise. In addition to monthly progress meetings, weekly progress meetings will also be held and attended by the Contractor, CITY and Resident Observer. PBS&J has not allocated any fee for the Project Manager's attendance at weekly project meetings. Pnge9of18 3. Review monthly payment applications submitted in a format acceptable to the CITY. Assist the CITY to reconcile the Contractor payment requests, clarifications, and responses to requests for quotation. A consecutive fifteen (15) month (65 week) construction period is assumed in budgeting these tasks. 4. Respond in writing to Contractor's Request for Information (RFI) regarding the design documents. A total of twenty five (25) RFI responses have been included in this task. PBS&J will issue technical interpretations and clarifications of the Contract Documents, along with associated support materials, as requested by the contractor. These interpretations will be rendered and a response prepared and submitted to the contractor within one week. 5. Assist CITY in negotiation of Change Orders (CO) and Field Change Directives (FCD) during the 15 month construction period. For the purpose of this amendment, it is assumed that CONSULTANT'S field representative will facilitate the processing ofFCDs and COs as part of the field representative's daily tasks, and it is on this assumption and at the CITY's request that no additional fee and no additional expenses have been included in this amendment for these services. While every effort will be made to process FCDs and COs using the services of the CONSULTANT's field representative at the hours allocated for the field representative, engagement of other members of . ..CQNSULTANI's_st~ (incluJiing S:ua~_QRStJ"LT.MfLS) for~dlingXgJ~ al}4. COs, if needed (project Engineer, Senior Project Manager, clerical), will be considered an Additional Services Item. 6. Review work progress at key steps to allow certifications to the SFWMD and PBCPHD that work was completed in general conformance with the Contract Documents. Review to include confirmation that water services were properly pressure tested and bacteriologically sampled to allow a "request for release of facilities to be placed into service" to be filed with the PBCPHD. CONSULTANT will assist the CITY in obtaining the appropriate PBCPHD release for completed facilities by filling out the forms and facilitating submittal to appropriate agencies. 7. In conjunction with CITY staff, make preliminary and final inspections and assist in the preparation of a Contractor "punch list" to achieve Substantial Completion. Review completion of identified punch list items to assist in the detennination that Substantial Completion has been achieved by the Contractor. Advise the CITY that Final Acceptance of the project has been reached in accordance with the Contract Documents. Task 5 Deliverables: 1. Review shop drawing and product submittals for up to 10 submittal packages. Page 10 of 18 2. Attend progress meetings, provide a written summary of the issues discussed, prepare and distribute meeting minutes to the CITY and other attendees. 3. Review montWy payment applications; assist the CITY to reconcile the Contractor payment requests, clarifications, and responses to requests for quotations. 4. Respond in writing to Contractor's Request for Information (RFI) regarding the design documents. 5. Prepare and assist CITY in negotiation of change orders and field change directives. 6. Review work progress, review test and sampling data, and assist the CITY in obtaining the appropriate PBCPHD release for completed facilities. 7. Prepare a Contractor "punch list", assist in the determination that Substantial Completion has been achieved, advise the CITY regarding Final Acceptance of the project. Task 6 - Resident Observation .. - - Tbi~_a.m~l}d_m~nL RfoyLd~~ fol". tn 1 _h9!!f.LQt Re_sj~~t. 9bJ~rv~tiQIl_s~ryic.es. _ Ihese hours, combined with 509 hours previously approved under Task Order No. U04-16-02- allows a total of 2,240 hours available for PBS&J to provide full time construction observation services for this project (40 hours per week x 56 weeks). The staff hours added under this amendment have been allocated on a time and materials basis as requested by the CITY for PBS&J's Resident Observer. While the construction time for this project has been estimated by the CONSULTANT to be approximately fifteen (15) months (65 weeks), at the request of the CITY the time allocated for Resident Observation services and related support services has been reduced to thirteen (13) months (56 weeks) as a cost saving measure. Additional resident observation time, if required by CONSULTANT to complete the project, will be considered an Additional Services Item. Additional fee, if needed, will require additional authorization, and fee not used will not be billed. This amendment provides for 29 hours offield services. These hours, combined with 38 hours previously approved under Task Order No. U04-16-02 allows a total of 67 hours (4.5 hours per month for 15 months) allocated for construction matters requiring the Senior Project Manager's attention. This amendment also provides for 6 hours of Clerical support services, which combined with 10 hours previously approved under Task Order No. U04-16-02 allows a total of 16 hours (1 hour per month for 16 months) allocated. Additional time, if required by CONSULTANT to complete the project, will be considered an Additional Services Item. Additional fee, if needed, will require additional authorization, and fee not used will not be billed. Page 11 of 18 As part of this task, the construction will be monitored for compliance with the Contract Documents. Additionally, the supervision of testing, as outlined in the Contract Documents, will be monitored and properly documented. The coordination of resolutions to design and construction issues will also be provided. As required by some permitting agencies and the CITY, upon concurrence by the Construction Inspector and the CITY, the CONSULT ANT will issue a Certification of Substantial Completion (using CITY's standard fonn). CITY will issue Final Acceptance of project. Task 6 Deliverables: One (1) copy of daily observation report, forwarded monthly to CITY. C. Assumptions In addition to the work items discussed above, the following assumptions were made in establishing the scope of the amendment and associated fee. Changes and/or modifications in the above work items for these assumptions are considered an Additional Services Item under the terms of the contract. Assumptions include: 1. The scope and budget are based on a closed system with exfiltration basins. 2. - The CITY-~lIpr;;VideCONSULTANfan electronic version-of"front endii-(:()ntract~--- - documents in MICROSOFT "WORD" format (see attached Standard Procedures and Functions). 3. Acquisition and securing of any easements (construction or permanent) for the new piping and improvements will be the responsibility of the CITY. Additionally, easement surveying and legal costs, if required, relating to easement acquisition have not been included in the scope of services for this amendment and are the responsibility of the CITY. 4. Deviations from the Final Design Drawings will be compiled by the Contractor and electronically incorporated onto the CONSULTANT's drawing files by the Contractor using Autocad~2000. Two sets of signed and sealed RECORD drawings by the Contractor's licensed surveyor will be submitted by the Contractor to the CITY. One set of signed and sealed RECORD drawings will be provided to CONSULT ANT for submittal to PBCPHD and SFWMD. 6. Public meetings or hearings are not anticipated for this project, and CONSULTANT has not allocated any hours to attend these proceedings. Additionally, attendance at public meetings or hearings associated with permits applied for in support of the project has not been allocated in CONSULTANT's budget. Page 12 of 18 7. Full time resident observation hours are based on hours of actual observation (Monday through Friday). Limited time has been allocated for administrative work and senior engineering field inspection if needed, up to the hours allocated. Additional resident observation, administrative, and senior engineering services can be provided at an additional cost. 8. The CITY is responsible for all permitting fees, including costs of public notification in local newspapers. 9. A single permit application covering the proposed construction work will be prepared for submittal to each regulatory agency that is specifically included in the permitting scope of work 10. No surveying services have been included in this amendment at the request of the CITY, as CITY has provided an existing survey of the Added Project Area covered by this amendment to PBS&J. Additional survey services requiring the locating of horizontal and/or vertical alignment of existing surface and subsurface utilities, including other surface and topographical features, if required, will be considered an additional services item. Additionally, no other specialized locating, uncovering, or marking of existing utilities is implied at any location, and no vertical component to existing utility location has been included in this task. PBS&J assumes, for the purposes of this amendment, that all existing utilities, surface and topographical features hav~ beenin~l!Jdedl!!!d 1!ccJlfI!t~!Y_cl~RLcte_d l~Jh!l_exist!!lK.sl!!Y~Y.to be_ _ provided to PBS&J by the CITY. The work effort for precision locating existing utilities using other specialized means, by vacuum excavation, and for establishing horizontal and vertical alignment of new utilities during design or during SDC has not been included in this amendment, but is available as an Additional Service Item. 12. The Contract Documents will be prepared as a single contract (i.e. the water main replacement, stormwater piping, and roadway work will not be prepared as separate packages within the same set of Contract Documents). No pre-purchase of materials and/or equipment is presumed. 13. A single bidding effort is assumed. Re-bidding the project or bidding multiple contracts of is considered an Additional Services Item. 14. Costs for SDC phase geotechnical testing or any other testing to observe Contractor's compliance with Contract Documents has not been included in this amendment and is considered an Additional Services Item. 15. The design fee is based on the federal, state and local codes and standards in effect at the beginning of the project and at the time of the submittal of this amendment. Revisions required for compliance with any subsequent changes to those regulations is considered an Additional Services Item. Page 13 of 18 16. CONSULTANT will utilize the CITY's standard details and specifications as much as possible. D. Contract Reference This Amendment NO.1 to Task Order No. U04-16-02 shall be performed under the terms and conditions described within the Agreement for General Engineering Consulting Services dated November 18, 2003 between the CITY and PBS&J. E. Additional Services The following are examples of some specific Additional Services items that may be required, but are not included within this Amendment. Generally, a condition contrary to the work description in Section B or assumptions in Section C (upon which the design fee is based) is considered an Additional Services item. Examples include: I. Additional supervision or construction observation in excess of that specified in this amendment. A total of2,240 hours of resident inspection time has been allocated for this task (plus 67 hours of Senior Project Manager and 16 hours of clerical time). If the period of construction is extended, delayed, or otherwise exceeds this allocation for whatever reason, additional time and expenses will be necessary. 2. Additional permitting assistance in excess of that identified in this Amendment. -- --- ,"--,----- ~-----------------..- - - -- '-- -- ----- -------,-- ---'-'--'-'-'- --~"-------'-------~-----_. 3. The task of Services During Construction is based on an estimated 13 months (56 weeks) of construction period from the time of the contractor mobilization to final inspection. If the period of construction is extended, delayed, or otherwise exceeds this allocation for whatever reason, additional time and expenses will be necessary. 4. Assisting the CITY in the settlement of construction contract claims will be an additional service 5. Replacement of water mains, stormwater system improvements, or roadway improvements at locations other than those identified in this amendment. Additionallurnp sum fees will be developed as requested by the CITY for future work to include additional drawings, revised "front ends" and the preparation of additional bid documents. Bid services and SDC will be extended as appropriate. 6. Field verification (horizontal and vertical) of existing utilities identified as being within the immediate area of the proposed pipeline not already specifically covered under this scope, and vacuum excavation and surveying to locate same. 7. Additional regulatory agency responses exceeding the first two responses to each agency incompleteness notice and/or additional information request. Page 14 of 18 8. Survey work required to supplement the CITY's survey exceeding the allocation included in this amendment of $3,000 is considered an Additional Services Item. 9. Geotechnical work required to complete the project exceeding the allocation included in this amendment of $3,000 is considered an Additional Services Item. 10. Work effort that exceeds the fees estimated for time and material services as a result of a change in scope or schedule is considered an Additional Services Item. 11. Threatened or endangered species and species of special concern permitting or relocation work. 12. Archeological/Historical preservation permits, studies, or reports. 13. Surveying, flagging, or other work necessary to secure tree removal permits from the CITY, County, or other jurisdictions. 14. Design modifications to the Construction Contract Documents (i.e. change orders) required during construction as a result of hidden subsurface features, inaccurate City-provided data or City requested changes J 5 L UJ1k!toWlLSt!l>~l!Ce _cQ!1Cllii9.!l~ 1h_a1 !V2!1i~J~.9.uirCl..l!c!diti9E&~f!:0I1~Y_ . __ __ _. _ CONSULTANT to resolve, including, but not limited to: underground storage tanks (UST), soil contamination, or unknown utility conflicts that were not indicated on City-provided data. 16. Conducting closed circuit TV (CCTV) surveys of existing pipelines. 17. Responses to Contractor's Request for Additional Information (RFI) exceeding the number allocated in the scope are considered an Additional Services Item. 18. Landscape design services have not been included in this amendment at the request of the CITY and are considered an Additional Services Item. 19. Record Drawing preparation has not been included in the scope of this amendment as it is understood that Record Drawings will be prepared by the Contractor. 20. Sanitary sewer design or coordination services have not been included in this proposal at the CITY's request. These and other services can be provided, if desired by the CITY, under separate amendments to Task Order No. U04-16-02. Services performed will be on an as- directed basis in accordance with a written Notice to Proceed from the CITY. Page 15 of 18 F. Obligations of the CITY 1. The CITY shall provide the CONSULTANT in a timely manner, record data and information related to the sewer system, water distribution system, stormwater drainage system and streets within the project as necessary for the performance of services specified herein. 2. The CITY shall review all drawings and other documents presented by CONSULTANT; obtain advice of an attorney, insurance counselor, and others as CITY deems appropriate for such review and render decisions pertaining thereto within reasonable time so as not to delay the services of CONSULT ANT. 3. With assistance by CONSULTANT, as described herein, the CITY, as applicant shall obtain approvals and permits from all governmental authorities having jurisdiction over the project. The CITY is responsible for the payment of all permit application fees. 4. The CITY shall provide CONSULTANT information regarding the expected level of service for drainage improvements (permissible drainage water surface elevations, design storm years, etc.) , and any existing information (stormwater master plan reports, area drainage studies, nuisance flooding reports, known drainage problem areas, etc.) that would aid in preparation of drainage design in the project area. 5. CITY shall provide equipment and manpower necessary to uncover sanitary sewer or stormwater drainage manholes (buried or under pavement), if necessary, to confirm condition, elevations, or obtain other operational information should PBS&J be required to provide these additional service items. 6. CITY shall provide PBS&J with accurate survey in AUTOCAD 2000@ format covering Added Project Area (electronic version already provided). PBS&J assumes, for the purposes of this amendment, that CITY retains ownership of survey and no additional field verification, utility locating, or augmentation of any kind will be required. G. Compensation Compensation by the CITY to the CONSULTANT for tasks will be a combination of lump sum (phase I Survey only) and time and material (all other tasks) in accordance with the above mentioned Agreement. Payment for lump sum will be monthly based on a percent complete. Payment for time and materials work will be based on actual hours and costs expended as defined in the Agreement for General Engineering Consulting Services. The estimated compensation of the services in this amendment is shown in Table I. Page 16 of 18 Table 1: Labor and Expense Summary Task T.O.2 Amend 1 Total Task 1 - Survey (Lump Sum) $28,662 $28,662 Survey Easement 3,822 3,822 Survey Allowance $3,000 3,000 Task 2 - Design 128,071 99,615 227,686 Task 3 - Permitting 15,455 4,800 20,255 Task 4 - Bid Phase Services 8,750 0 8,750 Task 5 - Services During Construction 44,810 33,777 78,587 Task 6 - Resident Observation 45,300 137,877 183,177 Subconsultants: Geotechnical 7,340 7,340 Geotechnical Allowance 3,000 3,000 Electrical 55,000 55,000 Electrical AlIOWllnc~ ._ - - 5534 5>~:3'!._ - . - -------- --~.- - - ~-'- ~_._._- -- - Expenses 8,571 7,245 15,816 Totals $290,781 $349,848 $640,629 H. Schedules The CONSULT ANT will commence work upon receipt of written authorization and will complete all work associated with Tasks 2 and 3 within 3 months from the receipt of authorization. Remaining Tasks 4, 5 and 6 will be dependent upon the CITY's schedule. A detailed schedule is attached which presumes Task 4 will immediately follow permit approval. Page 17of18 APPROVED BY: CITY OF BOYNTON BEACH, FLORIDA By: Kurt Bressner, City Manager Dated this day of i~~~tM~~ Roberto S. Ortiz, P.E. Vice President, Division Manager . . I)a,t!ld this I~ 0aayoJ IV ~ Attachments: Exhibit I - Summary Exhibit 2 - Expense Summary Exhibit 3 - Staff Mix Page 18 of 18 ,2005. , ~005,. Approved As To Form: City Attorney Exhibit 1 . Summary Amendment No.1 to Task Order No. U04.16-02 Southeast Federal Highway Corridor Water Main, Stormwater & Roadway Improvement Project City of Boynton Beach Task I T.O. 2 I Amend I I Total I I I SURVEY Task 1 ~ Survey (Lump Sum) Survey Easement Survey Allowance $28,662 $3,822 $28,662 $3,822 $3,000 $3,000 ........................................................................................................................................................................ ...................................................................................... ......',.............................................................................................................................................................. SURVEY TOTAL $32,484 $3,000 $35,484 DESIGN Task 2 . Design $128,071 599,615 $227,686 ..................................................................................... ......................................................................................................................................................................... .................................................. ........... ........... ........... ..................................................................................... DESIGN TOTAL 5128,071 S99,615 5227,686 PERMITTING Task 3 - Permitting 515,455 54,800 520,255 ...................................................................................... .................................................. ........... ........... ........... '....................................................................................................................................................................... ...................................................................................... PERMITTING TOTAL $15,455 54,800 $20,255 CONSTRUCTION RELATED SERVICES Task 4 - Bid Phase Services $8,750 SO $8,750 Task 5 - Services During Construction $44,810 $33,777 $78,587 Task 6 - Resident Observation $45,300 $137,877 5183,177 .................................................. ........... ........... ........... ..................................................................................... ...-.............................................. ........... ........... ........... ...................................................................................... ........... ...... ........ ............. .. .... ........... .............. CONSTRUCTION SERVICES TOTAL 598,860 $171,654 $270,514 SUB CONSULTANTS & EXPENSES Expenses 58,571 57,245 515,816 Subconsultants: Geotechnical Geotechnical Allowance Electrical Electrica! Allowance SUB CONSUL TANT & EXFENSE TOTAL 57,340 50 EST. CONSTRUCTION COST Construction Estimate % of Design (less electrical sub) % of Design (incl. electrica I sub design) % of Dgn, Permit., Bid., Constr. Svcs & Inspect. 52,000,000 6.4% 6.4% 14.5% S3,075,000 3.2% 4.3% 11.4% $5,075,000 4.5% 5.1% 12.6% N o , to .... , """ o ;j ... o .g iG' Z ,- :it ...t::"'O CIl 0 ClI ~"E<.)O ClIO :-,0:: EolCClIolI E l/) :it ... :ICl1..c.a 1Il ~ .21 ClI CIloS:I::it tf)....niE s::::: ....... GI 0 GI 0 ~z-gii) wcU.c N ~ gj 'Cij "'"CCIl:E :.c C fj ... ..cGl:l.a >< E 0 ell W<ClIl~ .... (J GI .- o ... a. .... C GI E ~ 2 c.. E '" .c~Q) E 0 Q) 'w :Q :A- c::~ ..c (J ClI GI III C oS C :-, o III ... o ~ <3 <[) ~ '" oi Q) ... Iii (5 f0- e C> 'w OJ Cl - o "if. '" ci. >< w .ci E 'ijj c:: C Cl 'iii GI c N olC l/) ell ~ ~ ~ .$ o z OJ OJ ~ Cl C ~ E ... GI ll.. M olC tf) ell ~ N .$ o z Q) Q) ~ C o :;::l (J :I ... .... l/) C o <.) Cl C 'C :I C l/) CIl o '~ CIl 1Il It) olC l/) ~ M OJ - o Z OJ OJ ~ :E olI ~ c o :;::l ell ~ CIl tf) .Q o ... C GI "C 'iii GI 0:: to olC l/) ell ~ .... .... co ....- '" ~ ... '" o ~ ... tf) GI tf) C GI c.. >< W <C J9 oS .c :I 1Il ~ O/S t.- V> u > 00", ...:0 ~cD .c~ ....0' r::-9 cviffi:;:, ~:2ci lflz c:: ~ II _ Q) .- 0 "E ~ ~o '" '" OJ '" _ C> c:i coc: ... .,,'" x _ Q)..c 0_0 Q. . '" E"t).EE ::::c:~o Eo V> ~ Owu.. co 0> Q) ....,. """c(/)~ @).~ ID m OOQ 0.1- .Q-(I)Jjo ~~~t; ",.~ f! ~ .. OJ ~ e Q)U):::::ICU 0>_ .c ..c '" 0 EO .. Q) 0'- (/) = ~ Q) 0 $~Ma::Z o Z"":N(",)..;;f Total Pro lot Mlnhours Subtohl.Labor C~t Ellotrlcal Suboonsulbnt Str..tl1 ht 01.1 n and Poll Rllocatlon Coordination Ellotrlcll Suboonsultant IrrI atlon Ellctrical Oul n and Control. SUrvl Allowlnol Glotlohnlcll Allowancl Ex In... From Tabll 2 Grand Totll Comblnld Lum Sum & T&M or ~ CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM VI.-CONSENT AGENDA ITEM C.l0 Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned in Meetiru! Dates in to Citv Clerlc's Office Meetine Dates to eitv Clerk's Office 0 December 6. 2005 November 14. 2005 (Noon.) [8j February 7, 2006 January 17. 2006 (Noon) 0 December 20. 2005 December 5,2005 (Noon) 0 February 21. 2006 February 6,2006 (Noon) 0 January 3.2006 December 19. 2005 (Noon) 0 March 7. 2006 February 21. 2006 (Noon) 0 January 17, 2006 January 3. 2006 (Noon) 0 March 21, 2006 Marcl> 6, 2006 (Noon) 0 Administrative 0 Development Plans NATURE OF [8j 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: Approve Amendment No.1 to Task Order No. 3 for Brown and Caldwell, for the purposes of exploring water supply optio... and meeting with regulatory agencies regarding modification of the Water Use Pennit. (Task Order no. U05- 03-03) EXPLANATION: In August 2003 the City of Boynton Beach obtained a Water Use Permit from the South Florida Water Management District, which will remain in effect throogh August 14,2010. The permit limits the City's total annual water withdrawal from groundwater to he 7844 million gallons per year, or an average daily flow of 21.49 million gallons per day. The City is actively exploring options to this limitation, and seeking a longer permit term 80 as to he a_red that its capital investments in treatment plant capacity can he used to meet long-term growth demands. The consultant will furnish the following deliverable items for the proposed lump sum cost of $74,200: 1) Facilitate Water Supply Strategy meeting 2) Technical Memorandum describing the recommended water supply strategy 3) Facilitate four project coordination meetings with staff and/or City Administrators 4) Provide meeting agendas and meeting summary memoranda. These items are explained in greater detail within the task order document. PROGRAM IMPACT: Capital expenditures for capacity improvements wiD bave a significant impact on rates and capital facilities charges, thereby having a significant impact on current and future custome.... In addition, obtaining a longer term permit for water use will allow the City to......re the future demands from new development and new custOlDe.... FISCAL IMPACT: The cost of this task order is $74,200, to he funded from the Utilities capital reserves. (Account no. 403-5000-590-96- 10 project no. WTROI7) S:\BUlLETINlFORMSlAGENDA ITEM REQUEST FORM.IlOC qr }- CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM ALTERNATIVES: 1) Select a different consultant to continue this eft'ort. 2) Expand/lessen the scope of work. J) Take no action at this time. ~r~1 'C- 5:; - ----.:,. ~ c) '---- Department Head's Signature . Department Name S,IBULLETlN\FORMSIAGENDA ITEM REQUEST FORM.DOC II 1 RESOLUTION NO. R06- 2 3 A RESOLUTION OF THE CITY OF BOYNTON 4 BEACH, FLORIDA, AUTHORIZING EXECUTION OF 5 AMENDMENT NO.1 TO TASK ORDER NO.3 TO 6 BROWN AND CALDWELL FOR PURPOSES OF 7 EXPLORING WATER SUPPLY OPTIONS AND 8 MEETING WITH REGULATORY AGENCIES 9 REGARDING MODIFICATIONS OF THE WATER USE 10 PERMIT IN THE AMOUNT OF $74,200.00; AND 11 PROVIDING AN EFFECTIVE DATE. 12 13 14 WHEREAS, in August, 2003, the City of Boynton Beach obtained a Water Use 15 Permit from the South Florida Water Management District which remains in effect through 16 August 2010; and 17 WHEREAS, the Permit limits the City's total annual water withdrawal from 18 groundwater; and 19 WHEREAS, the City is exploring options to this limitation and seeking a longr 20 permit term so as to be assured that its capital investments in treatment plant capacity can be 21 used to meet long-term growth demands; and 22 WHEREAS, the City Commission, upon staffs recommendation, has deemed it 23 appropriate and in the best interests of the public to approve Amendment No. 1 to Task 24 Order No.3 in the amount of $74,200.00 with Brown and Caldwell to. 25 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 26 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 27 Section I. The foregoing "Whereas" clauses are hereby ratified and confirmed as 28 being true and correct and are hereby made a specific part of this Resolution upon adoption 29 hereof. S:\CA\RESO\Agreemenls\Task . Change Qrders\Amendment No 1 . Brown and Caldwell Task Order 3.doc II 1 Section 2. The City Commission of the City of Boynton Beach, Florida does 2 hereby authorize and direct the approval and execution of Amendment No. I to Task Order 3 No.3 in the amount of $74,200.00 with Brown and Caldwell to explore water supply options 4 and meeting with regulatory agencies regarding modifications of the Water Use Permit. Section 3. This Resolution shall become effective immediately upon passage. 5 6 PASSED AND ADOPTED this _ day of ,2006. 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ATTEST: 26 27 28 City Clerk 29 30 31 (City Seal) CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner S:\CAIRESOlAgreernents\Task . Change OrderslAmendmenl No 1 - Brown and Caldwell Task Order 3.doc Amendment No. 1 to Brown and Caldwell Task Order No.3 Water Supply Options SFWMD Consumptive Use Permit SECTION1-BACKGROUND On May 9, 200S, Brown and Caldwell was issued Task Order No.3 to conduct a Business Case Evaluation of the City of Boynton Beach (City) long-term water supply and treatment options, and to develop a prioritized long-term Capital Improvement Plan. The Business Case Evaluation effort revealed opportunities for the City to address its long-term water supply and treatment issucs in a more cost-effective manncr than the plan currently being followed by the City. In an effort to further explore these opportunities, the City has requested that Brown and Caldwell expand the scope of services described in Task Order No. 3 to review opportunities for negotiating certain modifications to their current Consumptive Use Permit. The current raw water supply for the City of Boynton Beach consists of 1wo wellfields, with 30 surficial aquifer production wells supplying 1wo water treatment facilities - the East Plant and the West Plant. Nineteen wells are located in the vicinity of the East Plant, and 12 wells in the vicinity of the West Plant. Water quality in wells tapping the surficial aquifer in the vicinity of the East Plant is generally excellent, but some wells associated with the East Plant have experienced minor salt water intrusion. The raw water treatment method for wells associated with the East Plant is Lime Softening. The wells associated with the West Plant have generally poorer water quality due to higher organics. This water is treated using membranes. The City renewed their Consumptive Use Permit (CUP) in 2003 with the South Florida Water Management District (SFWMD) for seven years (expires August 14, 2010). As part of that renewal the City agreed to: . Rehabilitate the wells at the East Plant l)rovide updates on reclaimed water distribution Perform an extensive testing program in the Floridan aquifer . . 1 . Develop a Floridan aquifer groundwater supply to replace the East Plant capacity Make progress on design and construction of West Plant and well field expansions . At the time the City negotiated the Consumptive Use Permit renewal, it believed that developing a supply to replace the East Plant capacity within the Floridan aquifer was the only alternative proposed by the SFWMD. Since that time, the City has determined the size of the capital costs associated with a new treatment method and the development of a Floridan aquifer water supply are substantial. As such, the City needs to make sure that no other, less expensive water supply options are available. Currently, there is limited knowledge of the Floridan aquifer in this area. Therefore, the City agreed to perform an extensive Floridan aquifer testing program to determine wotf'r availability, potential for "up-coning" of salt water in the Floridan, and.the potential imr'~t$ cl thf' rrnrn<f'r1 ",eIlAf'I" gn thc el<isti!l.~_~quifer, Storage and Recovery (ASR) wells currently operated by the City, and any adjaccnt Floridan aquifer users. The result of this testing program may affect the viability of developing a Floridan aquifer supply in this area. The City has recently rehabilitated some of the East surficial aquifer production wells, as outlined in the City's consumptive use permit. These wells now utilize a shallower productive zonc in the surficial aquifer than previously, removing the imminent thrcat of salt water intruding into the wells. This provides an opportunity for the City to modify the consumptive use permit and look at other, less expensive water supply options. In the West Wellfield, the City may have opportunities to supplement the supply using aquifer recharge _of surface wattr, stormwater or reclaimed water., __<_Ok .._ A need to explore the potential for savings by modifying or changing the selected water supply planning directive was recognized as a result of a recent Business Case Evaluation (BCE). The BCE highlighted the magnitude of the capital and life cycle costs associated with the currently selected water supply option and five alternative options. The following scope of work cxplores the feasibility of morc cost-effectivc options. SECTION 2 - OBJECTIVES This project will seek to answer some preliminary questions raised about the feasibility of adjusting the direction of the future water supply for the City of Boynton Beach, in order to assist staff and the elected officials in making the most prudent decision for its customers. Primarily, it will explore the possibility of SFWMD acceptance of modifications to the S F c--l "^ T)~'U::ent C~: ~ 1..0 lG o. (.iO..6\.1.~ v- 'y---::> _~,~,l ll":?t.1 ~~1 --r + 0lAe < 'v-. .-e~~' SECTION 3 - SCOPE OF WORK The purpose of the scope of work is to technically support the City staffs effort to conduct this planning effort. Several activities have been identified as part of this scope, including: 2 · Review the previous CUP process, including the technical data submitted in order to understand the strategy and conccrns cxpressed by the SFWMD, in an effort to address these concerns during future discussions · Review the results of the surficial aquifer rehabilitation program in the East wellfield to assess its potential benefits to a revised water supply strategy · Review the results of the Floridan aquifer investigation to highlight potential conccrns and opportunities . Review what likely impacts drought restrictions would have on the City's water supply - for a surficial only, or blended (Floridan and surficial) watcr supply. Discuss this issue with SFWMD. · Review the operational history, development and subsequent improvements of thc Town of Jupitcr Water system, which is the only Floridan aquifer public water supply with a significant opcrational history in Palm Beach County. · Assess the potential of expanding the West Plant wellfield to provide additional expansion capacity, including using creative means of aquifer recharge. · Assess the possibility of modifying future East Wellfield raw water allocations, based on new information providcd by rehabilitation, shallowing of production wells, and groundwater modeling. · Conduct meetings with the SFWMD to determine the effects of changing the current stratcgy. · Determine the steps required by SI'WMD to change the currently selectcd future water supply. · Coordinate all work efforts with the City Utilities and Planning Department staff. · Generate a Technical Memorandum listing the findings of this effort and providing recommendations on whether pursuit of a CUP modification for the Boynton Beach Utilities Department is feasible. In addition, the budget for this Task Order will include funding for a Business Case Evaluation presentation provided for the City Manager on October 4, 2005, which was not included in the scope of scrvices and budget for Task Order No.3. This proposal consists of four tasks, as described below. Task 1 - BCE Presentation Brown and Caldwell was requested to provide a presentation to the City Manager on October 4, 2005 for the purpose of briefing the City Manager on the status and findings of the Business Case Evaluation project for the City's long-term water supply and treatment alternatives. This task was not a part of the scope of services or budget included in Task Ordcr No.3. As such, fees for thesc services have bcen includcd in the budget for this Amendment No. 1. 3 Task 2 - Water Supply Strategy Development Objectives: Under Task 2, B&C will collect and disseminate historical water supply data, and will review findings with Utilities staff in order to develop an understanding of existing conditions and determine the feasibility of requesting a permit modification from the SI'WJ\ID. 'The output of this task is a Water Supply Strategy Sub-task 2.1- Water Supply Strategy Meeting - Conduct one meeting with City staff and the project team to determine the desired outcome of the water supply strategy. Prepare and distribute meeting minutes. Sub-task 2.2 - Consumptive Use Pennitting Process - Review the previous CUP process, including the tcchnical data submittcd in order to understand the strategy and concerns expressed by the SFWMD in an effort to address these concerns during future discussions with them. 'This review will include review of the SFWMD staff report and current CUP. Sub-task 2.3 - Adjacent Consumptive Use Permits - review the SF\X~ID ftles and pcrmits for the Palm Bcach County and Delray Beach systems to ensurc equity in thc application of the principles of the permitting process and to identify relevant precedents. Sub-task 2.4 - Floridan Aquifer Test Program - Review available Floridan Aquifer Test Program information being generated by a consultant, and compare with known data and projected performance to identify potential concerns and opportunities. Sub-task 2.5 - East Plant We1lfield Rehabilitation - Review the results of the surficial aquifcr rchabilitation program in thc East wellfield and the data from rccently installcd saltwater intrusion monitor wells to assess potential benefits of a revised water supply strategy. Sub-task 2.6 - Operational History Review - Review the operational history and development of the Town of Jupiter Water system, the only Floridan aquifer public water supply with a significant operational history in Palm Beach County. Look at technical issues including the blending of a Floridan system with a surficial aquifer well field, well completion, modifications, and operational costs. Review lessons learned, permitting history, pumpage restrictions during drought conditions, and economics of capital and operational costs over Iifc of system. Sub-task 2.7 - Lower East Coast Water Supply Plan Review - A detailed review of the current Lower East Coast Regional Water Supply Plan (LECRWSP) will be conducted to consider use of relevant SFWMD information, goals, sources and objectives when approaching the District, with regard to the proposed strategy for the City. Sub-task 2.8 - Meetings with City Administration and/or Staff - Up to four (4) progress meetings will be conducted with City representatives to discuss information reviewed under Sub-tasks 2 through 2.7, and to provide progress updates. 4 Sub-task 2.9 - Water Supply Strategy - A Technical Memorandum will be prepared summarizing a proposed strategy with which to approach the SFWMD based upon the reviews performed above. The strategy will be formulated after looking at the potential of expanding the West Plant wellfield to provide additional capacity for plant expansion, including using creative means of aquifer recharge, and the potential of improving production from the East Plant Wellfield, based on new information provided by rehabilitation and shallowing of existing production wells and groundwater modeling. The role of the Floridan aquifer and population distribution will be reviewed, as well as other available supplemental supplies. A net present value analysis of the proposed strategy will be prepared. Jbe stratepv will also include the s s necess to im lement the strate th dule for im lementation and an estimate oftherequiredresources~ t.--<--n.1A-u,- u....4.J -t..{.,o41-- ft ...... ~. Task 2 Deliverables: · Facilitate Water Supply Strategy Meeting · Technical Memorandum describing recommended water supply stratei,'Y (including net present value analysis, next steps, schedule and resource requirements) · Facilitate four (4) project coordination meetings with staff and/or City Administrators · Meeting agendas and meeting summary memoranda Task 3 - Regulato1)' Meetings Objectives: B&C will assist Utilities Department Sl>lff in discussions with the District to determine the feasibility of modifying the current consumptive use pennit Sub-task 3.1- Meetings with Other Agencies Attend meetings with City staff, including preliminary meetings with the SFWMD in connection with the CUP requirements, and meetings with other public entities - such as the Town of Jupiter's staff - to discuss their water system, or other utilities to determine their future water supply strategies. lbe deliverables for Task 3 will include preparation for above meetings, with City sl>lff, attendance by Brown and Caldwell representatives at said meetings; and preparations of meeting minutes. The budget estimate for this task is based on the assumption of attendance at up to two (2) meetings with the SFWMD; one (1) meeting with the Town of Jupiter; and one (1) meeting with other area utilities. Task 3 DeIiverables: . Facilitate up to six (4) meetings with SFWMD and other utilities · Meeting agendas and meeting summary memoranda 5 Task 4 - Project Management Objectives: B&C will provide project management services toward the successful delivery of this project. Project management services include schedule tracking and mmthly progress reports. Task 4 Deliverables: · Two (2) Monthly Project Progress Report Memoranda SECT'ON 4 - INFORMATION NEEDED FROM THE CITY The following information is needed from the City for the successful execution of this project: Previous CUP and Correspondence' Previous Model and Model files, if available Floridan Testing Program Data and Correspondence Well Rehabilitation Data and Correspondence- Well and Wellfield operating data, Pump and Aquifer Test data from Wells in the City. Production and Monitor well data (lithology, completion data, water lcvels, watcr quaIityL City's Comprehensive Plan GIS Data '- SECTION 5 - PROJECT SCHEDULE The following is an anticipated schedule for execution of this project. Due to scheduling uncertainty with regard to the SFWMD, the Town of Jupiter, and other utilities at this time, this schedule may be adjusted throughout the project. Task 1 - BCE Presentation October 4,2005 ' Task 2 -Water Supply Strategy Development 12 weeks Task 3 - Regulatory Meetings 8 weeks . Task 4 - Project Management 12 weeks . SECTION 6 - COMPENSATION Compensation for services rendered WIder this Task Order Amendment No.1 will be a Lump Sum Fee of $74.200, in accordance with terms and conditions defined in the 6 Protessional Services Agreement dated November 18,2003, and as revised from time to time. Periodic invoices will be based on percent complete. TIle total tee is based on the attached estimated budget for this project and is distributed among the four (4) tasks, a~ shown below. Task 1 - BCE Presentation (16%) $11,872 Task 2 -Water Supply Strategy Development (55%) $40,810 Task 3 - Regulatory Meetings (20%) $14,840 J Task 4 - Project Management (9%) $6,678 APPROVED BY: CITY OF BOYNTON BEACH By: Kurt Bressner City Manager Dated this _ day of ,2006 SUBMITTED BY: BROWN AND CALDWELL By: I~~~# Stuart Oppenheim, P.E. Vice PresidentlFlorida Operations Manager Dated this A!!:day of ~~v' ,2005 7 -F ~g ~ ~- ~'"t ~ i:::J .... .... ~ I.... :d ... - 88888888 ~ 8888888 g lig~~~~~~g~~ I ~ -~ fi g ~ :;i ~ ;! " .. N.......... N f-<~~C~~g;izi~~t;i l' ""....\AIA. 0>. t! ;;; ;;; !:l (l :o! ~~ .... .Ii ~ 888~8:; I 1:: &!~G~~~~~~~~ I .. g~~d~g .e " ~<n_(,'7 V7 ~~ - ~~~;i~ c;~~ ~l"HA- '" ~ ~ ~ ~- ~ . ~ J ~ oo:l\ 5151 ~ ""..,.r-@r-~~ ~~~-- $~O - 8 * ~ - ";-00- _ 00 ~Ut:-- ~~ ... ... He ...:;- ~- ~h ...~ ~ q- ; ~ ...; ~ ~ ~~- . ; .. ~~ ...; ~ .. ~ ~ ilE e'E g ,:;ou ...~ ..IIl_'" --N::N~~ 0";0. ~~ :;~- z ~... 1 ~o@ooooooo ==u ; ,. . . . ...; ...; ~.,s ..~ --Ns"'gS;; ... 0 H""OO;\51ooo q- . '-' . _M ~'C:! ~oo ; '" = a ...; ...; .~ i1ii1i . . N~ q- h 1 ~~~1i6;!i:e@o~ . ~ . - . ...; ...;; oS -il -~ -N""g<'"1~~ -~ j 1 ~;to::e:eoo 0;::0 ~ - ; '" " ...;; ...;; r:l88888888 ~- ~ ~::QS::~~ iO~g ]i =&1 ---- --II} = oil ............'-"" ...."" ~h~~~~~ ~~~ L . = ~~ . . ~>:. >:..9 >,1l.~ ~ :o! 'S ifdQ;3Q~;5 :o! ~ " ~ <.:i ~ oj '" ~ l.l.i' '" .. . ~~JNtJ.,82! 1- c...._-g-~~ . ~."~~!Jl. ~ 'Q a:C ~ 0 c:l ~ .~ ~ n~~ u -8j~ t 2:0.: ::tzoco <: 'f Jl 'f . . ~ '" '" 1! 1.' ~ ~ " .ll .. ~ ~ ~ ~ N = ~ . . at ~ " - ~ 8 'SO .:J 6~~!~NN. ~ - ~ ~ !l. il ~Q --:; ~ '" . '& ~eg~ ~ '& ~ ~ ~p. J lh &' &' s .. . ~ oli j ~ .;.~~~~~~~i "'~il .Ii ~ ;;. bIl = ... ~ If E.8 ~..2 '-" a If ~ .- --Jj'- ---s ._-li." If . aa~~H ~ <!: ~J:u!J:~J:J:~ Jl 'S " OL.l.,~~ '" ~ ~y<~o" >. ""-... I . \ l!Jo\ .}:r: ).~ ./u 4''''-c-/'v?' r-ON '00 CITY OF BOYNTON BEACH AGENDA ITEM REQUE-ST FORM VI.-CONSENT AGENDA ITEM C.ll. Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meetine:Dates in to City Clerk's Office Meetine:Dates in to City Clerk's Office 0 December 6, 2005 November 14, 2005 (Noon.) [gJ February 7, 2006 January 17, 2006 (Noon) 0 December 20, 2005 December 5, 2005 (Noon) 0 February 21, 2006 February 6, 2006 (Noon) 0 January 3, 2006 December 19, 2005 (Noon) 0 March 7, 2006 February 21, 2006 (Noon) 0 January 17,2006 January 3, 2006 (Noon) 0 March 21, 2006 March 6, 2006 (Noon) 0 Administrative 0 Development Plans NATURE OF [gJ 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: Approval of the pay schedule revisions to the City's Pay Plan effective February 8, 2006. EXPLANATION: The recommended revisions to the pay schedule effective February 8, 2006 are in accordance with the recommendations resulting from the completion of the Classification and Compensatinn Study by MGT of America and as approved by the City Commission on January 17, 2006. PROGRAM IMPACT: The modifications to the pay schedules in the City's Pay Plan are in accordance with the City Commission approved recommendations from the MGT Classification and Compensation study. The modifications to the pay schedules effective February 8, 2006 consist of an 8.47% increase to the minimum and maximum ofthe existing pay grades, the consolidation and reclassification of the positions identified in the study, and the elimination of the level 2 pay grade from the pay schedule, reducing the overall number of pay grades. NOTE: While pnsitions represented by the Blue Collar bargaining unit are included in the recommended pay plan modifications, the implementation of the proposed changes to these positions are dependent upon the resolution of ongoing collective bargaining negotiations. FISCAL IMP ACT: Funds have been budgeted to accommodate the changes to the pay schedules as part of the overall recommendations of the Classification and Compensation study, as approved by the City Commission on January 17, 2006. A TIVES: Not approve the Pay Plan modifications. iIi~ City Manager's Signature City Attorney / Finance / Human Resources S,IBULLETJNIFORMSIAGENDA ITEM REQUEST FORM. DOC City of Boynton Beach Job Titles Revised 2/2/06 Job Job Title E/N Grp Grd No. 4149 Accountant E G 17 4160 Accountina Technician N G 10 4170 Accounts Pavable Soecialist N G 11 259 Administrative Assistant E G 14 370 Administrative Associate N G 9 370 Administrative Associate N W* 9 240 Administrative Secretary N G 11 25210 Affordable Housing Admin. N G 16 11951 Animal Control Officer N B 13 22342 Application Technician N W 11 81370 Arborist N G 12 11129 Assistant Chief of Police E y 43 1029 Assistant Citv Manager E Z 46 21029 Assistant Director, Develooment E Y 36 4179 Assistant Director, Finance E y 34 5059 Assistant Director, Human Resources E Y 32 30029 Assistant Director, Librarv E G 30 51029 Assistant Director, Public Works E Y 36 15252 Assistant Fire Marshall N W 19 63069 Assistant Golf Course Sup!. E G 15 63200 Assistant Golf Professional N G 6 63291 Assistant Mechanic N B 7 48329 Assistant Mgr., Customer Relations E G 16 44020 Assistant Supervisor, Utilities N G 20 6049 Assistant to Director, ITS E G 20 1099 Assistant to the City Manager E Y 34 44231 Assistant TV Specialist N B 10 4529 Assistant Warehouse Manager E G 15 51039 Ass!. Dir., Public Works/City Engineer E Y 39 61049 Ass!. to the Director, Recreation E G 20 81391 Automated Truck Operator N B 12 5079 Benefits Administrator E G 20 4139 Budget Coordinator E G 26 22302 Building Inspector N W 18 22202 Building Insoector, Senior N W 20 81211 Building Main!. Mech., Sr. N B 12 81201 Building Main!. Mechanic N B 9 22019 Building Official E y 32 54201 Bus Driver N PT 8 54201 Bus Driver N B 8 4322 Buver N W 12 4332 Buver, Senior N G 15 70252 CADD Technician N W 13 70059 CADD Technician/ Design Supervisor N G 15 46202 Chemist & Quality Assurance Officer N W 20 Positions_by-Job Title- Final 13106 City of Boynton Beach Job Titles Revised 2/2/06 Job Job Title E/N Grp Grd No. 81401 Chief Electrician N G 18 48049 Chief Field Inspector E G 24 42019 Chief Plant Operator E G 27 3019 City Clerk E y 33 19 City Commission E PT 99 1019 City Manaaer E Z 98 7039 Claims AnalYst E G 19 11772 Code and Rehab. Officer N W 17 11719 Code Compliance Administrator E Y 25 11782 Code Compliance Insoector N W 11 11752 Code Compliance Ofc., Sr. N W 16 11762 Code Comoliance Officer N W 14 417 Colleae Student N PT NC 48210 Communic. & Data Cntrl.Soec. N G 17 8222 Communications Disoatcher N W 12 8212 Communications Specialist N W 14 8200 Communications Supervisor N G 16 11352 Community Service Officer N W 10 6200 Computer Support Specialist N G 15 25200 Construction Coordinator N G 18 70212 Construction Inspector N W 18 70089 Contract Administrator N G 20 70119 Contract Coordinator E G 14 63330 Cook N G 4 82231 Crew Leader N B 8 82241 Crew Leader, Senior N B 9 82250 Crew Supervisor N G 17 82260 Crew Supervisor, Senior N G 18 82211 Crew Worker N B 6 82221 Crew Worker, Senior N B 7 11342 Crime Scene Technician N W 12 11372 Criminal Intelligence AnalVst N G 12 82201 Custodian N B 4 390 Customer Relations Assistant N G 11 312 Customer Relations Clerk, Sr. N W 10 340 Customer Relations SUPy. E G 13 22029 DeputvBuildino Official E G 25 3029 Deputv Citv Clerk E G 24 48029 DeputvDirector, Utilities E Y 37 15029 DeputvFire Chief E Y 43 1059 Dir. Orcl. & Strateaic Development E Y 37 21019 Director, Deyelopment E Z 43 4119 Director, Finance/Treasurer E Z 43 15019 Director, Fire/Emero. Med. Svcs. E Z 45 5019 Director, Human Resources E Z 39 2 Positions_by_Job Title- Final 13106 City of Boynton Beach Job Titles Revised 2/2/06 Job Job Title E/N Grp Grd No. 6019 Director, ITS E Y 43 30019 Director, Library E Y 39 1049 Director, Media & Public Comm. E Y 32 24019 Director, Plannina & Zonina E Y 34 51019 Director, Public Works & Enaineerina E Z 45 61019 Director, Recreation & Parks E Y 39 48019 Director, Utilities E Z 45 30039 Division Head Librarian E G 23 48079 Division Manaaer, Engineering E Y 37 48099 Division Manaaer, Field Operations E Y 37 48089 Division Manaaer, Water Quality & Treatment E Y 37 24039 Economic AnalVsUPlanner E G 18 22312 Electrical Inspector N W 18 22212 Electrical Inspector, Sr. N W 20 81221 Electrician N B 14 81230 Electrician, Master N B 18 81231 Electrician, Senior N B 16 282 EMS Billina Specialist N W 10 70029 EriCTneer E G 30 70272 Engineerina Technician N W 18 70262 Enar. Plans AnalVsUlnsoector N W 18 44039 Environmental Coord/Utilitv Safetv Officer. E G 27 44202 Environmental Inspector N W 16 81241 EcluTOment Operator N B 8 81251 Equipment Operator, Senior N B 10 11332 Finaerorint Examiner N W 10 15039 Fire Battalion Chief N G 39 15069 Fire Communitv Relations Specialist E G 24 15272 Fire Inspector N W 17 15220 Fire Plans Reviewerllnspector N W 18 15089 Fire Protection Enaineer N G 23 15079 Fire Training Officer E G 26 56019 Fleet Administrator E G 26 56211 Fleet Mechanic N B 14 56201 Fleet Mechanic, Senior N B 17 62039 F orester/Environ menta list E G 15 11302 Police Forfeiture Specialist-Evidence Cust. N W 12 70109 GIS Analvst E G 17 63327 Golf Course Plaver Asst. N PT 3 63307 Golf Course Plaver Asst., Sr N PT 7 63317 Golf Course Ranae Attendant N PT NC 63309 Golf Course RestauranUBar Manaaer E G 14 63271 Golf Equipment Mechanic N B 12 63337 Golf RestauranUBar Server N PT NC 63310 Golf RestauranUBar Server, Sr. N G NC 3 Positions_by-Job Title- Final 13106 City of Boynton Beach Job Titles Revised 2/2/06 Job Job Title E/N Grp Grd No. 62079 Grants Coordinator E G 18 63281 Greenskeeoer N PT 5 63281 Greenskeeper N B 5 63261 GreenskeeperlSprav Technician N B 5 81261 Heavv Equipment Operator N B 12 81271 HVAC Mechanic N B 14 372 Imaoino Technician N G 14 43200 Instrumentation & Cntrl.Tech. N G 17 11967 Kennel Maintenance Worker N PT 4 46222 Laboratorv Field Technician N W 9 46212 Laboratorv Technician N W 12 46232 Laboratory Technician, Sr. N W 14 2039 Leaal Assistant/Paraleaal E G 20 30059 Librarian E G 18 30217 Librarv Aide N PT 8 30202 Library Associate N W 10 30227 LibrarvPaae N PT 3 48119 Maintenance Manager E G 26 81281 Maintenance Technician N B 7 48069 Manaaer, Administration & Finance E Y 36 8019 Manaaer, Eme. Communications SYstems E Y ;:1. 25019 Manaaer, CommunitvRedevelopment E Y 27 48319 Manaaer, Customer Relations E G 24 62119 Manaaer, ForestrV& Grounds E Y 26 63089 Manaaer, Golf Administration E Y 19 63099 Manaaer, Golf Maintenance E Y 27 63079 Manaaer, Golf Operations E Y 21 6029 Manaaer, Info. Tech. Svcs. E G 36 62059 Manaaer, Parks E G 26 61029 Manaaer, Recreation Proorams E G 20 7019 Manaaer, Risk Manaoement E Y 30 55019 Manaaer, Solid Waste E G 30 4519 Manaaer, Warehouse E G 24 24069 Manaoer, Zonino and Licensina E G 24 61099 Mar., Sr., Recreation Proarams E G 26 30049 Museum/Special Services Coordinator E G 24 27019 Neiohborhood Proiect Specialist E Y 24 6059 Network Administrator E G 22 26202 Occupational License Inspector N W 11 61211 Ocean Lifeouard N B 10 61267 Ocean Lifeouard (on cam N PT 10 61201 Ocean Lifeouard Lieutenant N B 13 61240 Ocean Rescue Captain E G 16 61059 Ocean Rescue Chief E G 20 202 Office Assistant N W 6 4 Positions_by-Job Title- Finai 13106 City of Boynton Beach Job Titles Revised 2/2/06 Job Job Title E/N Grp Grd No. 81381 Painter N B 7 61247 Parkina Attendant N PT 4 62049 Parks and Landscape Planner E G 16 82311 Parks Maint. Worker, Sr. N B 7 81351 Parks Maintenance Specialist N B 10 82301 Parks Maintenance Worker N PT 6 82301 Parks Maintenance Worker N B 6 62069 Parks Superintendent E y 32 82320 Parks/Recreation Crew Leader N G 13 4150 Payroll Administrator N G 15 4180 Pavroll Technician N G 9 81361 PIDelaver N B 7 22332 Plan Review Analvst N W 17 22232 Plan Review Analyst, Senior N W 19 24049 Planner E G 20 22222 Plumbina & Mech. Insp., Sr. N W 20 22322 Plumbina & Mechanical Insp. N W 18 11119 Police Chief E Z 45 11139 Police Maior E Y 43 11360 Police Officer Recruit N G paR 292 Police Records Clerk N W 8 11320 Police Records Clerk Supv. N G 13 11149 Police Support Services Admin. E G 17 24059 Princioal Planner E G 30 6039 Proarammer Analvst E G 20 70079 ProJect Manaaer E G 24 70049 PrOTect Manaaer, Sr. E G 28 1020 Public Affairs Specialist N G 14 30069 Public Arts Administrator E Y 25 342 Recordina SecretaiV- N W 12 5220 Records SDecialist N G 10 61231 Recreation Leader N B 5 61257 Recreation Leader Trainee N PT NC 61220 Recreation Specialist N G 10 61039 Recreation Supervisor E G 14 5069 Recruitment/Emplovment Coordinator E G 20 4169 Revenue Manaaer E G 20 7020 Risk Manaaer Assistant N G 6 55039 Route Auditor & Customer Service Reo. E G 20 7029 SafelY Officer E G 16 70209 Seniar GIS Analvst E G 24 70159 Senior GIS Network Administrator E G 24 24029 Senior Planner E G 25 4530 Senior Storekeeper N G 9 4542 Service Writer N W 9 5 Positions_by-Job Tille- Final 13106 City of Boynton Beach Job Titles Revised 2/2/06 Job Job Title E/N Grp Grd No. 81341 Sign & Marking Technician N B 8 55029 Solid Waste Supervisor E Y 20 4531 Storekeeper N B 7 407 Student Clerk N PT NC 11910 Supervisor, Animal Control N G 18 52019 Supervisor, Facilities Manaaement E Y 26 48109 Supervisor, Inspections & Locations E G 26 41029 Supervisor, Meter Readina/Services E G 26 22049 Supervisor, Records/Permit Applications E G 17 53019 Supervisor, Street Maintenance E Y 25 41019 Supervisor, Water Distribution E G 26 46019 Supervisor, Water Qualitv E G 26 54019 Supv., Transportation Services E G 18 49019 Supv., Utility Construction/Stormwater E G 26 44019 Supv., Wastewater Coll./Pumping Stations E G 26 61069 Tennis Professional E G 20 8039 Training/QA Coord., Communications E G 16 44211 TV Truck Specialist N B 13 48222 Utilities Field Inspector N W 16 44221 Utilities Location Specialist N B 9 44241 Utilities Location Specialist, Sr. N B 11 81321 Utilities Main!. Mech., Sr. N B 16 81311 Utilities Maint. Mechanic N B 13 48059 Utilities Systems Administrator E G 29 11169 Victim Advocate E G 14 42241 Water Plant Lead Oper. N G 19 42231 Water Process Technician N B 9 42201 Water Treatment Plan Operator III N B 17 42221 Water Treatment Plant Operator I N B 12 42211 Water Treatment Plant Operator II N B 14 6220 Webmaster N G 18 81291 Welder N B 14 30230 Youth Program Assistant N G 10 B= Blue Collar Employees G= General Employees NC= Non-Classified PT= Part Time W= White Collar Employees Y= Division Head Employees z= Department Head Employees E= Exempt N= Non-Exempt . Pending Unit Clarification 6 Positions_by-Job Tille- Final 13106 City of Boynton Beach Pay Schedule - Effective 2/8/06 - Grade :: .~; iMi~:: I'~ 3 $ 18,436.6459 $ 23,046.0786 $ 27,655.5112 $ 8.8638 $ 11.0798 I 13.2959 4 I 19,678.6274 $ 24,598.8266 $ 29,519.0258 $ 9.4609 $ 11.8264 $ 14,1918 5 I 20,919.5242 $ 26,149.4053 $ 31,379.2863 $ 10.0575 $ 12.5718 $ 15.0862 6 $ 22,159.3363 $ 27,699.4416 $ 33,239.5468 $ 10.6535 I 13.3170 $ 15.9806 7 $ 23,400.2331 I 29,250.5626 $ 35,100.8920 $ 11.2501 I 14.0628 I 16.8754 8 $ 24,641.1299 I 30,801.1412 I 36,961.1525 I 11.8467 $ 14.8082 I 17.7698 , $ 25,880.9420 $ 32,351.1775 I 38,821.4130 I 12.4428 $ 15.5535 I 18.6641 10 I 27,121.8388 $ 33,902.2985 $ 40,682.7582 I 13.0393 $ 16.2992 I 19.5590 11 $ 28,362.7356 $ 35,453.9619 I 42,545.1881 $ 13.6359 $ 17.0452 $ 20.4544 12 $ 29,603.6324 $ 37,005.0829 $ 44,406.5333 $ 14.2325 I 17.7909 $ 21.3493 13 $ 30,844.5292 I 38,555.6615 $ 46,266.7938 $ 14.8291 I 18.5364 I 22.2437 14 $ 32,084.3413 I 40,105.6978 I 48,127.0543 I 15.4252 $ 19.2816 I 23.1380 15 I 33,325.2381 $ 41,656.8188 I 49,988.3995 I 16.0217 $ 20.0273 $ 24.0329 16 I 34,566.1349 $ 43,207.3975 $ 51,848.6600 $ 16.6183 $ 20.7728 $ 24.9272 17 $ 35,805.5131 $ 44,762.5318 $ 53,719.5506 $ 17.2142 I 21.5204 $ 25.8267 18 $ 37,047.9285 I 46,310.1818 $ 55,572.4351 $ 17.8115 I 22.2645 I 26,7175 19 $ 38,287.7406 I 47,860.2181 $ 57,432.6956 $ 18.4076 I 23.0097 I 27.6119 2D $ 39,528.6374 $ 49,410.7968 $ 59,292.9561 $ 19.0042 $ 23.7552 I 28,5062 21 $ 40,769.1003 $ 50,967.0158 I 61,164.9314 I 19.6005 $ 24.5034 $ 29.4062 22 I 42,009.3463 $ 52,511.9541 $ 63,014.5618 $ 20.1968 $ 25.2461 $ 30.2955 23 I 43,249.1584 $ 54,061.9904 $ 64,874.8223 $ 20.7929 $ 25.9913 $ 31.1898 24 $ 44,491.1399 $ 55,613.6537 $ 66,736.1675 $ 21.3900 I 26.7373 I 32,0847 25 $ 45,730.9520 I 57,163.6900 $ 68,596.4280 $ 21.9860 I 27.4825 I 32.9791 26 $ 46,972.9335 $ 58,716.4380 $ 70,459.9426 I 22.5831 $ 28.2291 I 33.8750 27 I 48,212.7456 $ 60,266.4744 I 72,320.2031 I 23.1792 $ 28.9743 $ 34.7693 28 $ 49,453.6424 $ 61,817.0530 $ 74,180.4636 $ 23.7758 $ 29.7197 $ 35.6637 29 $ 50,694.5392 $ 63,368.1740 $ 76,041.6088 $ 24.3724 $ 30.4655 $ 36.5586 3D $ 51,934.3513 I 64,918.2103 I 77,902,0693 $ 24.9684 $ 31.2107 I 37.4529 31 $ 53,178.0683 $ 66,466.9450 I 79,755,8216 I 25.5664 $ 31.9553 $ 38.3441 32 I 54,416.1449 $ 68,019.9100 $ 81,623.6750 $ 26.1616 $ 32.7019 $ 39.2422 33 $ 55,657.0417 $ 69,571.0310 $ 83,485.0202 $ 26.7582 I 33.4476 $ 40.1370 34 $ 56,896.8538 I 71,121.0673 $ 85,345.2807 $ 27.3543 I 34.1928 I 41.0314 35 $ 58,141.6555 I 72,671.4290 $ 87,201.2024 $ 27.9527 $ 34.9382 I 41,9237 36 $ 59,378.6474 $ 74,223.3093 I 89,067.9711 I 28.5474 $ 35.6843 $ 42.8211 37 I 60,897.8845 $ 76,122.6281 $ 91,347.3716 $ 29.2778 $ 36.5974 $ 43.9170 38 $ 61,864.3459 I 77,330.4324 $ 92,796.5189 $ 29.7425 I 37.1781 I 44.6137 3' $ 65,106.1024 I 81,383.1876 $ 97,660.2728 $ 31.3010 I 39.1265 I 46,9521 4D I 66,212.9061 I 82,766.7018 I 99,320.4974 I 31.8331 $ 39.7917 I 47.7502 41 I 67,338.5255 $ 84,173.7357 $ 101,008.9459 $ 32.3743 $ 40.4681 I 48.5620 42 $ 68,343.4776 $ 85,429.3470 $ 102,515.2164 $ 32.8574 $ 41.0718 $ 49.2862 43 $ 71,457.4224 I 89,322.3474 I 107,187.2724 $ 34.3545 I 42.9434 $ 51.5323 44 $ 73,601.1451 $ 92,002.0178 $ 110,402.8906 I 35.3852 I 44.2317 $ 53.0783 45 I 74,770.0317 $ 93,462.2525 I 112,154.4732 I 35.9471 $ 44.9338 I 53.9204 46 I 76,668.3715 $ 95,835.7540 $ 115,003.1365 $ 36.8598 $ 46.0749 $ 55.2900 Final Pay Plan-AnnualHourly 2106 1 2 3 4 5 RESOLUTION R06 - 6 7 8 A RESOLUTION OF THE CITY COMMISSION OF 9 THE CITY OF BOYNTON BEACH, FLORIDA, 10 APPROVING AND ADOPTING THE 2006 PAY PLAN; 11 AND PROVIDING AN EFFECTIVE DATE. 12 13 14 WHEREAS, the MGT has reviewed every position and conducted a comparison 15 with the most current survey and market data; and 16 WHEREAS, it is vitally important that the City maintain an equitable pay plan in 17 place, to ensure that we are able to compete for, and retain qualified employees; and 18 WHEREAS, the attached Pay Plan contains the outcome of this comprehensive 19 review; and 20 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION 21 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 22 Section I. The foregoing "Whereas" clauses are hereby ratified and confirmed as 23 being tme and correct and are hereby made a specific part of this Resolution upon adoption 24 hereof. Section 2. The City Commission of the City of Boynton Beach, Florida does 25 26 hereby approve and adopt the 2006 Pay Plan, a copy of which is attached hereto as Exhibit 27 "A", and made a part hereof. Section 3. This Resolution will become effective immediately upon passage. 28 I PASSED AND ADOPTED this _ day of February, 2006. 2 3 CITY OF BOYNTON BEACH, FLORIDA 4 5 6 7 Mayor 8 9 10 11 Vice Mayor 12 13 14 15 Commissioner 16 17 18 19 Commissioner 20 21 ATTEST: 22 23 Commissioner 24 25 City Clerk 26 27 (City Seal) 28 u' ......\, ~(). ' 'r::: / C -i"."j. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FOAAl VI.-CONSENT AGENDA ITEM C.12. Requested City Commission Date FUlal Fonn Must be Turned Requested City CommiHsion Date FUlal Fonn Must be Turned in MN!tino Dates in to Citv Clerk.' 8 Office Medil"lo Dates '" City Clerk', Oftke 0 December 6. 2005 November 14, 2005 (Noon.) [8] Fobruary 7. 2006 January 17, 2006 (Noon) 0 December 20. 2005 December 5, 2005 (Noon) 0 February 21. 2006 February 6, 2006 (Noon) 0 January 3, 2006 December 19, 2005 (Noon) 0 March 7, 2006 February 21,2006 (Noon) 0 January 17, 2006 JlU1Ullty 3. 2006 (Noon) 0 Morch21,2006 Morch 6, 2006 (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 ~ '-'i 0 City Manager's Report ('.) c,.) ~') . ~,-~ RECOMMENDATION: Approval of the ratified addendum to the NCF&O White Collar collective bargaining ~~lij;' for the fiscal year 2005/2006 wage re-opener. ~'. :,;'; ~-'-'~ ~~~ ~ EXPLANATION: The White Collar collective bargaining agreement estab1isbed a wage ~ner for fiscal yeai' ,. C") 200512006 to afford the NCF&O the opportunity to negotiate wages for its members following the results of the ::r: Classification and Compensation Study. With the completion of the study recommendations, the City met with the White Collar union representatives, negotiated and agreed to the attached contract modifications for your approval. PROGRAM IMPACT: This will impact all employees currently represented by the NCF&O White Collar bargaining unit. FISCAL IMPACT: The funds for this wage modification have been budgeted and approved by the City Manager. ATIVES, ""_ ..,.."...,_u_~;:...... NCP&O City Manager's Signature ~ K;.,\O()rG~S Department Name '" ~ City Attorney / Finance / Human Resources S.\BULLETlNIFORMSIAGENDA ITEM REQUEST FORM.DOC II 1; , 21 3 4 RESOLUTION R06- 5 6 A RESOLUTION OF THE CITY COMMISSION OF 7 THE CITY OF BOYNTON BEACH, FLORIDA, 8 RATIFYING THE FIRST ADDENDUM TO THE 9 WHITE COLLAR COLLECTIVE BARGAINING 10 AGREEMENT 2004 - 2006 BETWEEN THE CITY OF 11 BOYNTON BEACH, FLORIDA AND THE NATIONAL 12 CONFERENCE OF FIREMAN AND OILERS, SEIU, 13 AFL-CIO, LOCAL 1227 (NCF&O) FOR THE FISCAL 14 YEAR 2005/2006 WAGE REOPENER; AND 15 PROVIDING AN EFFECTIVE DATE. 16 17 18 WHEREAS, the Collective Bargaining Agreement established a wage reopener for 19 fiscal year 2005/2006 to afford the NCF&O the opportunity to negotiate wages for its 20 members following the results of the Classification and Compensation Study; and 21 WHEREAS, the City representatives met with the White Collar union 22 representatives, negotiated and agreed to the modifications to Article 16, Wages, a copy of 23 the First Addendum to Collective Bargaining Agreement is attached hereto as Exhibit "A"; 24 and 25 WHEREAS, the City Commission of the City of Boynton Beach deems it to be in 26 the best interests of the residents and citizens of the City to ratify this First Addendum. 27 28 29 30 31 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "WHEREAS" clauses are true and correct and hereby 32 ratified and confirmed by the City Commission. 33 Section 2. The City Commission of the City of Boynton Beach, Florida does 34 hereby ratify the First Addendum to Collective Bargaining Agreement between the City of S:\CA\RESO\Agreements\CBA Ratifications\White Collar Wage reopener.doc II I' Boynton Beach and the National Conference of Fireman & Oilers, Local 1227, a copy of 2 which is attached hereto and made a part hereof as Exhibit "A". 3 Section 3. This Resolution will become effective immediately upon passage. 4 PASSED AND ADOPTED this _ day of February, 2006. 5 6 CITY OF BOYNTON BEACH, FLORIDA 7 8 9 10 11ayor 11 12 13 14 Vice 11ayor 15 16 17 18 Commissioner 19 20 21 22 Commissioner 23 24 25 26 Commissioner 27 ATTEST: 28 29 30 31 32 City Clerk 33 34 35 36 (Corporate Seal) 37 38 S:\CA\RESO\Agreements\CBA Ratifications\White Collar Wage reopener.doc White Collar Wage Re-opener 01/23/2006 FIRST ADDENDUM TO COLLECTIVE BARGAINING AGREEMENT The City of Boynton Beach and the National Conference of Firemen & Oilers, SEIU, AFL-CIO. CLC, Local 1227, White Collar Bargaining Unit have heretofore entered into a Collective Bargaining Agreement effective October 1,2004 to September 31,2006. The parties met on January 19,2006, to discuss Wages. The parties agreed to modify Article 16, Wages, as follows: 16.0 WAGES 16.1 Effective October 1,2004, bargaining unit employees shall receive a 2% market adjustment added to base wage. 16.2 Effective Aprill, 2005 bargaining unit employees shall receive the following Performance Evaluation wage increase, added to base wage: a. Performance evaluation score shall generate a merit increase as outlined in the schedule outlined in Appendix B of this agreement. b. Performance evaluation score is below 2.0 No wage increase will be applied. 16.3 Effective October I. 2005. bargaining unit emplovees shall receive a 2% market adiustment added to base walZe. 16.4 Effective Februarv8. 2006. the Pav Schedules will be increased bv 8.47% at the minimum of the range and 8.47% at the maximum of the ranlZe. 16.5 Effective Februarv 8. 2006. those bargaining unit emplovees listed on Appendix One (1) who were upgraded as a result of the Classification and Compensation Studv as approved bv the Citv Commission on Januarv 17.2006. will receive a 5% increase. 16.6 Effective Februarv 8. 2006. bargaining unit emplovees shall receive a 4% market adiustment added to base waee. 16.7 Effective April I. 2006, bargaining unit emplovees shall receive the following Performance Evaluation wage increase. added to base walZe: fh Barllainim! unit emolovees who obtain a oerformance score 0[2.0 or hil!her will receive a base walle increase eaual to the score. not to exceed 4%. ~ For oerformance evaluation score below 2.0. no wage increase will be aoolied. M;> 16.8 No employee will receive a base wage less than the minimum of their pay grade unless thev are in a trainee status. No emolovee will receive a wage increase to a rate higher than the maximum salary for the position. An employee that is at the maximum salary range shall receive the market adjustment increase and the Performance Evaluation wage increase, if applicable, as a lump-sum payment. M4 16.9 The April I Performance Evaluations and re-evaluations at each thirty (30) day period as outlined below shall be completed in a unbiased and fair manner. Justification for all performance evaluation scores "exceeding standards" or "needs improvement" must have been previously provided to the employees being evaluated. Through LaborlManagement meetings, the Union and City shall continue to work on the evaluation process in order to ensure pay equity for employees. ~ 16.10 Employees who receive a performance evaluation rating that falls below a "Meets Expectations" (rating of less than 2) shall be placed on a Performance Improvement Plan. It is the responsibility of each employee to perform at a minimum level ofllMeets Standards". White Collar Wage Re-opener 01/23/2006 Article 16 Addendum Page 2 16.11 Emplovees who appeal the results of the Classification and Compensation Studv and are granted an uoe:rade bv MGT as a result of their anneal will receive a retroactive e:rade chane:e and retroactive sa'arv increase to the date of the mass change for all other grade adiustments as a result of the studv. All other provisions of the Collective Bargaining Agreement remain in effect as originally ratified. ATTEST: CITY OF BOYNTON BEACH, FLORIDA City Clerk Kurt Bressner, City Manager Approved as to form: James A. Cherof, City Attorney ATTEST: NCF&O, SElU, AFL-CIO LOCAL 1227, (White Collar) Union Attorney President Date ratified by CITY ,2006. Date ratified by UNION ,2006. ~ -< ~ '" z 0 >< H ~ '" .... "" ~ C ell E 1:: '" C- eil C ell ;:l i= .Q 0 ..., ~ III ell Gl Z = I- j:: C) .c ::!E 0 .., .r:. I- ~ (J 'E '" C) ell Gl ::!E z C) III c 'E .s C) c >- C- O ... III C) .... z 0 - ~ w () Gl ;:l i= .Q o ..., .Q 0 ~z <0 o o N - C') ~ ~ (l) '"' i= .D o ...., >- ~.D () S ~ (l) (l) .2 t5 '" '" (5 ~ c: c: 0.. Q - - 0 0 - c - ~ - - - - - c: c: "" "" c: c: c: c: c: c: c: c: (l) (l) '" ['l (l) (l) (l) (l) (l) (l) (l) (l) (l) C " (l) E E 'c 'c E E E E E E E E E .:.< 0.. :g 0. 0. 0. 0. 0. 0. 0. 0. 0. 0. 0. ~ f :;] :;] ~ S 0 0 E E '" 0 0 ~ 0 0 0 0 0 0 0 a; a; (l) ~ a; l ~ l a; a; a; a; a; () ~ > > E E .2 a; ~ > > > > > ~~ (l) (l) 0 0 (5 "" .D (l) (l) (l) (l) (l) 6 c c () () 0.. ::> c c :.:J C C C C C C c 66 ~ i~,e~ .Jo J; ~~~~~~~~~~~~~~~~~~~ zzzzzzzzzzzzzzzzzzz '- (l) .... .......c ~ ~~ o.BcoC:"- "2 co .- .S!:! Q) a>o..uot) ~ (/).~ 8."2 : (u,,-.....-ow..cc: - 0 0 VI f/J U 0 ()titicc~:;::: QJ QJ QJ 0 0 .!!! >c.a.+:;:';::;Q)W +:::;C/)wcacoc:a::: ~ E: E .~ .~ ~ CD VlClCl:;]:::J(/)E "c.5.5EEQ)Q 'E ~ ~ E E E 1i5 "'C ::J ::J 0 0 'C ::J <C1ll1ll()()()() NNNNN NOON__VN NMNNNM'C""" NNN<X)CX)'r'"""M N N ~ ...: (/) c: m "- ~ ci. '0 0 VJ "2 '2 (/) c QJ ....: 0 ij (j) ci. (ij en 'c Q) +-' ~ ~ .g ':>. I.... ~ Q) f- en UJ - C L.- 00G) C/)c~~~~~ 00 +_' +_' _-.2 ~ ~ 0 0 ~ QJ QJ '" c c ro <C <C QJ QJ " fir fir'o ~ '" " ~ ~ QJ ceo VI 1i5 = ~ ~ ~ _x (/) - - VI '00 '00 0. QJ QJ ~ "" ro ro ~ VI VI c..>.> Cl Cl ~ 1:' <C <C <C QJ QJ C c: .- '" .g .g ~ Q) Q) :t: 0:: a:: :c :0 "E .- o 0 co 0 0 E c c E E 0 ~ Q) Q) ~ ~ ~ QJ~ co co ::J ::J 0 0 WW:.JOOc..c..c..a:c..~~ NNN NNNNN "T"""--ONNV('I")('I")NNNN <"lNNOIl'l<"l<"lNN<"l'<tN<"l NNONNNNNNNM NNet) NNC'\lNC'\l VI.-CONSENT AGENDA ITEM C.13. RESOLUTION NO. R 06 - o'lS A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, ESTABLISHING A C011MUNITY INVEST11ENT FUND; RESCINDING ALL PREVIOUS RESOLUTIONS AND POLICIES GOVERNING EXPENDITURES OF C01111UNITY INVESTMENT FUNDS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Boynton Beach desires to establish a Community Investment Fund, to provide a source of discretionary funding to support projects and activities in the City which are accessible and beneficial to the citizens of the City; and. WHEREAS, passage of this Resolution will rescind all previous Resolutions and policies governing expenditures of Community Investment Funds; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "WHEREAS" clauses are true and correct and hereby ratified and confirmed by the City Commission Section 2. That the City commission of the City of Boynton Beach does hereby establish a Community Investment Fund as follows: Establishment of Community Investment Fund The City Commission hereby establishes a Community Investment Fund (CIF). The CIF shall be designated as a specific line item in the City Commission portion of the City's annual budget. Each year, in the annual budget adoption process, the City Commission shall consider an appropriation to the Community Investment Fund. The Commission is not required to appropriate funds to the Community Improvement Fund but when it does, the amount appropriated, if any, shall be available for distribution by the Mayor and City Commissioners in equal amounts only for qualified programs or projects. By way of example: If the S:\CA\RESO\Establish Community Iov FundsZ.doc 2/3/06 I Commission budgets $100,000.00, the Mayor and each Commissioner may request i , distribution of $20,000.00. Purpose of Community Investment Fund The purpose of the CIF is to provide a source of discretionary funding to support projects, programs and activities in the City which are accessible and beneficial to the citizens of the City. Due to the broad and diverse nature of programs or projects that may be eligible for funding from the CIF, no specific list of eligible projects, programs, or activities is appropriate. Criteria for Eligibility Eligibility for funding shall be conditioned on a finding by the City Commission that: 1. Public funds should not be used to improve private property unless there is a clear public need, purpose and benefit; 2. The recipient/payee provides services within the City; 3. A public purpose beneficial to the entire community is served by such donation; and 4. Proper safeguards are being implemented by the City administration to assure that the funds will be used for the stated purpose. The findings of the City Commission as to each of these required elements shall be inferred from the Commission's approval or disapproval of the requested distribution without the need for separate findings. Procedures for Consideration of Expenditures The procedures for expenditures from the CIF are as follows: S:\CA\RESO\Establish Community Inv Funds2.doc 2/3/06 1. The Mayor or any member of the City Commission shall make a verbal request to the City Clerk for the expenditure of funds. 2. The City Clerk shall complete a Community Investment Fund Request Form (form attached as Exhibit "A") and forward it to the Finance Director. 3. The Finance Director shall determine the availability of funds, complete the portion ofthe form documenting same, and forward the form to the City 11anager. 4. The City Manager or his/her staff shall evaluate the proposed expenditure to determine if constitutes a proper expenditure of public funds and coordinate overview of the use of funds. The City 11anager shall complete the Request Form and the item shall be added to the next Commission agenda. 5. The City Commission shall act on the request for expenditure by approving or disapproving the agenda item. Discretionarv Nature of Commission Action The decision of the City Commission to approve or disapprove a requested distribution of Community Investment Funds is discretionary and is not subject to appeal, review or challenge. Section 3. That any and all previous Resolutions and/or Policies governing expenditures of Community Investment Funds are rescinded. Section 4. That this Resolution will become effective immediately upon passage. S:\CA \RESO\Establish Community Jnv Funds2.doc 2/3/06 PASSED AND ADOPTED tbis _ day of February, 2006. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner City Clerk (Corporate Seal) S:\CA\RESO\Establish Community lnv FundsZ.doc 2/3/06 EXHIBIT A C011MUNITY INVESTMENT FUND DISBURSEMENT REQUEST FORM Part 1- Summary of Request (to be completed by City Clerk) Date of Request: Requested by 11ayor/Commissioner: Amount Requested:$ Recipient/Payee: Description of project, program, or activity to be funded: Dated: By: City Clerk Part II-Availability of funds (to be completed by the Finance Director) The annual appropriation of funds available to the requesting 11ember of the Commission listed above is $ . $ has been used to date by the requesting 11ember, leaving a balance of available funds of $ Accordingly: o There are funds available as requested o There are insufficient funds available as requested. Dated: By Finance Director Part 111- Eligibility Evaluation (to be completed by City Manager) o The proposed expenditure of funds will not result in improvement to private property; o The recipient/payee provides services within the City of Boynton Beach; o The project, program or activity which is being funded will occur in the City of Boynton Beach and participation is open to all residents of the City; and o Proper safeguards will be implemented to assure that the public funds being appropriated will be used for the stated purpose. Dated: By: City 11anager S:\CA\RESO\Establish Community Inv Funds2.doc 2/3/06 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 VI.-CONSENT AGENDA ITEM C.14 RESOLUTION NO. 06- 04& A RESOLUTION OF THE CITY C01111ISSION OF THE CITY OF BOYNTON BEACH, FLORIDA SUPPORTING THE CONTINUATION OF PUBLIC SCHOOL CHOICE OPTIONS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission supports the concept of educational choice as provided in 91002.20(6), Florida Statutes; and WHEREAS, the City Commission also supports the formation and operation of charter schools as one of the optional public educational environment; and WHEREAS, the City Commission endorses the State legislative determination that charter schools should be guided by the following principles: I. 11eet high standards of student achievement while providing parents flexibility to choose among diverse educational opportunities within the state's public school system. 2. Promote enhanced academic success and financial efficiency by aligning responsibility with accountability. 3. Provide parents with sufficient information on whether their child is reading at grade level and whether the child gains at least a year's worth oflearning for every year spent in the charter school. WHEREAS, the City Commission, aware that recent litigation concern a charter school located in Boynton Beach has necessitated a turn over of operations ofthe school to the School Board, finds that it is still in the best interest of the students of that charter school to continue participation in a charter school environment. NOW, THEREFORE, BE IT RESOLVED BY THE CITY C011MISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AS FOLLOWS: Section I: The "Whereas" clauses set forth hereinabove related to proposed legislative enactments are incorporated herein by reference. Section 2: The City Commission finds that charter schools constitute a reasonable and necessary educational choice that should be available to the citizens ofthe City of Boynton 1 S:\CA\RESQ\Charter School.doc 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Beach, Florida. Section 3. The City Commission ofthe City of Boynton Beach hereby expresses its continued support for the operation of a charter school in the City's jurisdictional limits. The City Commission urges support of the School Board of Palm Beach County for the continued operation of the Survivor's Charter School notwithstanding recent operational problems that necessitated that the School Board take over operations of that charter school. Section 4: This Resolution shall take effect immediately upon passage. The City Clerk shall forward a copy ofthis Resolution to the School Board of Palm Beach County and its members. PASSED AND ADOPTED this _ day of February, 2006. CITY OF BOYNTON BEACH Mayor Vice Mayor Commissioner ATTEST: Commissioner Deputy City Clerk Commissioner (Corporate Seal) 2 S:\CA\RESO\Charter SchooLdoc ~, VI.-CONSENT AGENDA ITEM E.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 Meetinl!: Dates in to City Clerk's Office MeetinlZ Dates in to City Clerk's Office D December 6, 2005 November 14, 2005 (Noon.) IZ:J February 7, 2006 January 17,2006 (Noon) D December 20, 2005 December 5, 2005 (Noon) D February 21,2006 February 6, 2006 (Noon) '-, D January 3, 2006 December 19, 2005 (Noon) D March 7, 2006 February 21,2006 (Noon) D January 17, 2006 January 3, 2006 (Noon) D March 21,2006 March 6, 2006 (Noon) D Administrative D Development Plans -'tJ -, NATURE OF IZ:J Consent Agenda D New Business ":-? -.lr-"':J AGENDA ITEM D Public Hearing D Legal --.rn D D '::;-1 ::~~;~ Bids Unfmished Business D Announcement D Presentation D City Manager's Report RECOMMENDATION: Please place this request on the February 7, 2006 City Commission Agenda under Consent Agenda. The Community Redevelopment Agency Board recommended the subject request be denied, due to inconsistency of project design with current zoning regulations such as urban setbacks. For further details pertaining to the request, see attached Department Memorandum No. PZ 05-220. EXPLANATION: PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: Edward Medical Offices (SPTE 06-001) Hany Edward Hany Edward 3908 South Federal Highway Request for a one-year Site Plan Time Extension for a site plan approval granted on November 16,2004, from November 16, 2005 to November 16, 2006. PROGRAM IMPACT: FISCAL IMPACT: AL"RNATIV<~ Devel~m nt D partment Director NIA NIA ~~ City Manager's Signature P~d ~ ~or City Attorney / Finance 1 Human Resources S:\PJanning\SHARED\WP\PROJECTS\Edward Medical Office\SPTE 06-001\Agenda Item Request Edward Med etr SPTE 06-001 2-7-06.dot S:\BULLETINIFORMSIAGENOA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 05-220 TO: Chair and Members Community Redevel~ment Agency Board ~(\U 10 Michael Rumpf Director of Planning and Zoning THRU: FROM: Kathleen Zeitler k:Z? Planner DATE: December 30, 2005 PROJECT: Edward Medical Office / SPTE 06-001 REQUEST: Site Plan Time Extension PROJECT DESCRIPTION Property Owner: Hany Edward Applicant / Agent: Hany Edward Location: 3908 South Federal Highway (see Exhibit "A") Existing Land Use/ Zoning: Local Retail Commercial (LRC)/ Community Commercial (C-3) Proposed Land Use/Zoning: No change proposed Proposed Use: 11,796 square foot medical office building Acreage: O.72-acre (31,702 square feet) Adjacent Uses: North: Developed commercial property with a Local Retail Commercial (LRC) land use classification, zoned Community Commercial (C-3); South: Developed commercial property classified as Palm Beach County Commercial High / Medium Residential MR-5 (CH / 5) land use and zoned Palm Beach County General Commercial (CG); East: Right-of-way for South Federal Highway, then farther east is undeveloped residential property (future Waterside residential development by Southern Homes, Inc.) with a Special High Density Residential (SHDR) land use classification, zoned Infill Planned Unit Development (IPUD); and West: Developed residential property classified as Palm Beach County Medium Residential (5 units per acre - RM/5) land use and zoned Palm Beach County Residential Multi-family (RM). Page 2 Edward Medical Office SPTE 06-001 Memorandum No. PZ 05-220 BACKGROUND Mr. Hany Edward is requesting a one (i)-year time extension for The Edward Medical Office Building Site Pian Development Order (NWSP 04-012) which was approved by the City Commission on November 16, 2004. The site plan approval is valid for one (1) year from the date of approval, unless a building permit has been issued or a time extension applied for. If this request for extension were approved, the expiration date of this site plan would be extended to November 16, 2006. According to the original site plan staff report, the proposed Edward Medical Office Building will consist of a two story structure of 11,796 square feet with under-story parking on a 0.72 acre lot which is zoned C-3 (Community Commercial). The project has been approved for the following: annexation from unincorporated Palm Beach County (ANEX 04-004), a land use amendment (LUAR 04-008) from CHIS Commercial High Intensity (Palm Beach County) to Local Retail Commercial (LRC), a rezoning (LUAR 04-008) from CG General Commercial (Palm Beach County) to Community Commercial (C-3), and a Site Pian (NWSP 04-012). The construction of the building, parking lot, and all other site improvements will occur within one (1) phase. ANALYSIS According to Chapter 4, Section 5 of the Land Development Regulations, "the applicant shall have one (1) year to secure a building permit from the Development Department". Examples of building permits include but are not limited to the following: Plumbing, electrical, mechanical, foundation, and structural. The Regulations authorize the City Commission to approve one (1) year time extensions, provided that the applicant files the request prior to the expiration date of the development order. In this case, the applicant has met that requirement. The Planning & Zoning Division received the application for time extension on October 19, 2005, which is 28 days before the expiration date of the site plan approval. According to the time extension application, Mr. Edward indicates that he has "been trying to obtain a construction loan from a financial institution for the last 8 months, but each bank requested that he sell or lease several units prior to obtaining the construction loan". While it may be true that the applicant experienced delays caused by private matters in construction financing, the onus is still on the applicant to submit drawings to the Building Division in order to secure a building or infrastructure type of permit. Submitting these types of permit plans demonstrates "good faith" to the City that the applicant is attempting to complete the project. Also, a more formal criterion for evaluating requests for time extensions is compliance with concurrency requirements. The Palm Beach County Traffic Division approved the traffic study for the proposed medical office project. Based on their review, the proposed project does not constitute a 1% LOS D Capacity impact on Federal Highway, and therefore meets the Traffic Performance Standards of Palm Beach County. Traffic concurrency was approved with a build-out date of 2005 and no building permits are to be issued by the City for this project after the 2005 build-out date. Since the applicant will not obtain building permits for this project by the end of 2005, a revised traffic study will be required for approval by the County (see Exhibit "c" - Conditions of Approval). As for utilities, records indicate the utility reservation has not yet been paid, therefore the related condition of approval still stands. The site plan time extension is still subject to the 40 conditions of site plan approval (see Exhibit "c" - Conditions of Approval). Lastly, only one new land development regulation has been adopted against which the project should be reviewed and modified. On August 2, 2005, the City Commission passed Ordinance 05-029, entitled "The Urban Commercial District Overlay Zone", which amended the setback regulations for commercially zoned properties within established redevelopment plans. This particular parcel lies within the Federal Highway Page 3 Edward Medical Office SPTE 06-001 Memorandum No. PZ 05-220 Corridor Community Redevelopment Plan. This project was designed following established setbacks within the Community Commercial (C-3) zoning district, which requires a minimum 20 foot front setback, and a setback of approximately 29 feet was provided. The Overlay now establishes a build-to line rather than a minimum setback. This build-to line is from 5 feet to 15 feet for the front yard. No other yard setbacks are affected by the overlay provisions. The objective of the Overlay is to encourage commercially zoned parcels to be developed in a manner consistent with the pattern of mixed-use projects, while improving the aesthetic and pedestrian streetscape environment. A review of approved and proposed residential projects (PUD or IPUD) in the immediate vicinity depicts setbacks from Federal Highway between 10 and 20 feet. The only other recently approved non- residential project in the immediate vicinity (2 parcels to the south), Victoria's Closet, which was approved in 2002, has an 85 foot setback from Federal Highway. Staff recommends that no change be made to the existing approved site plan, subject of this time extension request. This position is based upon the following characteristics: (1) the site plan was previously approved with design characteristics to represent an enhancement to the area; (2) the portion of the building that could potentially be brought closer to Federal Highway is the side of the building and, combined with it's narrow width, the project may contribute minimally to the streetscape if moved eastward 15 feet; (3) the fountains at the entry drive may be jeopardized by moving the building forward, and (4) the landscaping between the building and roadway would be reduced. RECOMMENDATION Staff recommends that this request for a one (i)-year time extension of the site plan (NWSP 04-012) be approved, subject to the conditions of approval listed in Exhibit "C" - Conditions of Approval. If this request for extension were approved, the expiration date of this site plan would be extended to November 16, 2006. As previously mentioned, staff is generally in favor of the redevelopment efforts proposed in the approved site plan. If this request for site plan time extension is approved, all conditions of approval from the original site plan must still be satisfactorily addressed during the building permit process. S:\Planning\SHARED\WP\PROJEcrS\Edward Medicai Office\SPTE 06-00t\Staff Report.doc EDWARD MEDICAL OFFICE LOCATION MAP EXHIBIT A HDR SHDR .. 1 s ... .. CHIS - - LRC CHIS . M .co . '" ) ....'w.' , LEGEND ...... City Boundary Land uses: LRC .. Local Retail Commercial HDR - High Density Residential SHDR .. Special High Density Residential MR-5 . Medium Residential (county) CH/5 .. Commercial High, wJunderlylng MR-5 (county) IU!llt' :~I~lljlll IIIi +I~'I !j'l '~'''III l.c III. ': iW 'it! I : III d i i i: '! ~ I ~ I ill !II I" i!~ ., " h' , EXHIBIT "8" , o , ~ r :I z I> ~ I! . , , · I U Ii I i 1'1111111 II T' III I -I a Ilfl I I I II I J 1111' I' ('111111 I III I; ( (,I I I I III I I I Ji I" I I I l-llllll " I Irrr~1I II ~)i III.... Mo_ rll II:~ W liWIH~ ~~~- r ._ II .~I ~III II~I iil~ II~; g~i il! 1:1, iil III Iii 1-. I::XHIHI T "B" II G> e ,I . G> G>0 , GG8 ~QQ; e G> G> Ji 'il 'i; . J ~ ~~ II~ ~ G> ,ii G> <3 ~~~ D~ . . ill I ~Ii . . ~,u[ -I II G> e I 'rrr~II'1 0 .... r - ~ I III I I ,il '\ 1111111":-; ..._-=,r....:=- Iii ~' 1 W". 0 ......-..- "" ,.A II . _ I ~ I '~#.' EXHIBIT "e" Conditions of Approval Project name: Edward Medical Office File number: SPTE 06-001 Reference: I DEPARTMENTS I INCLUDE I REJECT I PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic Comments: None X UTILITIES Comments: None X FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: None X BUILDING DIVISION Comments: None X PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENT ALlST Comments: None X PLANNING AND ZONING Comments: 1. If no City building permits have been issued for the Edward Medical Office X project by the end of 2005 (project build-out date for traffic concurrency Conditions of Approval 2 I DEPARTMENTS I INCLUDE I REJECT I approval), the applicant will be required, at the time of permitting, to submit an updated traffic concurrency approval from the Palm Beach County Traffic Division. 2. The time extension is subiect to the original Conditions of Approval. X ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD CONDITIONS Comments: I. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: I I I 1. To be determined. I S:\Planning\SHARED\WP\PROJECTS\Edward Medical Office\SPTE 06-001\COA for SPTE.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Edward Medical Office APPLICANT'S AGENT: Hany Edward APPLICANT'S ADDRESS: 2657 NW 291h Avenue, Boca Raton, FL 33434 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: February 7,2006 TYPE OF RELIEF SOUGHT: Request a one (1) year time extension of the site plan (NWSP 04-012) to November 16, 2006 LOCATION OF PROPERTY: 3908 South Federal Highway (west side of South Federal Highway, approximately 350 feet south of intersection with Old Dixie Highway) DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Community Redevelopment Agency Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". 4. The Applicant's application for relief is hereby _ GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: City Clerk J :\SHRDA T A\Planning\SHARED\WP\FORMS\Blanks fanTIs folder\Devefop.Order Form-2001-Revised.doc Meeting Minutes eRA Board Meeting Boynton Beach, Florida B. Site Plan Time Extension January 10, 2006 1. Project: Agent: Owner: Location: Description: Edward Medical Offices (SPTE 06-001) Hany Edward Hany Edward 3908 South Federal Highway Request for a one-year Site Plan Time Extension for site plan approval granted on November 16, 2004, from November 16, 2005 to November 16, 2006 Kathleen Zeitler, Planner, presented the staff report. She explained Mr. Edward had requested the extension to November 16, 2006 because he had been trying to get a construction loan for the past 8 months. Traffic concurrency for this project was obtained for the original site plan approval, but the build out date was 2005 and no building permits could be issued after that date. Therefore, a new traffic concurrency approval would have to be obtained for an extension. The site plan was subject to the 40 original conditions of approval. Since the site plan was approved, the City adopted an Urban Commercial District Overlay Zone, which amended the setback regulations for commercially zoned properties within established redevelopment plans. Staff recommended, though, that no change be made to the existing approved site plan, the subject of this time extension request. Vivian Brooks, CRA Planning Director, stated her comments were contained in the staff report and she had nothing to add. Hany Edward, 2657 N.E. 29th Avenue, Boca Raton, said he had gotten a proposal from two doctors who were interested in leasing some of the proposed spaces, and that should help him get a construction loan. Fidelity Federal Bank wanted to see 50% of the project under lease or sold and the two doctors would make that goal. He anticipated being able to break ground in about 6 months. Ms. Horenburger was concerned because she read in the backup that Mr. Edward had not even submitted drawings to the Building Division for building or infrastructure type permits, an act that would demonstrate the applicant's good faith. She thought inserting a deadline for permit application that was some months before the expiration of the deadline as a "kicker," would be appropriate. He would lose his site plan extension if he had not applied for a permit by May, for example. He could have the extension if a permit were pulled by that time. If he needed another month or two beyond November, he would be substantially underway in the project. Ms. Zeitler explained the extension was for the permitting process and would give the applicant time to get his financing, get construction drawings done and submitted to the Building Department and get a building permit prior to that date in November. Attorney Spillias said the site plan would still be valid as long as he pulled it by the expiration date of November 16, 2006. Ms. Horenburger thought there were standards in other cities in regard to site plans. A project had to be underway or have demolition to show good faith to continue the site plan extension. Attorney Spillias stated building permits themselves had time 9 Meeting Minutes CRA Board Meeting Boynton Beach, Florida January 10, 2006 limitations. Once a building permit had been pulled, at some point in time the developer would have had to undertake some kind of activity. The Planning staff responded that calling for an inspection was considered sufficient activity in Boynton Beach. Mr. Barretta had voted against this project initially and with the advent of the new Overlay Zoning District, the City wanted to see a different type of project with a new look and appeal than the one that was previously approved. He saw no reason to grant the extension. Mr. Myott declared the nature of the site itself forced the side of the building all the way to the property line. He did not know that the Overlay District would help it because of the triangles coming out of the site and visibility, and so forth. The current site configuration was for the highest and best use. He did not think that ten months would be enough time and believed Mr. Edward would come back again. He thought the CRA's site plan approvals for commercial projects over a certain size should be given 18 months from the beginning. Ms. Horenburger agreed one year was extremely limiting. Ms. Zeitler stated the site plan extension process gave the authority and opportunity for the City Commission to address any kind of site plan changes before approval. Mr. Barretta believed that changes to the site plan were in order. The entire south side of the building was exposed with barely any landscaping and it was right up against the property line. It would be a real eyesore. A different site plan for a three-story building could be put in there that would allow more landscaping. There were half a dozen solutions to give Mr. Edwards the square footage he needed and give the City the kind of aesthetic it was trying to achieve. Ms. Zeitler asked if it could be addressed at the hearings through a condition of approval that the applicant comply with the new Overlay District regulations and making changes to the plan prior to the permitting process. Mr. Barretta said that would require consideration of a whole new site plan. Mr. DeMarco had worked on several buildings for doctors where the acreage was a full acre or more, which allowed a building of about 12K square feet. This project was close to 12K square feet on less than three-quarters of an acre. Motion Mr, Barretta moved to deny the request for site plan extension to give the applicant an opportunity to redesign the project based on the Urban Commercial Overlay zoning. Ms. Horenburger seconded the motion that passed 4-2, Mr. Myott and Chair Heavilin dissenting. VII. Pulled Consent Agenda Items There were none. Chair Heavilin welcomed Commissioner Ensler to the meeting. VIII. Old Business A. Consideration of the CRA Executive Director Position 10 \ 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 MeetinlZ Dates in to City Clerk's Office 0 December 6. 2005 November 14,2005 (Noon.) 1;;<;1 February 7, 2006 January 17, 2006 (Noon) 0 December 20, 2005 December 5, 2005 (Noon) 0 February 21, 2006 February 6, 2006 (Noon) 0 January 3. 2006 December 19, 2005 (Noon) 0 March 7. 2006 February 21, 2006 (Noon) 0 January 17,2006 January 3, 2006 (Noon) 0 March 21, 2006 March 6, 2006 (Noon) 0 Administrative 0 Development Plans NATURE OF 1;;<;1 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: Motion to approve the "BOYNTON LAKES PLAZA REPLAT NO. I" Record Plat, conditioned on the approval being the certification of the plat documents by H. David Kelley, Jr. (City Engineer and Surveyor & Mapper). EXPLANATION: This replat consist of an existing facility within the plaza. Since this parcel is being sold independently, the creation of a new record plat document is required. PROGRAM IMP ACT: None FISCAL IMPACT: None 'C"" ,;!k). i ~ City Manager's Signature ALTERNATIVES: None Public Works I Engineering Division Department Name City Attorney 1 Finance 1 Human Resources S:\BULLETIN\FORMSIAGENDA ITEM REQUEST FORM.DOC VICINITY SKETCH NOT TO SCALE trr..' :..:'p. / ' .1 ;1", .c.\.... l.-.i L ,!..',,'\ .: ../ 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 Meetinl! Dates in to City Clerk's Office 0 December 6, 2005 November 14, 2005 (Noon.) [gJ February 7,2006 January 17,2006 (Noon) 0 December 20, 2005 December 5, 2005 (Noon) 0 February 21, 2006 February 6, 2006 (Noon) 0 January 3, 2006 December 19,2005 (Noon) 0 March 7, 2006 February 21,2006 (Noon) 0 January 17,2006 January 3, 2006 (Noon) 0 March 21, 2006 March 6, 2006 (Noon) NATURE OF AGENDA ITEM o [gJ o o o o Administrative 0 Development Plans Consent Agenda 0 New Business Public Hearing 0 Legal Bids 0 Unfinished Business Announcement 0 Presentation ).._) --':"1 -, n '-riC";,.] ,") z.s~~ ..... i'Tln RECOMMENDATION: Motion to approve the "KNOLL WOOD PUD" Record Plat, conditioned on the approval being lI\e certification of the plat documents by H. David Kelley, Jr. (City Engineer and Surveyor and mapper). City Manager's Report :") EXPLANATION: The record plat review for this project commenced on September 13, 2005, to which the third and final review is being completed on January 20,2006. Several plat preparation changes not withstanding, staff now recommends that the City Commission approve the plat as presented subject to fmal signatures by the City Engineer and Mayor. This record plat is the next step in the annexation process for this developable project. The record plat preparer has stated that all minor changes necessary to this instrument will be in compliance with those comments noted in the last review letter. PROGRAM IMP ACT: The proposed development will continue to be delayed until the proposed record plat (and construction plans) have received technical compliance pursuant to the Land Development Regulations. The Land Development permit (LDP) cannot be issued until the proposed record plat is acceptable for recording with the Clerk of the Circuit Court of Palm Beach County, Florida. Construction permitting commences after the issuance of the LDP. FISCAL IMPACT: None AL TERNA TIVES: The proposed development will continue in abeyance until the proposed record plat is received in acceptable f~rm,:n~ the constructlOn plans have been approved for perrmttmg.~ If[/t'c/<<<, "JC2.l _,00 I IT {)(e Dep ent ea(f.s SIgnature " City anager's sig1.ture Public Warks I Engineering Division Department Name City Attomey I Finance I Human Resources S,IBULLETlNIFORMSIAGENDA ITEM REQUEST FORM.DOC --' JX "" ~ '" >- >- '" "" >- --' 'i LWDD L-20 CANAL '" M1NFR-ROAD "" 0 '" uJ / '-' z PROJECT uJ '" '" SITE '" --' GATEWAY BLVD II LOCATION MAP NOT TO SCALE VI.-CONSENT AGENDA ITEM H. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Meet]"!! Dates Date Final Form Must be Turned Requested City Commission in to City Clerk's Office Meetinl! Dates Date Final Form Must be Turned in to City Clerk's Office o December 6, 2005 D December 20, 2005 o January 3, 2006 o January 17,2006 November 14, 2005 (Noon.) (gI February 7, 2006 December 5, 2005 (Noon) 0 February 21, 2006 December 19, 2005 (Noon) 0 March 7,2006 January 3, 2006 (Noon) 0 March 21,2006 January 17,2006 (Noon) February 6, 2006 (Noon) February 21,2006 (Noon) March 6, 2006 (Noon) NATURE OF AGENDA ITEM o Administrative i:8J Consent Agenda o Public Hearing o Bids o Announcement o City Manager's Report o Development Plans o New Business o Legal o Unfinished Business o Presentation RECOMMENDATION: Authorize the use of $2,000 of Commissioner Ensler's Community Investment Funds to the Boynton Regional Symphony Orchestra. EXPLANATION: Commission approval is requested for allocation of $2,000 to the Boynton Regional Symphony Orchestra to assist in offsetting the cost of putting on their initial performance on March 10, 2006. Currently, this request does not meet all of the criteria, specifically; 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. The orchestra is incorporated in the State of Florida and has received nonprofit status from the IRS, however, they are not located in the City of Boynton Beach. PROGRAM IMPACT: Allocation offunds will assist the above program. FISCAL IMPACT: Funds are budgeted for these types of activities. Each Commissioner has $10,000 in Community Investment Funds to allocate subject to Commission approval. Decline to authorize the requested use. City Attorney I Finance 1 Human Resources Department Name S:\BULLETIN\FORMSIAGENOA ITEM REQUEST FORM. DOC EXHIBIT A COMMUNITY INVESTMENT FUND DISBURSEMENT REQUEST FORM Part 1- Summary of Request Date of Request: January 20, 2006 Requested by 11ayor/Commissioner: Commissioner Ensler Amount Requested: $2,000 Recipient/Payee: Boynton Regional Symphony Orchestra Description of project, program, or activity to be funded: 110netary donation for performance. Dated: I-ole; -tJ& By: Part II-Availability of funds (to be completed by the Finance Director) The annual appropriation of funds available to the requesting 11ember of the Commission listed above is $10,000. $ 0 has been used to date by the requesting 11ember, leaving a balance of available funds of $10,000. This request would bring the available amount down to $ 8,000. Accordingly: J( There are funds available as requeste D There are insufficient funds available a Finance rector uest d. Dated: 1/)..(,10(, I I By: Part 111- Eligibility Evaluation (to be completed by City Manager) Dated: ~ The proposed expenditure of funds will not result in improvement to private property; D 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; flY'" 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 D Proper safeguards are being implemented to assure that the public funds being appropriated will be used for the stated purpose. D If funds are to be used as a scholarsh' the individual receiving the funds must reside inside the City Limits. I /3d b 10 By: City 11anager S:ICity MgrlAdministrationlMA YORCOMICOMMUNITY INVESTMENT 2005-2006\BLANK FORM 05-06.doc Boynton Regional Symphony Orchestra Barry Volkman, Music Director 561-304-3937 C''4 ~ ;_,;1-'-0<:- ~ 11ayor Jerry Taylor 11embers of the City Commission City Hall 100 E. Boynton Beach Blvd. Boynton Beach, FL 33425 January 24, 2006 Dear Sirs, The officers and the directors of the BRSO are pleased to inform you that the inaugural concert of our recently formed orchestra will occur in the city of Boynton Beach on 11arch 10,2006 at 7:30 P11 in the auditorium of the Boynton Beach High School. We invite you all to attend. As you know, with your generous assistance last year we were able to become incorporated in the State of Florida and to receive nonprofit status from the IRS. We were also able to purchase music, much of which will be played that evening. We estimate that this performance will cost a minimum of $3,000 in donations. We are turning to you for some assistance in this, our initial effort to be a positive addition to the varied cultural experiences obtainable in the city of Boynton Beach and we hope that you can help. Thank you in advance. Sincerely, Alex DeFonso President Boyatoa a..lonaI s,......,. OreIa..tra ......,. v....... .... ..... CeIIcwt Friday, ...... .e, ... .,. .. .N~Mh "IIII!'I, __.. .............0.........,.11. .. A.dltwt_ 4975 ......... lto,.....a..,1t, f&. .....~~...J..~~..... . DIt*....CIf ..... ............00.11. TIctIl4tO: ..... ..... ......1......7 fro '("Y...' ... '._ .\ '.. :"l'()N VII.-CODE - LEGAL SETTLEMENT ITEM A. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Meetin!! Dates in to City Clerk's Office D December 6, 2005 November 14, 2005 (Noon.) [8J D December 20, 2005 December 5, 2005 (Noon) D D January 3, 2006 December 19, 2005 (Noon) D D January 17,2006 January 3, 2006 (Noon) D D Administrative D D D D Announcement D City Manager's Report Rubin & Ana Frias v, Citv of Bovnton Beach Plaintiff Counsel: Albert R. Wilber, Jr" Esq. Defense Counsel: Da NATURE OF AGENDA ITEM Consent Agenda Public Hearing Bids Requested City Commission Date Final Form Must be Turned Meetine: Dates in to City Clerk's Office February 7, 2006 January 17,2006 (Noon) February 21, 2006 February 6, 2006 (Noon) March 7. 2006 February 21, 2006 (Noon) March 21, 2006 March 6, 2006 (Noon) D Development Plans D New Business D Legal D Unfinished Business D Presentation Code Compliance & LegaL X Settlements -( '" (_1 '-.- RECOMMENDATION: Motion to pay settlement from continuing negotiations in the amount of $22,000.00. c, ,', -rlCD :~~ ;;; , In ::r: EXPLANATION: On March 4, 2002, City Fire Department vehicle slowed only for a red light during an emergency response and struck the plaintiff's vehicle in the intersection. The plaintiff suffered multiple injuries from the motor vehicle accident. This included a torn left medial meniscus and a right sided herniation. Surgery was performed. Medical expenses exceeded $40,000.00. Original demand on this claims was $100,000.00. PROGRAM IMPACT: 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. ALTERNATIVES: Failure to approve settlement will result in claim being litigated. Value of this case at trial is estimated at $50,000+. Defense trial legal costs are estimated at $20,000.00. RISK MANAGEMENT Department Name CjmlClaimautlFriasRO l.dot S:\BULLETIN\FORMSIAGENDA 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: January 10, 2006 Rubin & Ana Frias v. City of Boynton Beach Date of Loss: March 4, 2002 Risk Management recommends the City Commission ratify the: X Settlement in the above stated manner. SUBJECT: _ Judgement RESERVES: Indemnity: $ 50,000 Expenses: $ 20,000 Demand: Original: $100,000 Final: $ 30,000 Offer: Original: $ 5,000 Final: $ 22,000 x SETTLEMENT: $ 22,000 NOTE: This selllement 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: $ -0- IF NOT SETTLED Projected Legal Fees: 'Projected Jury Verdict: $ 50,000+ JUDGEMENT: $- Current Adjustment Fees: $ - Current Legal Fees: $ - CASE NARRATIVE: On March 4, 2002, City Fire Department vehicle slowed only for a red light during an emergency response and struck the plaintiffs vehicle in the intersection. The plaintiff suffered multiple injuries from the motor vehicle accident. This included a torn left medial meniscus and a right sided herniation. Surgery was performed. Medical expenses exceeded $40,000.00. Original demand on this claims was $100,000.00. CjmJClaimaut/FriasR02.doc ;ar, 'C. 20051'25A~ ~o. 8752 P 1 e Gallagher Bassett Services, Inc. January 10, 2006 Via Fax-742-6041 City of Boynton Beach Atln: Charles J. Magazine, Risk Manager P.O,60x310 Boynton Beach, FI. 33425 RE: Claimant: Our Client Clairn#: Loss Date: Rubin Frias City of Boynton Beach 001470.000067 -AB-O 1 34-02 Dear Chuck: The claimant has finally accepted the settlement offer of$22,OOO, and returned the attached executed release. As you know this offer has been on the table since October 2005, it was extended as a final offer to Mr. Frias. As we discussed you will place this for final approval before the City Council, and then forward the settlement check payable to the two claimants and Albert R. Wilber, Jr. their attorney. The attorney uses his Social Securlty# for his tax 1.0,26148-8632. As you know we believe this settlement is in the interests of the City to settle at this time. The injured claimant did have a herniation, substantial medical out of pockets, and probable that a jury would find comparative negligence on the City. We have nothing further to report and are retiring our file at this time. ~~ Gene Montfort Senior Claims Re resentative Enc release P.O. Box 18219 West Palm Beach. FL 33416 1-561-640-4443 )(202 Fax #1.561.615-4449 Ja'.10. 2006 11 :50AM e Gallagher Bassett Services, Inc. No.8 7 65 P I January 10, 2006 Via Fax-742-6041 City of Boynton Beach Attn: Charles J. Magazine, Risk Manager P.O. Box 310 Boynton Beach, FI. 33425 RE: Claimant: Our Client: Clairn#: Loss Date: Rubin Frias City of Boynton Beach 001470.000067 -AB-O 1 34-02 Dear Chuck. : This letterwill supplement our prior letter forwarding you the settlement release. The claimant suffered multiple injuries from the accident with the Fire Rescue vehicle. This included a tom left medial meniscus. Surgery was performed 6-21-02. Additionally Dr. Katzell diagnosed him with a light sided hemiation with a 6% rating and 4% for the knee surgery. The claimant has medical out of pockets of $26,000 of the $40.000 in specials for the knee surgery and follOw up orthopedic care for the lumbar injury. We know the claimant had pre-existing injuries, however his treatment on the above injuries began the day of the accident and there was substantial properly damage of $9500 to his vehicle which would corroborate a nexus between treatment and impact. We believe settlement of the injury claim is in the best interests of City, noting a potential jury verdict award and additional defilnse attomey fees if not resolved at this time. ;LL~' Gene Montfort Senior Claims Representative Enc release P.O. 6",,18219 Wo.t Palm Beach, FL 33416 '-561.640-\443 X202 Fexll1-661-6164449 \ VIII.-PUBLIC HEARING ITEM A. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meetinl! Dates in to City Clerk's Office MeetinlI Dates in to City Clerk's Office D December 6, 2005 November 14, 2005 (Noon.) [g] February 7, 2006 January 17, 2006 (Noon) D December 20, 2005 December 5, 2005 (Noon) D February 21,2006 February 6, 2006 (Noon) D January 3, 2006 December 19, 2005 (Noon) D March 7, 2006 February 21,2006 (Noon) -~ D D ~< January 17, 2006 January 3, 2006 (Noon) March 21, 2006 March 6, 2006 (Noon) c._ .,~. ~l;~ RECOMMENDATION: Please place this request on the February 7, 2006 City Commission Agenda under Public Hearing to be tabled to the February 21, 2006 meeting. This item was first tabled to the February 7th meeting to allow time for submittal of relevant sound information, and has now been further tabled to the February 21st Commission meeting as requested by the applicant. Staff will provide an update regarding the outstanding issues with the sound analysis, along with the original staff report and back-up, prior to the agenda deadline for the February 21st Commission meeting. EXPLANA nON: PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: Rapido Rabbit Carwash (COUS 05-004) Bradley Miller, AICP, Miller Land Planning Consultants, Inc. Boynton Properties, LLC, Anthony Pugliese III East side of Congress Avenue, approximately 275 feet north ofSW 30th Avenue Request for Conditional Use and Site Plan approval for a 4,595 square foot automated car wash facility and related site improvements on a 0.88-acre site zoned M-l, Industrial. PROGRAM IMPACT: FISCAL IMPACT: ALTERNATIVES: N/A N/A NIA ~~ City Manager's Signature .khl(l~/1\.R DrreloPnfnt Department Director v ~f~ ~ ~ctor City Attorney 1 Finance / Human Resources S:\Planning\SHARED\WP\PROJECTS\Rapido Rabbit\Agenda Item Request Rapido Rabbit Carwash.2 COUS 05-004 2.7-06.dot S,IBULLETlNIFORMSIAGENDA ITEM REQUEST FORM DOC .~..~. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM VIII.-PUBLIC HEARING ITEM B. Requested City Commission Date Final Form Must be Turned Meetinl!: Dates in to City Clerk's Office Requested City Commission MeetinlZ Dates Date Final Form Must be Turned in to City Clerk's Office 0 December 6, 2005 0 December 20, 2005 0 January 3, 2006 0 January 17,2006 November 14, 2005 (Noon.) ~ Febmary 7,2006 o February 21, 2006 o March 7, 2006 o January 17,2006 (Noon) December 5, 2005 (Noon) February 6, 2006 (Noon) December 19,2005 (Noon) February 21,2006 (Noon) January 3,2006 (Noon) NATURE OF AGENDA ITEM o Administrative ~ Consent Agenda o Public Hearing o Bids o Announcement o City Manager's Report March 21, 2006 March 6, 2006 (Noon) L~ :-,:"" -".. ""...... 0 Development Plans 0 New Business -'J :::;:;: 0 Legal r:;> :~jg; 0 Unfmished Business '..~:.> .,' ,:10 ''-'I 0 Presentation -r RECOMMENDATION: Please place this request on the February 7,2006 City Commission Agenda under Consent Agenda. The Community Redevelopment Agency Board recommended that this item be tabled to the February 14, 2006 Board meeting in conjunction with tabling of the corresponding conditional use request. If tabling is supported by the Commission, tabling should be date certain (e.g. February 28th Commission meeting) to maintain validity of current public notices. For further details pertaining to the request, see attached Department Memorandum No. PZ 06-003. EXPLANATION: PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: Little Achiever Learning Center (HTEX 06-001) Dave Beasley Stewart Davis Northwest comer of Northeast 11 th Avenue and Railroad Avenue Request for Height Exception approval to allow the proposed decorative cupolas on the roofofa one (I)-story building at a height of33 feet, eight (8) feet above the maximum height limit of25 feet for a daycare use within the Single-family and Two-family Residential (R-2) zoning district. PROGRAM IMPACT: FISCAL IMPACT: AL TERNA TIVES: 1Lr~ - City Manager's Signature L[.J ~ Planning and Zoni Ifector City Attorney I Finance I Human Resources S:\Planning\SHARED\WP\PROJECTS\Little Achievers\HTEX 06-00 1 \Agenda Item Request Little Achievers HTEX 06-001 2-7-06.dot S,IBULLETINIFORMSIAGENDA ITEM REQUEST FORM.DOC TO: THRU: FROM: DATE: PROJECT: REQUEST: DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 06-003 Chairman and Members Community Redevelopment Agency Michael Rumpf Director of Planning and Zoning Eric Lee Johnson, AICP fLt- Planner T/ January 4, 2006 Little Achievers / HTEX 06-001 Height Exception of Eight (8) feet PROJECT DESCRIPTION Property Owner: Applicant: Location: Existing Land Use: Existing Zoning: Proposed Use: Acreage: Adjacent Uses: North: South: East: Mr. Stewart Davis Mr. Stewart Davis Northwest corner of Northeast 11th Avenue and Railroad Avenue (see Exhibit "A" - Location Map) Medium Density Residential (MDR) Single-family and Two-family Residential (R-2) 6,097 square foot day care center 37,391 square feet (0.8S8-acres) Right-of-way for Northwest 12th Avenue, then farther north is a developed residential, classified Medium Density Residential (MDR) land use and zoned Single-family and Two-family Residential (R-2). To the northwest are partially developed residential lots, classified Medium Density Residential (MDR) and zoned Single-family and Two- family Residential (R-2); Right-of-way for Northwest 11th Avenue, then farther south is vacant property, classified Medium Density Residential (MDR) and zoned Single-family and Two-family Residential (R-2), still further south is vacant property, classified Local Retail Commercial (LRC) and zoned Neighborhood Commercial (C-2). To the southwest are developed residential lots, classified Medium Density Residential (MDR) and zoned Single-family and TWO-family Residential (R-2); Right-of-way for North Railroad Avenue, then farther east is right-of- Page 2 Memorandum No. PZ 06-003 way for the Florida East Coast railroad; and West: Partially developed residential lots, classified Medium Density Residential (MDR) and zoned Single-family and Two-family Residential (R-2). BACKGROUND The applicant submitted a request for conditional use / new site plan (CO US 04-007) approval for the construction of a 6,097 square foot day care center. Approval of the site plan is contingent upon the approval of this request for height exception. This application represents the applicant's request for an eight (8)-foot height exception. The maximum building height in the R-2 zoning district is 25 feet and the building cannot exceed two (2) stories. It should be noted that the single-family homes built within the R- 2 zoning district may be constructed up to 30 feet in height. The proposed daycare facility would be one (1) story tall and less than 25 feet in height, and therefore, would meet district's height limitation. However, the decorative cupolas proposed on top of the building would exceed 25 feet in height and therefore, would require the approval of a height exception. ANALYSIS Except for within the Central Business District (CBD), Mixed-Use Low (MU-L), and Mixed-Use High (MU-H) zoning districts, the standard citywide maximum building height is 45 feet. However, as previously mentioned, the R-2 zoning district limits single-family dwellings to 30 feet in height and multiple-family dwellings to 25 feet. The subject property lies within the R-2 zoning district and therefore, the maximum height of the proposed non-residential use would be limited to 25 feet. The Land Development Regulations, Chapter 2, Zoning, Section 4.F.3, Height Limitations and Exceptions, states that in considering an application for an exception to the district height regulation, the City Commission shall make findings indicating the proposed exception has been studied and considered in relation to minimum standards, where applicable. The building as shown on the elevations (see Exhibit "B'') Is not dimensioned but when scaled, appears to be less than 25 feet in height. Therefore, the proposed building complies with the maximum allowable building height in the R-2 zoning district. However, according to the applicant, the peak of the pitched roof (of the decorative cupolas) would be 33 feet in height and therefore, would require a height exception of eight (8) feet. Typically, roofs and parapet walls that conceal electrical and mechanical support systems are eligible to be considered for height exceptions. Likewise, decorative cupolas are structures eligible for height exceptions. In considering an application for exception to the district height regulations, the City Commission shall make findings indicating that the proposed exception has been studied and considered in relation to specific standards. One of these standards is measuring the effect or perceived impact, if any, that structure would have on neighboring properties. The exception would not have an adverse effect on the existing and proposed land uses. When evaluating potential negative impacts, among other criteria, staff is concerned with the distance separation between the structures (that require the height exception) to the nearest residential dwelling unit. The closest house to the subject property is the abutting property to the west. The site plan shows that the daycare building would be at least 10 feet from the west property line. Although the elevation pages do not indicate building dimensions, when scaled, it appears that the closest cupola would be setback approximately 36 feet from the western edge of the roof, which when translated, equals over 46 feet from the west property line. Page 3 Memorandum No. PZ 06-003 Therefore, the decorative cupolas would not negatively impact adjacent properties in terms of reducing light or air. The applicant states that, "the bell towers requested are of sufficient distance from any surrounding buildings as to not adversely affect light or air qualities in any way". Staff concurs. The height exception would not adversely effect property values in adjacent areas or adversely influence the living conditions in neighboring communities. The applicant states, "the area of the bell towers is a very small portion of the entire roof involved". The roof area for each cupola is 64 square feet and when combined, would amount to a total of 128 square feet or 2% of the entire roof. The decorative cupolas would serve no other purpose aside from aesthetic value and appeal. The building could function without the cupolas; however, the roof would be ordinary, and omission of the cupolas would be detrimental to the building's overall design. The applicant states that "this exception is necessary as a design element to portray the illusion of a bell tower as would appear on a schoolhouse". Granting of this height exception does not constitute a special privilege to the current property owner. Therefore, staff determined that the project meets the intent of all criteria itemized in Chapter 2, Section 4.F.3, of the Land Development Regulations. RECOMMENDATION Based on the analysis contained herein, staff recommends that this request for a height exception of eight (8) feet be approved for the decorative cupolas. The elevations shall be revised to indicate building height and dimensions. No other conditions of approval are recommended; however, any conditions of approval recommended by the Board or by the City Commission will be placed in Exhibit "C" - Conditions of Approval accordingly, S:\Planning\SHARED\ WP\PROJECTS\Litlle Achievers\HTEX 06-001 \Staff Report.doc LOCATION MAP Little Achievers Exhibit "A" . 200 100 0 , 200 400 600 800 'Feet N + If f~:~1 ~ lit ! r [lI ( ~ D l ~ ,- -". 6: , ~ i ~ f 1JI . ;..::1 H.:!~ F" (,t. ~ q~i L, 1. 0..' , , . . f -~ ~ ~ C:\ hq n I ~ l- & . f t . F {; t ,I ! ! , 8 'l:llt~~oI'f -Jr~ l' I I:; : : ,J/ [I Ii U I tM1I'....n70 Doe ....I.y -- f.:l,."=.~" ~..-'i ~i , N IS l'" Fn~ ~L\ ? ~ ~ l k t ~, ~ ~;1, 'l- ." tI 'j ,.;:: f g'! .,. ~ ..:; 64 ::J;.:t .. ! - , , I U ".""' I" " . ~ EXHIBIT B Iml I ElEEElI L. . ''TT'-e )\<HI",-" ~1N4~ ..- EXHIBIT B [lIJ , .r- ( 11 ~ !} ~ R ~pI ~ l" 1 ~ W ~ i 1'111 i i l" m ffiOO r m ~ ( I l': [I) ". E i ... ;1 'I' J- " '~ilU ~ II j I11I ~H < " 8 ~ # r' \l' ~ f .. ~ ~ ' r .. c,i~ f ~qf . I ""I! II ~ I!" I, lrg [I , t < " 1 . : , , f .~. h t. ~ 'iiJ i ] , t , . . , ~ 1 I . f ~ . . . f J ~ ~ ,. f ~ >r\;~, ~\i ~N~"<Ii ,- ~1 ~..,~ lIHu,.."7t D~.=.Y ~~"lt'A... l.,1Jt.1! ~\e""IL" L"'AL""Nc. CeNrerz. . EXHIBIT "C" Conditions of Approval Project name: File number: Little Achievers HTEX 06-001 I Reference: E evation drawinps with a November 22 2006 date staffiD markina. I DEPARTMENTS I INCLUDE I REJECT I I PUBLIC WORKS I I Comments: None X UTILITIES Comments: None X FIRE Comments: None X I Comments: None POLICE I I I X ENGINEERING DIVISION Cornments: None X BUILDING DIVISION Comments: None X I Comments: None PARKS AND RECREATION I I I X FORESTER/ENVIRONMENTALIST Comments: None X PLANNING AND WNING Comments: I. At the time of permitting, the elevation drawings shall indicate building dimensions X and height. ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD CONDITIONS Comments: 2. None X ADDITIONAL CITY COMMISSION CONDITIONS Connnents: 3. To be determined. S\PlanningISHAREDI WPIPROJECTSIUulc AchieversIHTEX 06-00 I leOA-doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Little Achievers Learning Center APPLICANT'S AGENT: Mr. Dave Beasley AGENT'S ADDRESS: 3570 Kitely Avenue Boynton Beach, FL 33436 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: February 7, 2006 TYPE OF RELIEF SOUGHT: Request for Height Exception approval of eight (8) feet to allow the decorative cupolas on the roof of a one (1 )-story building at a height of 33 feet in the Single-family and Two-family Dwelling (R-2) zoning district. LOCATION OF PROPERTY: Northwest corner of Northeast 11th Avenue and Railroad Avenue (see Exhibit "A"). DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Community Redevelopment Agency Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". 4. The Applicant's application for relief is hereby _ GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: City Clerk SIPlanning\SHARED\WPIPROJECTSILiltle Achievers\HTEX 06-001IDO.doc Meeting Minutes CRA Board Meeting Boynton Beach, Florida January 10, 2006 Samantha Simons, Delray Beach, asked about what other uses would be acceptable at this location. Michael Rumpf, Planning & Zoning Director, indicated schools and churches were the only other uses that came to mind, and they would have to follow the same process for approval as this case. There were not very many permitted uses either. Ms. Simons commented 11th Avenue was particularly narrow and she expressed concern about evacuating the children in case of fire. Mr. Rumpf said the Fire Department would take the most expeditious route and he was not certain it would be down that particular street. Ms. Simons said there was a great land and affordable housing shortage in Palm Beach County. She questioned whether a daycare was the best use for residentially zoned property in a multi- family area at a time when there was a desperate need to build houses. Did the City need another daycare center and was this the most appropriate location for it. Chair Heavilin closed the Public Audience when no one else came forward to speak. Motion Mr. Barretta moved to postpone consideration of the Conditional Use application of Little Achiever Learning Center until the Board's next regular meeting, to give staff and petitioner time to redesign the site plan. Vice Chair Tillman seconded the motion that passed 6-0. Heiqht Exceotion 2. Project: Little Achiever Learning Center {HTEX 06-001 Dave Beasley Stewart Davis Northwest corner of Northeast 11th Avenue and Railroad Avenue Request for Height Exception approval to allow the to allow the proposed decorative cupolas on the roof of a one (i)-story building at a height of 33 feet, eight (8) feet above the maximum height limit of 25 feet for a daycare use within the Single-family and Two-family Residential (R-2) zoning district Agent: Owner: Location: Description: Since the conditional use and height exception had to be addressed concurrently, and there were problems with the site plan, the Board decided to postpone both items to give staff and the petitioner time to revise the Plan, Motion Mr. Barretta moved to postpone consideration of the Height Exception for the Little Achiever Learning Center until the Board's next regular meeting, to give staff and petitioner time to redesign the site plan. Vice Chair Tillman seconded the motion that passed 6-0. 8 I,t, CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORl\'l VIlI.-PUBLlC HEARING ITEM C. Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned MeetinQ Dates in to City Clerk's Office Meetine Dates in to City Clerk's Office 0 December 6, 2005 November 14, 2005 (Noon.) r8J February 7, 2006 January 17,2006 (Noon) 0 December 20, 2005 December 5, 2005 (Noon) 0 February 21, 2006 February 6, 2006 (Noon) 0 January 3, 2006 December 19, 2005 (Noon) 0 March 7, 2006 February 21, 2006 (Noon) "I~-i 0 January 17,2006 January 3, 2006 (Noon) 0 March 21, 2006 March 6, 2006 (Noonx___ .. 0 Administrative 0 Development Plans 0 0 -;.J -, NATURE OF Consent Agenda New Business -~,.. AGENDA ITEM r8J Public Hearing 0 Legal r0 .-, '-r1C] -- - r'-l 0 Bids 0 Unfmished Business ')"" Ui -I ~.~ . C) 0 Announcement 0 Presentation ~.l_ 0 City Manager's Report RECOMMENDATION: Please place this request on the February 7,2006 City Conunission Agenda under Public Hearing. The Community Redevelopment Agency Board recommended that this request be tabled to the February 14, 2006 Board meeting to allow time for the staff and applicant to consider an alternative to the proposed dumpster location. If tabling is supported by the Conunission, tabling should be date certain (e.g. February 28th Conunission meeting) to maintain validity of current public notices. For further details pertaining to the request, see attached Department Memorandum No. PZ 05-256. EXPLANATION: PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: Little Achiever Learning Center (COUS 04-007) Dave Beasley Stewart Davis Northwest corner ofNorlheast 11 th Avenue and Railroad A venue Request for Conditional UselNew Site Plan approval for the construction of a 6,097 square foot daycare and related site improvements on a 37,391 square foot parcel in the Single-family and Two-family Residential (R-2) zoning district. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: NIA ~"~{~, ~'4~ " City Manager's Si ature Z-{)~- Planning and Zo Director City Attorney / Finance 1 Human Resources S:\Planning\SHARED\WP\PROJECTS\Little Achievers\COUS 04-D07\A.genda Item Request Little Achievers COUS 04-007 2-7-06.dot S,IBULLETlNIFORMSIAGENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 05-256 TO: Chair and Members Community Redevelopment Agency Board THRU: Michael Rumpf Director of Planning and Zoning FROM: Eric Lee Johnson, AICP Planner r/- DATE: January 5, 2005 PROJECT: Little Achievers Learning Center / COUS 04-007 REQUEST: Conditional Use / New Site Plan approval to construct a 6,097 square-foot day care center PROJECT DESCRIPTION Property Owner: Mr. Stewart Davis Applicant: Mr. Stewart Davis Agent: Mr. Dave Beasley Location: Northwest corner of Northeast 11th Avenue and Railroad Avenue (see Exhibit "AU - Location Map) Existing Land Use/Zoning: Medium Density Residential (MDR) / Single-family and Two-family Residential (R-2) Proposed Land Use/Zoning: No change proposed Proposed Use: 6,097 square foot day care center Acreage: 37,391 square feet (0.858-acres) Adjacent Uses: North: Right-of-way for Northwest 12th Avenue, then farther north is a developed residential, classified Medium Density Residential (MDR) land use and zoned Single-family and Two-family Residential (R-2). To the northwest are partially developed residential lots, classified Medium Density Residential (MDR) and zoned Single-family and Two-family Residential (R-2); Little Achievers - COUS 05-007 Page 2 Memorandum No. PZ 05-256 South: Right-of-way for Northwest 11th Avenue, then farther south is vacant property, classified Medium Density Residential (MDR) and zoned Single- family and Two-family Residential (R-2), still further south is vacant property, classified Local Retail Commercial (LRC) and zoned Neighborhood Commercial (C-2). To the southwest are developed residential lots, classified Medium Density Residential (MDR) and zoned Single-family and Two-family Residential (R-2). East: Right-of-way for North Railroad Avenue, then farther east is right-of-way for the Florida East Coast railroad; and West: Partially developed residential lots, classified Medium Density Residential (MDR) and zoned Single-family and Two-family Residential (R-2). BACKGROUND Mr. Dave Beasley, agent, is seeking conditional use / new site plan approval to construct a 6,097 square foot day care center on a 0.8S8-acre parcel in the R-2 zoning district. Pursuant to Chapter 2. Zoning, Section SA, day care businesses, and other selected non-residential uses are conditional uses in the R-2 zoning district. The proposed building (6,097 square feet), storage area (720 square feet), and rear patio and covered entry (120 square feet) would account for 16.3% lot coverage. Although the building is proposed as a one (i)-story structure, a portion of the roof exceeds the 2S-foot maximum height limitation of the zoning district. Therefore, approval of the site plan is contingent upon the approval of the accompanying request for height exception (see Exhibit "Cft - Conditions of Approval). The Traffic Division of Palm Beach County determined that the proposed project meets the Traffic Performance Standards of Palm Beach County. No building permits are to be issued after the 2008 build-out date. The planned purchase of up to S million gallons of potable water per day from Palm Beach County Utilities would supply potable water for this project (projection of a total of 2,900 gallons per day). Local piping and infrastructure improvements may be required for the project, dependent upon the final project configuration and fire-flow demands. These local improvements would be the responsibility of the site developer and would be reviewed at the time of permitting. Sufficient sanitary sewer and wastewater treatment capacity is currently available to serve the project total of 2,300 gallons per day, subject to the applicant making a firm reservation of capacity, following approval of the site plan (see Exhibit "Cft - Conditions of Approval). If approved, the construction of the building as well as all other site improvements would occur in one (1) phase. STANDARDS FOR EVALUATING CONDmONAL USES AND ANALYSIS Section 11.2.D of the Land Development Regulations contains the following standards to which conditional uses are required to conform. Following each of these standards is the Planning and Zoning Division's evaluation of the application as it pertains to each of the standards. The Community Redevelopment Agency Board and City Commission shall consider only such conditional uses as are authorized under the terms of these zoning regulations and, in connection therewith, may grant conditional uses absolutely or conditioned upon the conditions including, but not limited to, the dedication of property for streets, alleys, recreation space and sidewalks, as shall be determined necessary for the protection of the surrounding area and the citizens' general welfare, or deny Little Achievers - COUS 05-007 Page 3 Memorandum No. PZ 05-256 conditional uses when not in harmony with the intent and purpose of this section. In evaluating an application for conditional use approval, the Board and Commission shall consider the effect of the proposed use on the general health, safety and welfare of the community and make written findings certifying that satisfactory provisions have been made concerning the following standards, where applicable: 1. Ingress and egress to the subject property and proposed structures thereon, with particular reference to automobile and pedestrian safety and convenience, traffic fiow and control, and access in case of fire or catastrophe. The site plan (sheet S-l) shows that the project would have two driveway openings on Northeast 11'h Avenue. One (1) driveway opening would allow for vehicular ingress and the other would allow for vehicular egress. The easternmost opening, proposed at 22 feet in width, is where vehicles would enter the site. Vehicles would travel northward towards the building and then loop around to the westernmost driveway at Northeast 11th Avenue. This driveway opening (for egress) would be 20 feet in width. Vehicles leaving the site would have the option of both right-turn (west) and left- turn (east) traffic movements. A note on the site plan indicates that white traffic paint and directional arrows proposed on the asphalt parking lot and driveways would help to guide the motorists within the site. The proposed configuration and dimensions of drive aisles and parking areas would allow for on-site access of emergency and service vehicles. 2. Off-street parking and loading areas where required, with particular attention to the items in subsection above, and the economic, glare, noise, and odor effects the conditional use will have on adjacent and nearby properties, and the city as a whole. Day care centers require one (1) parking space per 300 square feet of gross floor area, plus adequate provision for a convenient drop-off area. The site plan requires a total of 21 parking spaces based on a ~097 square foot building. The site plan would provide 21 parking space~ including one (1) space designated for handicap use. All spaces would be dimensioned nine (g) feet in width by 18 feet in length except for the handicap space, which would be 12 feet in width with five (5) foot wide striping area by 18 feet in length. The vehicular backup area would be 24 feet in width for those areas where gO-degree parking stalls are proposed and 20 feet where the angled spaces are proposed. State law requires parents and / or authorized persons park their vehicle~ escort the child(ren) inside the day care center and sign the daily attendance log. No glare is expected from the development. The child playground area would be located to the rear of the site, northwest of the building. A six (6)-foot tall C.B.S. wall is proposed along the north and west property lines. No wall is proposed along the south and east property lines abutting the adjacent rights-ot-way. 3. Refuse and service areas, with particular reference to the items in subsection 1 and 2 above. The subject site is an odd-shaped parcel that does not allow much flexibility in terms of designing for trash removal and large vehicles. The site plan proposes a dumpster enclosure along the east property line. As propose~ its location, orientation, and angle would facilitate the convenient and efficient removal of trash. Trucks would never enter the site; they would access the dumpster enclosure directly from Railroad Avenue. The gates to the enclosure would remain closed to hide the dumpster from vehicles traveling on Railroad Avenue. Staff acknowledges that the proposed design is atypical. However, staff and applicants regulariy collaborate to find the optimum waste removal Little Achievers - COUS 05-007 Page 4 Memorandum No. PZ 05-256 solution that would best minimize the view of the dumpster from adjacent properties (from an off- site perspective), facilitate the removal of trash in an efficient manner, while considering the safety of motorists, pedestrians and in this case, small children, during the waste removal process. Due to the on-site circulation restrictions affecting large sanitation equipment and the associated backing movements, it was determined the proposed location (along Railroad Avenue) would be the safest and best solution. Staff has required appropriate landscaping to assist in the screening of the dumpster enclosure. 4. Utilities, with reference to locations, availability, and compatibility. Consistent with Comprehensive Plan policies and city regulations, all utilities, including potable water and sanitary sewer are available for this project (see ''Background'' section above). 5. Screening, buffering and landscaping with reference to type, dimensions, and character. The site plan tabular data indicates over 61% (22,654 square feet) of the subject site would be pervious surface. However, it should be noted that the pervious surface would be divided into two different (2) categories, namely, "mulch playground area" and "remaining landscape area'~ The mulch playground area would be 10,000 square feet and the remaining landscape area would be 12,654 square feet or 33.8% of the total site. No landscape tabular data was indicted on the landscape plan (sheet S-2). According to Chapter 2, Section l1.C, a minimum buffer width of five (5) feet and a landscape barrier shall be required for all parking and vehicle use areas, and outdoor recreation areas that abut single-family zoning districts. The subject property is not located within a single-family zoning district and therefore, this buffer width is not a requirement. Nonetheless, as part of the conditional use process, staff wants to ensure that the surrounding residential properties are properly buffered from the outdoor playground area. As previously mentioned, the site plan proposes a six (6)-foot tall CBS wall around the north and west property lines, which buffers the playground from any residential properties. The landscape plan proposes clusters of two Silver Buttonwood hedges on the outside of the wall. This would be useful in creating a lower-level buffer. However, no trees are proposed along these property lines. To offset potential impacts, staff recommends creating a landscape barrier along these aforementioned property lines (see Exhibit "c" - Conditions of Approval). A landscape barrier is defined as a near solid element combining a wall and / or natural vegetation intended to block all direct and reasonable views to a given use. The landscape barrier shall be comprised of the wall and various tree species planted tip-to-tip in two or more staggered rows, and shall include species such as Southern Red Cedar, Silver Buttonwood, Dahoon Holly, Blolly, Palatka Holly, Redbay, Sweet Bay, Southern Coastal Willow, Sweet Acacia, Spanish Stopper, Geiger Tree, Cherry Laurel, Yaupon, Black Ironwood, Lancewood, Coffee Colubrina, Crabwood, Wild Lime, Willow Bustie, Torchwood, or other tree species found compatible by staff. Landscape buffers adjacent to rights-of-way should be at least seven (7) feet in width (Chapter 7.5, Article II, Section 5.0.). Although not dimensioned on the site plan, when scaled, it appears that the east and south landscape buffers (adjacent to Railroad Avenue and Northeast 11th Avenue) would be at least seven (7) feet in width. These buffers would contain Foxtail palm trees and a row of Silver Buttonwood hedges. However, staff recommends installing the palm trees in clusters of three (3) and at a spacing of at least one (1) cluster per 20 linear feet in the east and south landscape buffers (see Exhibit "c" - Conditions of Approval). Little Achievers - COUS 05-007 Page 5 Memorandum No. PZ 05-256 6. Signs, and proposed exterior lighting, with reference to glare, traffic safety, economic effect, and compatibility and harmony with adjacent and nearby properties. A monument sign is proposed at the southeast corner of the site. The site plan shows it would be located within the center of the buffer. According to Chapter 21, Article IV, Section LB., the sign face may not exceed 32 square feet in area and the structure must be setback 10 feet from all property lines (see Exhibit "C" - Conditions of Approval). The sign elevation (on the attached sheet) shows that the structure would be six (6) feet in height and 10 feet in width. As noted and made as a condition of approval, this sign must be reduced to 32 square feet in area. It would have a yellow background color and white raised stucco banding along its edges. The color of the sign letters is not indicated on the attached sheet but they appear to be green. The elevations do not show any wall signage. No photometric plan was provided with this submittal but would be required at the time of permitting. 7. Required setbacks and other open spaces. The R-2 zoning district requires a front building setback of 25 feet. The site plan shows that the building would be setback 58 feet from the south (front) property line. The R-2 zoning district also requires a side setback of 10 feet, a side corner setback of 25 feet, and a rear setback of 25 feet. The proposed building would be setback 10 feet from the side (west) property line, 35 feet from the side corner (east) property line, and 32 feet from the rear (north) property line. Therefore, the proposed building would meet all setback requirements of the R-2 zoning district and comply with code. As previously mentioned the site would be developed with over 61 % of land area allocated for landscaping / open spaces. The size of the outdoor playground area is regulated by the State of Florida. 8. General compatibility with adjacent property and other property in the zoning district. The Land Development Regulations were recently changed to enhance the buffering between non- residential uses within single-family residential zoning districts. However, those regulations do not apply to this particular parcel because it is located within the R-2 zoning district. In general, with the incorporation of staff's comments related to project buffering, the proposed use would be compatible with the adjacent residentially-zoned property. Furthermore, the building is designed to resemble a single-family detached home. It should be noted that the colored elevations (which will be on display at the public hearings) show that the structure would be adorned with green shutters and decorative window framing. Also, the colored elevations indicate that the building would have green Spanish ''5'' tile roofing material. However, no paint manufacturers name or color codes are indicated on the elevations submitted within this packet Therefore, the elevation pages shall be revised to include this information at the time of permitting (see Exhibit "C" - Conditions of Approval). Staff understands the building would be painted yellow (Sherwin Williams Optimistic Yellow - SW# 6900) and highlighted with white accents (Sherwin Williams Ceiling Bright White - SW# 7070). However, the yellow color shown on the colored elevations (for the main wall color) does not match the corresponding color swatch. The Sherwin Williams Optimistic Yellow paint swatch, which is proposed as the main wall color, appears Little Achievers - CO US 05-007 Page 6 Memorandum No. PZ 05-256 to be a lighter shade of yellow that than the color depicted on the colored elevations. This lighter shade of yellow is attractive and would be acceptable to staff. 9. Height of building and structures, with reference to compatibility and harmony to adjacent and nearby properties, and the city as a whole. The elevations do not indicate the height dimensions but show that the building would be designed as a one (1) story structure. The maximum allowable building height in the R-2 zoning district is 25 feet. When scaled, the peak of the roof would be less than 25 feet in height, which would comply with code. However, the dimension of the decorative cupolas on top of the roof appear to reach as high as 33 feet in height, which would exceed the maximum allowable height of the R-2 zoning district by eight (8) feet. Decorative cupolas are architectural elements that are eligible to be considered for height exceptions. As such, the applicant submitted a request for an eight (8) foot height exception (HTEX 006-001). Therefore, approval of this site plan would require approval of the corresponding request for height exception (see Exhibit "C" - Conditions of Approval). Staff is recommending approval of the height exception request (see accompanying staff report PZ 06-003). 10. Economic effects on adjacent and nearby properties, and the city as a whole. According to the applicant, the economic impact on the neighborhood and the City is absolutely positive. The tax base of the City is increased by a property that is a good neighbor to the surrounding areas. According to the City's Occupational License Division, the closest daycare to the subject property is Treasure Chest, located at 101 Northeast gh Avenue on the east side of North Seacrest Boulevard. The subject property is located more than 2000 feet away from the Treasure Chest, and thus, complies with the minimum separation distance between daycare businesses. Staff is hopeful that the close proximity between the two (2) daycares would not create a conflict and that the new facility would offer additional convenience to those with children residing the immediate and outlying areas. 11. Conformance to the standards and requirements, which apply to site, plans, as set forth in Chapter 19, Article II of the City of Boynton Beach Code of Ordinances. (Part III Chapter 4 Site Plan Review). With incorporation of staff comments noted within Exhibit "C' - Conditions of Approval the proposed project would comply with all requirements of applicable sections of city code and Land Development Regulations. 12. Compliance with, and abatement of nuisances and hazards in accordance with the performance standards within Section 4.N. of the Land Development Regulations, Chapter 2; also, conformance to the City of Boynton Beach noise Control Ordinance. With incorporation of all conditions and staff recommendations contained herein, the proposed building and use would exist in a manner that is in compliance with the above-referenced codes and ordinances of the City of Boynton Beach. The project would not create smoke, odors, fumes, or toxic matter that would negatively impact the neighboring properties. It would be atypical for a business such as this, to violate the City's performance standards. Little Achievers - CO US 05-007 Page 7 Memorandum No. PZ 05-256 RECOMMENDATION Based on the information contained herein, compliance with development regulations, and consistency with the Comprehensive Plan, staff recommends that this request for conditional use be approved subject to satisfying all conditions of approval as contained in Exhibit "Cn - Conditions of Approval. Furthermore, pursuant to Chapter 2 - Zoning, Section 11.2 Conditional Uses, a time limit is to be set within which the proposed project is to be developed. Staff recommends that a period of one (1) year be allowed to initiate this project. S:\Planning\SHARED\WP\PROJECfS\Little Achievers\COUS 04-007\Staff Report.doc LOCATION MAP Little Achievers Exhibit "An . 200 100 0 , 200 400 600 800 'Feet N + , I I .,,- tH1 ~liJ .,1. il~~~ U' l~, I ~ ~ 1111 ;, l ~ 1 M , 1 . , 8'_ ~" ~ -1 " ~~ ~ '{z- 1l'.1_ ~ .,,- ~ 1" ~ { ro 5~ 1:\ ~. r:;, lJ~r .1' ,m r i> . ~ II- ~ ! i < , ~ -\ ,- .'\ {. II --H 1. ~o;. . " lJ u. "' ~ . 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'( ") L\l ': ~~ ;L . {;l ,~ ;, <J -; \f~ 3i :..J <1 \\1 l. y--- j EXHIBIT . " '\ . EXHBIIT"C" Conditions of Approval Project name: Little Achievers Learning Center File number: COUS 04-007 Reference: 2nd review plans identified as a with a November 22, 2006 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS - General Comments: None X PUBLIC WORKS - Traffic Comments: None X ENGINEERING DIVISION Comments: 1. Show all existing utilities on Site Development plan (LDR, Chapter 4, X Section 7.A.3). 2. Show proposed site lighting on the site plan and landscape plans (Chapter 4, X Section 7.BA.). Staff recommends providing the photometries as part of your TRC plan submittals. 3. Landscaped areas shall be protected from vehicular encroachment by a X continuous, raised curb (Chapter 7.5, Article II, Section 5.A. and Chapter 22, Article II, Section E.). 4. Sidewalks adjacent to parking lots shall be continuous through all driveways X and shall be 6 in. thick within drivewavs (Chapter 23, Article II, Section P). 5. Provide an engineer's certification on the Drainage Plan as specified in LDR, X Chapter 4, Section 7.F.2. 6. Full drainage plans, including drainage calculations, in accordance with the X LDR, Chapter 6, Article IV, Section 5 will be required at the time of permitting. UTILITIES Comments: 7. No utility plan was included m this submittal, therefore this plan IS X incomplete as submitted. However, the proposed Site Plan is an existing site located within the Utilities' service area, and is located where utility support is available. Weare providing only a cursory review of the proposed site plans as submitted at this time. Additional comments may be required after a COA 01/06/06 2 DEPARTMENTS INCLUDE REJECT utility plan has been submitted. 8. All utility easements shall be shown on the site plan and landscape plans (as X well as the Water and Sewer Plans) so that we may determine which appurtenances, trees, or shrubbery may interfere with utilities. In general, palm trees will be the only tree species allowed within utility easements. Canopy trees may be planted outside of the easement so that roots and branches will not impact those utilities within the easement in the foreseeable future. The LDR, Chapter 7.5, Article I, Section 18.1 gives public utilities the authority to remove any trees that interfere with utility services, either in utility easements or public rights-of-way. 9. Palm Beach County Health Department permits may be required for the water X and sewer systems serving this proiect (CODE, Section 26-12). 10. Fire flow calculations will be required demonstrating the City Code X requirement of 1,500 g.p.m. (500 g.p.m. some residential developments) with 20 p.s.i. residual pressure as stated in the LDR, Chapter 6, Article IV, Section 16, or the requirement imposed by insurance underwriters, whichever is greater (CODE, Section 26-16(b)). 11. The LDR, Chapter 6, Article IV, Section 16 requires that all points on each X building be within 200 feet of an existing or proposed fire hydrant. Please demonstrate that the plan meets this condition. 12. Water and sewer lines to be owned and operated by the City shall be included X within utility easements. Please show all proposed easements on the engineering drawings, using a minimum width of 12 feet. The easements shall be dedicated via separate instrument to the City as stated in CODE Sec. 26-33(a). 13. The LDR, Chapter 3, Article IV, Section 3.0 requires Master Plans to show X all utilities on or adjacent to the tract. The plan must therefore show the point of service for water and sewer, and the proposed off-site utilities construction needed in order to service this proiect. 14. Appropriate backflow preventer will be required on the domestic water X service to the building, and the fire sprinkler line if there is one, in accordance with CODE Sec. 26-207. FIRE Comments: 15. Indicate the new hydrant location on the site plan at the time of permitting. X POLICE COA 01/06/06 3 , DEPARTMENTS INCLUDE REJECT Comments: None X BUILDING DIVISION Comments: 16. Buildings, structures and parts thereof shall be designed to withstand the X minimum wind loads of 140 mph. Wind forces on every building or structure shall be determined by the provisions of ASCE 7, Chapter 6, and the provisions of 2001 FBC, Section 1606 (Wind Loads). Calculations that are signed and sealed by a design professional registered in the state of Florida shall be submitted for review at the time of permit application. 17. At time of permit review, submit signed and sealed working drawings of the X proposed construction. 18. CBBCPP 3.C.3.4 requires the conservation of potable water. City water may X not, therefore, be used for landscape irrigation where other sources are readily available. 19. A water-use permit from SFWMD is required for an irrigation system that X utilizes water from a well or body of water as its source. A copy of the permit shall be submitted at the time of permit application, F.S. 373.216. 20. If capital facility fees (water and sewer) are paid in advance to the City of X Boynton Beach Utilities Department, the following information shall be provided at the time of building permit application: a. The full name of the project as it appears on the Development Order and the Commission-approved site plan. b. The total amount paid and itemized into how much is for water and how much is for sewer. (CBBCO, Chapter 26, Article II, Sections 26-34) 21. At time of permit review, submit separate surveys of each lot, parcel or tract. X For purposes of setting up property and ownership in the City computer, provide a copy of the recorded deed for each lot, parcel or tract. The recorded deed shall be submitted at time of permit review. 22. Pursuant to approval by the City Commission and all other outside agencies, X the plans for this project must be submitted to the Building Division for review at the time of permit application submittal. The plans must incorporate all the conditions of approval as listed in the development order and approved bv the City Commission. 23. The full address of the project shall be submitted with the construction X documents at the time of permit application submittal. If the project is multi- family, then all addresses for the particular building type shall be submitted. The name of the proiect as it appears on the Development Order must be COA 01/06/06 4 , DEPARTMENTS INCLUDE REJECT noted on the building permit application at the time of application submittal. 24. Show the proposed site lighting on the site and landscape plans. (LRD, X Chapter 4, Section 7.B.4) If possible, provide photo metrics as part of your TRC plan submittals. 25. Minimum corridor width shall be 72" per the 2001 FBC, Table 1004 and X FFPC, Section 14.2.3.2. 26. The facility shall comply with all the requirements of the FFPC, Chapters 7- X 10. 27. The occuoancy load of all rooms shall be shown oer 2001 FBC, Table 1003. X 28. All public and common use toilet rooms shall be handicap accessible per the X 2001 FBC, Section 11-4.1.3(1 I) 29. Indicate the grade levels and ages of the students, the total number of students X and the number of hours per dav and week that the facilitv will operate. 30. Drinking fountains are required per the 2001 FBC, Plumbing, Table 4031 and X shall be accessible for handicap use per the 2001 FBC, Section 11- 4.1.3(10(A). PARKS AND RECREATION Comments: 31. At the time of permitting, identify the trees that will remain in the child play X area. FORESTER/ENVIRONMENTALIST Comments: 32. The Landscape Architect should identify by species and indicate the caliper X inches of all of the existing trees on the site. Show all existing trees on the site to be preserved in place, relocated on site, or removed I replaced on site. All existing trees must be preserved in place or relocated rather than removed if the trees are in good health. These trees should be shown as a separate symbol on the landscape plan sheet. 33. At the time of permitting, submit an irrigation plan designed with low-flow X for water conservation purposes. 34. In the design, all shade and palm trees should receive irrigation from a X bubbler source (Chaoter 7.5, Article II Sec. 5.A.). COA 01/06/06 5 DEPARTMENTS INCLUDE REJECT 35. Turf areas should be limited in size. Landscape (bedding plants) areas should X be designed on separate low-flow zones with proper time duration for water conservation (Chanter 7.5, Article II Sec. 5. C.2.). PLANNING AND ZONING Comments: 36. Approval of the building (as proposed) is contingent upon the approval of the X accomtlanving reauest for height excetltion CHTEX 06-001). 37. This project requires conditional use approval. Staff recommends that a X tleriod of one 0) vear be allowed to obtain a building tlermit for this tlroiect. 38. Submit colored elevations of all four (4) building facades at the Community X Redevelopment Board meeting (Chapter 4, Section 7.D.). These elevations will be on distllav at the tlublic hearings. 39. All building elevations, including the cabana, should indicate paint X manufacturer's name and color codes (Chapter 4, Section 7.0.). Provide tlaint swatches for the elevations. Staff recommends using a color schedule. 40. All slgnage [S subject to review and approval of the Community X Redevelopment Agency and City Commission. The proposed outdoor freestanding monument sign must be setback a minimum of 10 feet from the property line. The monument sign may not exceed six (6) feet in height or be more than 32 souare feet in area (Chatlter 21, Article IV, Section I.B.). 41. The landscape buffer adjacent to Northeast II th Avenue and Railroad Avenue X (abutting the proposed parking lot) rights-of-way shall be seven (7) feet in width and contain two layers of plant material. The first layer shall be a combination of colorful groundcover plants and a minimum of two colorful shrub species planted in a continuous row. The next layer shall consist of a continuous hedge or decorative site wall. The continuous hedge (2'd layer) shall be a minimum of 24 inches in height, 24 inches in spread and planted with tip-to-tip spacing immediately after planting. This hedge shall be maintained at four (4) feet (Chanter 7.5, Article II, Section S.D.). 42. All trees shall be at minimum 12 feet overall height and 3 caliper inches when X n1anted (Chanter 7.5, Article II, Section 5.C.2.). 43. All above ground mechanical equipment such as exterior utility boxes, X meters, transformers, and back-flow preventers shall be visually screened with appropriate landscaping I hedge material. Place a note on either the site plan or landscane nlan indicatinl! this reauirement (Chanter 9, Section 10.CA.). 44. Provide a detail of the six (6) -foot high buffer walls. The wall must be X COA 01106/06 6 DEPARTMENTS INCLUDE REJECT setback at least two (2) feet from the property line (Chapter 2, Section 4.L.). This setback is to allow for a minimum of two (2) hedge plants placed on the outside of the wall and spaced every 10 lineal feet (Chapter 7.5, Article II, Section 2.B.3.b). A row of shrubs placed on the outside of the wall would be acceptable as well. The wall shall be constructed prior to the issuance of the certificate of occupancy for the building. Staff recommends that the perimeter wall have decorative caps and columns uniformly spaced. 45. To offset potential impacts, staff recommends creating a landscape barrier X along the north and west property lines. A landscape barrier is defined as a near solid element combining either a wall and I or natural vegetation, which is intended to block all direct and reasonable views to a given use. In this case, the landscape barrier shall be comprised of the wall and various tree species planted tip-to-tip in two or more staggered rows, and shall include species such as Southern Red Cedar, Silver Buttonwood, Dahoon Holly, Blolly, Palatka Holly, Redbay, Sweet Bay, Southern Coastal Willow, Sweet Acacia, Spanish Stopper, Geiger Tree, Cherry Laurel, Yaupon, Black Ironwood, Lancewood, Coffee Colubrina, Crabwood, Wild Lime, Willow Bustic, Torchwood, or other tree species found comoatible bv staff. 46. Staff recommends installing the Foxtail palm trees in clusters of three (3) and X each cluster should be spaced apart every 20 linear feet along the east and south orooertv lines. 47. CRA staff recommends reducing the height of the freestanding outdoor X lightinl! ooles and selecting a design that is more residential than commercial. COMMUNITY REDEVELOPMENT AGENCY COMMENTS: Comments: 48. None X CITY COMMISSION COMMENTS: Comments: 49. To be determined. MWR/elj S.\PlanningISHAREDlWP\PROJECTSILittle AchieverslCOUS 04.007\COA.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Little Achievers Learning Center APPLICANT'S AGENT: Mr. Dave Beasley AGENT'S ADDRESS: 3570 Kitely Avenue Boynton Beach, FL 33436 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: February 7, 2006 TYPE OF RELIEF SOUGHT: Request conditional use I new site plan approval for the construction of a 6,097 square foot day care facility on a 37,391 square foot parcel in the Single-family and Two-family Dwelling (R-2) zoning district. LOCATION OF PROPERTY: Northwest corner of Northeast 11th Avenue and Railroad Avenue (see Exhibit "A"). DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Community Redevelopment Agency Board, which Board found as follows: OR X THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". 4. The Applicant's application for relief is hereby _ GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order 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\PlanningISHAREDlWPIPROJECTSILittle AchieverslCOUS 04-007\DO,doc Meeting Minutes CRA Board Meeting Boynton Beach, Florida January 10, 2006 Ms. Horenburger asked about the dumpster on the side of the building. Ms. Rivers said the dumpster had been in place since the Park was built. The City could assure the dumpster was emptied regularly, especially after an event. Mr. Stump indicated the City could also advise caterers and renters they were responsible for taking any food waste with them when they left the premises. The City was concerned about the residents and was willing to sit down with them to see what could be worked out. Mr. DeMarco was concerned about insufficient parking since there were only 73 parking spaces. Ms. Rivers responded there was a large green area adjacent to Federal Highway that could be used for overflow parking if necessary and it would hold 50 vehicles and more if it were striped. The upper rental room would accommodate 100 people when set up theater style. The programs downstairs would usually be limited to 15-25 people at one time. Motion Vice Chair Tillman moved to approve the Major Site Plan Modification for Intracoastal Pavilion (MSPM 05-013). Mr. Myott seconded the motion that passed 6-0. New Business A. Conditional Use 1. Project: Little Achiever Learning Center (CaUS 04-007) Dave Beasley Stewart Davis Northwest corner of Northeast 11th Avenue and Railroad Avenue Request for Conditional Use/New Site Plan approval for the construction of a 6,097 square foot daycare and related site improvements on a 37,391 square foot parcel in the Single-family and Two-family Residential (R-2) zoning district. Agent: Owner: Location: Description: Eric Johnson, Planner, presented the staff report. Points of ingress and egress were provided along N.E. 11th Avenue, Parking would occur in front and to the rear of the property. A playground would be located on the northwest corner of the property. A dumpster would be located along Railroad Avenue, which was not an ideal location, but was the only place this site plan could accommodate the dumpster in the interior of the site. The gates to the dumpster would be closed at all times except during trash removal. A height exception would be required to accommodate the decorative cupolas that extended 8 feet above the 25 feet allowed in an R- 2 zoning district. Approval of the site plan was contingent upon approval of the height exception. Staff recommended approval of the project dependent on meeting the conditions of approval and approval of the height exception. Mr. Johnson pointed out condition of approval #38 could be deleted because they provided a color rendering. The words "including the cabana" should be stricken in condition #39. The rest of condition #39 should be changed to read: "All building 6 Meeting Minutes eRA Board Meeting Boynton Beach, Florida January 10, 2006 elevations should indicate paint manufacturers name and color codes. Staff recommends using a color schedule." The color rendering provided was displayed. The paint swatches were not exactly as shown. Staff reviewed the paint swatches and found them to be acceptable, but staff would not be in favor of using a color as yellow as the one shown on the displayed rendering. The Board was very much against the location of the dumpster along Railroad Avenue, a road thought to be smaller than standard at best. Emptying the dumpster would completely block the road and negatively impact the surrounding residents. The Board was reminded it had already approved a similar dumpster set-up in the Gulfstream Gardens facing Old Dixie Highway. There were other concerns about the desirability of having a daycare at this location in general since it was near the railroad tracks and commercial trucks and close to a strip club. Motion Ms. Horenburger moved to table the item until the petitioner could devise a plan that relocated the dumpster away from Railroad Avenue. Vice Chair Tillman seconded the motion. Chair Heavilin preferred to hear from the applicant instead of tabling the item. Board Attorney Spillias commented a date certain should be included in the tabling motion. Ms. Horenburger and Vice Chair Tillman agreed to set a time certain of the Board's next meeting on February 14, 2006. The motion failed 2-4, Chair Heavilin, and Messrs. Barretta, DeMarco and Myott dissenting. Vivian Brooks, CRA Planner, did not see any major issue with the dumpster because it would be screened from the street and from the project itself. The proposed lighting was of a commercial style and height and she did not believe it was compatible with the adjacent single or multi- family neighborhood. She had asked the petitioner to change this. Mr. Myott asked if rollout trash removal were an option. He believed the daycare could be served by a few residential containers and completely eliminate the dumpster. Michael Rumpf, Planning & Zoning Director, responded to a question from the Board for an explanation of the dumpster issue. Mr. Rumpf said he could not speak for Public Works, who were not represented at the meeting, but he was sure extensive discussion had taken place about it. Also, Public Works had experience with other daycare centers and were very familiar with the types of waste daycares produce: diapers, food, and so forth. Mr. Rumpf did not know how adamant Public Works was about the necessity of a dumpster. David Beasley, agent for owner, also believed regular containers would be sufficient. Mr. Beasley then responded to concerns about safety, saying the Board had previously approved the Charter School across the street from the proposed daycare, and the dumpster location had been similar. He believed it was in the same proximity to the railroad tracks, traffic, and strip club. Another daycare center was on the corner of Seacrest Boulevard and 5th Avenue, with much more traffic than the proposed daycare. The children in daycares were supervised and in a fenced area all the time. A train came along much less frequently than a car. He did not see the location as a major safety deterrent. The proposed daycare was, in his mind, in a better location for safety and traffic than most other daycares in Boynton Beach. 7 Meeting Minutes CRA Board Meeting Boynton Beach, Florida January 10, 2006 Samantha Simons, Delray Beach, asked about what other uses would be acceptable at this location. Michael Rumpf, Planning & Zoning Director, indicated schools and churches were the only other uses that came to mind, and they would have to follow the same process for approval as this case. There were not very many permitted uses either. Ms. Simons commented 11th Avenue was particularly narrow and she expressed concern about evacuating the children in case of fire. Mr. Rumpf said the Fire Department would take the most expeditious route and he was not certain it would be down that particular street. Ms. Simons said there was a great land and affordable housing shortage in Palm Beach County, She questioned whether a daycare was the best use for residentially zoned property in a multi- family area at a time when there was a desperate need to build houses. Did the City need another daycare center and was this the most appropriate location for it. Chair Heavilin closed the Public Audience when no one else came forward to speak. Motion Mr. Barretta moved to postpone consideration of the Conditional Use application of Little Achiever Learning Center until the Board's next regular meeting, to give staff and petitioner time to redesign the site plan. Vice Chair Tillman seconded the motion that passed 6-0. Heiqht Exceotion 2. Project: Little Achiever Learning Center {HTEX 06-001 Dave Beasley Stewart Davis Northwest corner of Northeast 11th Avenue and Railroad Avenue Request for Height Exception approval to allow the to allow the proposed decorative cupolas on the roof of a one (1 )-story building at a height of 33 feet, eight (8) feet above the maximum height limit of 25 feet for a daycare use within the Single-family and Two-family Residential (R-2) zoning district Agent: Owner: Location: Description: Since the conditional use and height exception had to be addressed concurrently, and there were problems with the site plan, the Board decided to postpone both items to give staff and the petitioner time to revise the Plan. Motion Mr. Barretta moved to postpone consideration of the Height Exception for the Little Achiever Learning Center until the Board's next regular meeting, to give staff and petitioner time to redesign the site plan. Vice Chair Tillman seconded the motion that passed 6-0. 8 w '}. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM IX. - CITY MANAGER'S REPORT ITEM A Requested City Commission Meet!"!! Dates Date Final Form Must be Turned in to City Clerk's Office Requested City Commission Meetine Dates Date Final Form Must be Turned in to City Clerk's Office 0 December 6, 2005 0 December 20, 2005 0 January 3, 2006 0 January 17, 2006 November 14, 2005 (Noon.) [2:J February 7, 2006 o February 21,2006 o March 7, 2006 o March 21, 2006 January 17,2006 (Noon) December 5, 2005 (Noon) February 6, 2006 (Noon) December 19, 2005 (Noon) February 21, 2006 (Noon) ._, January 3, 2006 (Noon) March 6, 2006 (Noon) NATURE OF AGENDA ITEM o Administrative o Consent Agenda o Public Hearing o Bids o Announcement [2:J City Manager's Report ;'-.) 0 Development Plans I~. ' 1 0 New Business --::1 0 Legal 0 Unfinished Business 0 Presentation " , ',,(::0 .~,'r, .) ~.~ '1,:; RECOMMENDATION: Please place this request on the February 7,2006 City Commission Agenda under City Manager's Report, to allow for the presentation by Michele Mellgren, Planning Consultant, on the M-1 Zoning Study. The City Commission requested this presentation of the fmal product in preparation for the implementation stage of the project. EXPLANATION: The City Commission approved NO! 2005-01 on April19, 2005. This action included the approval of the corresponding resolution (Resolution No. 05-060) and a 6-month time period for a consultant to study the M-1 zoning district as described in the NO!. The NO! has been subsequently extended allowing for the completion of the report and corresponding implementation tasks. A final report has been provided by the consultant, Michele Mellgren and Associates, and staff is finalizing the implementation plan and initiating the drafting of related code amendments. The report includes recommendations that address the preservation of industrial lands, alternative zoning options for industrial uses, currently demanded industria11and uses, compatibility with roadway corridors and adjacent neighborhood, and non- conforming site characteristics. PROGRAM IMPACT: FISCAL IMPACT: ALTERNATIVES: City Manager's Signature ., \ ~~W -r ~ Panning and Zo~ irector City Attorney / Finance I Human Resources S:\P1anning\SHARED\WP\SPECPROJ\Zoning in Progress\NOI 2005-01 \Agenda Item Request - Feb 7,06 - M.l Report presentation.dot S,IBULLETIN\FORMSIAGENDA ITEM REQUEST FORM.DOC ct. lelI. - LEGAL ITEM A.I 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 Meetine Dates in to City Clerk's Office 0 December 6. 2005 November 14, 2005 (Noon.) [;gJ February 7, 2006 January 17,2006 (Noon) 0 December 20, 2005 December 5, 2005 (Noon) 0 February 21, 2006 February 6, 2006 (Noon) 0 January 3, 2006 December 19, 2005 (Noon) 0 March 7, 2006 February 21, 2006 (Noon) 0 January 17, 2006 January 3, 2006 (Noon) 0 March 21, 2006 March 6, 2006 (Noon) 0 Administrative 0 Development Plans NATURE OF 0 Consent Agenda 0 New Business AGENDA ITEM 0 Public Hearing [;gJ Legal 0 Bids 0 Unfmished Business 0 Announcement 0 Presentation 0 City Manager's Report RECOMMENDATION: Adoption of Ordinance on Second Reading EXPLANATION: The City Commission has discussed amending procedures for Commission review of Land Development matters and eliminating the procedure which places the review of Land Development approvals by Advisory Boards on the City Commission's Consent Agenda. The proposed Ordinance provides for a second public reading of the Ordinance implementing these changes and corrects the timing of the Commission Meeting at which Development Orders shall be reviewed by the Commission to the second regular Commission meeting following action by the Advisory Boards. PROGRAM IMPACT: None FISCAL IMPACT: None ALTERNATIVES: No change in which case Land Development matters will move to the Commission Consent agenda as is the current practice. .~ ~ DepartmenlH:ead's Siguature City Manager's Signature t II '( A T T ere: I~'L: V Department Narfe City Attorney I Finance I Human Resources S:IBULLETlN\FORMSIAGENDA ITEM REQUEST FORM.DOC II 1 2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 ORDINANCE NO. 06- 0/3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA AMENDING LAND DEVELOPMENT REGULATIONS, CHAPTER 1.5 "PLANNING AND DEVELOPMENT GENERALLY", SECTION 4-3 AMENDING PROCEDURES FOR C011MISSION REVIEW OF LAND DEVELOP11ENT l\1ATTERS AND ELIMINATING THE PROCEDURE WHICH PLACES THE REVIEW OF LAND DEVELOPMENT APPROVALS BY ADVISORY BOARDS ON THE CITY C011MISSION'S CONSENT AGENDA; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. 19 WHEREAS, the City Commission, upon recommendation of the Planning and Development Board and the Community Redevelopment Agency, does deem it appropriate and in the best interests of the citizens and residents of the City of Boynton Beach, to amend the Land Development Regulations of the City of Boynton Beach to amend procedures for Commission review of Land Development matters and eliminating the procedure which places the review of Land Development approvals by advisory boards on the City Commission's Consent Agenda. 20 21 22 23 24 25 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 26 27 Section 1. The foregoing whereas clause is true and correct and is now ratified and 28 confirmed by the City Commission. 29 Section 2. Chapter 1.5, "Planning and Development Generally", Section 4-3, of 30 the Land Development Regulations of the City of Boynton Beach Code of Ordinances is 31 hereby amended as follows: 32 Sec. 4-3. Authority Granted by the City Commission. 33 (C) No action of the Planning and Development Board or the Community Redevelopment 34 Agencv Board when the Community Development Agencv is conducting review of a proiect 35 within the Redevelopment Area. shall be considered a final action ofthe City until ratified by 36 the City Commission. The procedure for ratification shall be as follows: S:\CA\Ordinances\LDR Chanl!es\Amdendin2 LOR - Chanter 1.5 Ouasi Judicial <0123061.docS:\C^.\OnliflRflee.:'LDP, C:A.aRge.;'u~maefl6iHg U)R,.-(chaprer--l-,S.'Ql:l&.;-~-Jt,d~iaJ.:df)e II 1 1. All matters which have been reviewed and acted on by the Planning and 2 Development Board shall be reduced to writing as a proposed Development Order: The form 3 of the proposed Development Order shall be approved by the City Attorney. 4 5 6 7 8 9 10 II 2. All proposed Development Orders shall be submitted to the City Commission 00 tile eORGent agenda at the flfl*t second regular City Commission meeting following action by i the Planning and Development Board or the Community Redevelopment Agency. The item I shall be consolidated on the "public hearing" portion of the agenda with other agenda items concerning the same development. When a legislative item. such as a land use amendment is consolidated with a Quasi-iudicial item. such as a rezoning, both items shall proceed using the Quasi-iudicial process, but consolidation shall not alter the legal standard for review, or the burden of proof. 3. Prior to approval of tile CommissioR eon sent agenda, a member of the CommissiElR may reqHest the roolo'ial of any pF(Jposea Development Oraer form the SElRGent agenaa for fHlther aiscussiOR, eonsideration, or pHillie hearing prior to ratificatioR. 4. The City Commission may table a proposed Development Order which has been remElvea from the eonsent agenaa to a futHre meeting sate to insure that proper notice and opportunity to be heard is provided to the applicant, the public, and any other interested parties. All documents and evidence that were submitted to the Planning and Development Board or Community Redevelopment Agency Board constitute part of the record of the proceeding before the City Commission and it is presumed that the City Commission accepted and considered the documents and evidence in its consideration ofthe issues before the Commission. 5. Following ratification of a proposed Development Order by the City Commission, the City Clerk shall date and sign the Development Order and issue it as a final order. Section 3. Each and every other provision of the Land Development Regulations not herein specifically amended, shall remain in full force and effect as originally adopted. Section 4. All laws and ordinances applying to the City of Boynton Beach in conflict with any provisions of this ordinance are hereby repealed. Section 5. Should any section or provision of this Ordinance or any portion thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this Ordinance. Section 6. Authority is hereby given to codifY this Ordinance. Section 7. This Ordinance shall become effective immediately. FIRST READING thisQlIay of ...JAJ.iUI'IR.j ,2006. I S:\CA\Ordinances\LDR ChaOlles\Amdendinll LDR. Chanter 1.5 Ouasi Judicial COt2306tdocE:\C.\\OraiH9flee}LI:'H CflaRge.;l:\maGRsiRg lJ).R-----f-'h-aptef--l-.S.Qi,l-ast-J!lffie.jatdH€ 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 II SECOND, FINAL READING AND PASSAGE this 7~ day of F;ffIJruarll ,2006. I CITY OF BOYNTON BEACH, FLORIDA 11ayor Vice 11ayor Commissioner Commissioner Commissioner ATTEST: City Clerk S:\CA\Ordinances\LDR Chanees\Amdendine LOR ~ Chanter 1.5 Ouasi Judicial (OI2306l.docS:\CA\OniiFlafJeesILDR CllaRge,;' \fflGeR8iflg bl}R."-.('~haf*er-.J-.,j-Quwi.-JooieiaJ....dt)lil ...~. XII. - LEGAL ITEM B.1 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FOAAl 0 Administrative 0 Development Plans NATURE OF 0 Consent Agenda 0 New Business :..~:\CD AGENDA ITEM c.) 0 Public Hearing [8J Legal , __rT\ (.) Cl:p 0 Bids 0 UnfInished Business 1'0 ril..."""') :1: 0 Announcement 0 Presentation 0 City Manager's Report RECOMMENDATION: Please place this request on the February 7,2006 City Commission Agenda under Legal, Ordinance - First Reading. Staffforwards this proposed ordinance to the Commission in response to their desire to amend the Land Development Regulations to allow changes to be required to approved site plans as part of the Commission's approval of a time extension request. For further details pertaining to this item, please see the accompanying draft ordinance that would amend the Land Development Regulations, Chapter 4, Site Plan Review. Section 5. EXPLANATION: Staff understands that this request from the Commission is to enable them to require modifications to an approved site plan, as a condition of the approval for a time extension. Staff also understands that the need for this ability is based on fact that following site plan approval, codes or circumstances could change on which original approvals are granted, thereby warranting re-examination of an approved project and the requirement for necessary modifications. Said modifications to the approved plan would most likely be intended to improve compliance with city standards, regulations and codes; address potential land use incompatibilities; and/or to address issues originally unidentifIed. PROGRAM IMPACT: FISCAL IMPACT: ALTERNATIVES: NIA NIA Not approve subject ordinance thereby maintaining status quo, or amend subject ordinance as preferred by the City Commission. ~ City Manager's Signature ~ Planning and Zo . g irector City Attorney I Finance / Human Resources S:\Planmng\SHARED\WP\sPECPROJ\Commission Items under Discussion\Agenda Item Request Revising Chpt 4 Site Plans Sec. 5.dot S.IBULLETINIFORMSIAGENDA ITEM REQUEST FORM.OOC II ORDINANCE NO. 06-_ AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF BOYNTON BEACH, REVISING CHAPTER 4, "SITE PLANS" SECTION 5 TO PROVIDE FOR RIGHT OF THE CITY COMMISSION TO REQUIRE 110DIFICATIONS TO AN APPROVED SITE PLAN WHEN A REQUEST FOR EXTENSION HAS BEEN REQUESTED; PROVIDING FOR CONFLICT, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. WHEREAS, the City Commission does hereby deem it to be appropriate and in the best interests of the residents of the City of Boynton Beach to approve the amendments to the Code as hereinafter set forth. NOW THEREFORE, BE IT ORDAINED BY THE CITY COM11ISSION OF THE CITY OF BOYNTON BEACH, FLORIDA: Section 1. The foregoing "WHEREAS" clauses are true and correct and hereby ratified and confirmed by the City Commission. Section 2. Section 5 of Chapter 4, "Site Plans," of the Land Development Regulations, Part III of the Code of Ordinances is amended as follows: Sec. 5. Expiration of site plan. Upon approval of a site plan by the City Commission, the applicant shall have (1) year to secure a building permit from the development department. If an applicant fails to secure a building permit in that time, all previous approvals shall become null and void~, aHd the Bpjllieant ~ wishes tEl proceed with de'lelel'lment will be reqllired to slIbmit a He'll siteJllaR and BpjllieatieR~; jlrEl'/ieee hElweyer, aA clearing and grubbing permit shall not constitute a building permit plaH-for site plan review purposes. I.\t its aiGeretieR, the City Commission. at its discretion. may efl6e extend the approval of a site plan for an additional time period. not to exceeda one-year, Jleriee, _provided a request for extension is filed prior to the S:\CA\Ordinances\Site Plan extensions (MR changes 12220S).doc II expiration of the original one-year period. In granting such extensions the City Commission may require modification to or impose additional conditions on the site plan.to eOllform the site plaR to elllTellt Eievelopmellt stooEiards. Section 3. Conflicting Ordinances. All prior ordinances or resolutions or parts thereof in conflict herewith are hereby repealed to the extent of such conflict. Section 4. Severability. If any section, sentence, clause, or phrase of this Ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this Ordinance. Section 5. Inclusion in Code. It is the intention of the City Commission of the City of Boynton Beach, Florida, that the provisions of this Ordinance shall become and be made a part of the City of Boynton Beach Code of Ordinances; and that the sections of this ordinance may be renumbered or relettered and the word "ordinance" may be changed to "section," "article," or such other appropriate word or phrase in order to accomplish such intentions. Section 6. Effective Date. This Ordinance shall become effective immediately after adoption by the City Commission. S:\CA\Ordinances\Site Plan extensions (MR changes 122205).doc 2 II FIRST READING this _ day of ,2006. SECOND, FINAL READING AND PASSAGE this _ day of ,2006. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner ATTEST: Commissioner City Clerk (City Seal) S:\CA\OrdinanceslSite Plan extensions (MR changes 122205).doc 3 ORDINANCE NO. 2005-_ AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA A11ENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF BOYNTON BEACH, REVISING CHAPTER 4, "SITE PLANS" SECTION 5 TO PROVIDE FOR RIGHT OF THE CITY C011MISSION TO REQUIRE 110DIFICATIONS TO AN APPROVED SITE PLAN WHEN A REQUEST FOR EXTENSION HAS BEEN REQUESTED; PROVIDING FOR CONFLICT, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. WHEREAS, the City Commission does hereby deem it to be appropriate and in the best interests of the residents of the City of Boynton Beach to approve the amendments to the Code as hereinafter set forth. NOW THEREFORE, BE IT ORDAINED BY THE CITY C011MISSION OF THE CITY OF BOYNTON BEACH, FLORIDA: Section 1. The foregoing "WHEREAS" clauses are true and correct and hereby ratified and confirmed by the City Commission. Section 2. Section 5 of Chapter 4, "Site Plans," of the Land Development Regulations, Part III of the Code of Ordinances is amended as follows: Sec. 5. Expiration of site plan. Upon approval of a site plan by the City Commission, the applicant shall have (1) year to secure a building permit from the development department. If an applicant fails to secure a building permit in that time, all previous approvals shall become null and void~, and the applicant ~ wishes to llreceed ,:..itll develellmellt will be reqaired te sHbmit a He....' site plan and application,; provided heweyer, aA clearing and grubbing permit shall not constitute a building permit i*aH-for site plan review purposes. If.t its aiseretien, the City Commission. at its discretion. may once extend the approval of a site plan for an additional time period. not to exceeda one-year, periee, _provided a request for extension is filed prior to the expiration of the original one-year period. In granting such extensions the C:\DOCllments and SettinlZs\rumofm\Local Settings\Temoorarv Internet Files\OLKD\Site Plan extensions (MR chanl!es 122205).docS:\C" 'OrsiFHmeeslSite PlaH eJltensiSflS (MR SRafl28S 122295).aeeS:\c." 'Onlinanees\';ite PlaR 6JlteASiOFl::i.seeC:\De.2HfHffits. ~B:~b~;;!:!:!i:A...gji:!~f.f{!'I'l:"!:1\l,*~'i!!:Mttj!l"-&'!'if.~~~fY:h!:t~!::!~!:E!:~~9:bJ~*H~!8:i:tt1J~!!J.ft~1~f!t!!!tftfu~h!Q",,";.\l99(}\9001.&2J@ORD\8+te-P~frA e:"teAsieRs.Gee 1 City Commission may require modification to or impose additional conditions on the site plan.lo eonfoffil the site plan to 611ITenl lle'ielofllHeHt slaflllards. Section 3. Conflicting Ordinances. All prior ordinances or resolutions or parts thereof in conflict herewith are hereby repealed to the extent of such conflict. Section 4. Severability. If any section, sentence, clause, or phrase of this Ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this Ordinance. Section 5. Inclusion in Code. It is the intention of the City Commission of the CITY OF BOYNTON BEACH, Florida, that the provisions of this Ordinance shall become and be made a part of the CITY OF BOYNTON BEACH Code of Ordinances; and that the sections of this ordinance may be renumbered or relettered and the word "ordinance" may be changed to "section," "article," or such other appropriate word or phrase in order to accomplish such intentions. Section 6. Effective Date. This Ordinance shall become effective immediately after adoption by the City Commission. C:\Documents and Setti11l~s\runmfm\Local Settinll:s\Temoorarv Internet Files\OLKD\Site Plan extensions (MR chanl!es 122205)'docS:\C \\OraiFlanees\Site Plan el<t6fl.SiSHS a1R elUlH!!:es 122293).deeS:\C\\OnlinaHees\Site PI~ eJ:teFlsio;',8aeC:1DeeUAleflts ~m:J::<~~:.Hffi~'L\1~!:fitf.!t-'~h~!.l:!M!!!f!gf!~:C~fJQf~=!f'!:!'i!r:!~~.bEjJ~"\0.f..:J<_fH:~6.t~J#.:fr.fi~!'l"~~ffifrdb:~~4-:.\l990-\900-1-&2,fn3-\GRJ}\Stte-~lfflA ~ffi&.OOe 2 FIRST READING this _ day of ,2005. SECOND, FINAL READING AND PASSAGE this _ day of ,2006. CITY OF BOYNTON BEACH, FLORIDA 11ayor Vice Mayor Commissioner Commissioner ATTEST: Commissioner City Clerk C:\Documents and Settiulls\rumofm\Local Settinl!s\Temoorarv Internet Files\OLKD\Site Plan extensions (MR chanlles 122205)'docS;\C.'\\Orainanses\Site Plat' eJrtef-lSisRS (~fR elulfil2:es 122295taBsS:"CA10rsinane6s\Site PlaR 6ntet1sisflS,8eeC;\DeetJAleAts m~4.::I:i~!:!j.B:gfr~fuffif.ffi~\l~At::~~tt!:f!:gt!ffi~!!fY.::ffi~.rl:~BJ?K!:t:l:~il:t:P~J:!:~~:~B:fri!mf:!':.d:tJQlo.JAI-99Q.\ooo.l.-82JJmGRI)\S+te-P~an e:'hmsiSfls.eee 3 XII. - LEGAL ITEM B.2 1 ORDINANCE NO. 06 -0 15 2 3 AN ORDINANCE OF THE CITY C01111ISSION OF 4 THE CITY OF BOYNTON BEACH, FLORIDA, 5 A11ENDING SECTION 9-24(a) OF THE CODE OF 6 ORDINANCES CONCERNING FIRE FIGHTER AIR 7 SYSTEMS IN HIGH RISE BULDINGS; LI11ITING 8 APPLICATION OF REGULATIONS TO BUILDINGS 9 HIGHER THAN SEVENTY-FIVE (75) FEET; 10 PROVIDING FOR CONFLICTS, SEVERABILITY, 11 CODIFICATION AND AN EFFECTIVE DATE. 12 WHEREAS, the City Commission heretofore adopted Ordinance 04-005, codified as 13 Section 9-24 of the Code of Ordinances, requiring fire safety improvements for high rise 14 buildings; and 15 WHEREAS, Section 9-24a applies the regulations to buildings 75 feet or higher, in 16 all buildings of six or more stories used for human occupancy; and 17 WHEREAS, the City Commission has determined that the regulations should only 18 apply to buildings higher than 75 feet. 19 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 20 THE CITY OF BOYNTON BEACH, FLORIDA, AS FOLLOWS: 21 Section 1. The foregoing "Whereas" clauses are true and correct and incorporated 22 herein by reference. 23 Section 2. Section 9-24(a) of the City of Boynton Beach Code of Ordinances is 24 hereby amended as follows: 25 26 27 28 29 30 31 32 33 (a) Enforcement of application. The high-rise regulations set forth in this section shall be enforced by the Fire Marshal. These regulations shall apply to all buildings, which have floors used for human occupancy located higher than seventy-five (75) feet or more above grade~, and all buildint;G of six (6) or more stories used for buman occupano)'. Section 3. Each and every other provision of the Land Development Regulations not herein specifically amended, shall remain in full force and effect as originally adopted. Section 4. All laws and ordinances applying to the City of Boynton Beach In 2 : conflict with any provisions of this ordinance are hereby repealed. ! Section 5. Should any section or provision of this Ordinance or any portion I thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this Ordinance. 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 Section 6. Authority is hereby given to codify this Ordinance. This Ordinance shall become effective immediately Section 7. FIRST READING this _ day of ,2006. SECOND, FINAL READING AND PASSAGE this _ day of ,2006. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner ATTEST: Commissioner City Clerk 2